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Our Lady of Guadalupe School v. Agnes Morrissey-Berru

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-56624 · judgment April 30, 2019

Decided · July 8, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Consolidated with 19-348. The First Amendment's Religion Clauses forbid government interference in a religious group's selection of its ministerial employees. The federal courts of appeals and state courts of last resort have long agreed that the key to determining ministerial status is whether an employee performed important religious functions. This Court's unanimous 2012 ruling in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC was consistent with that existing analytical consensus, and other circuits and states since 2012 have continued to rely on it. Yet the Ninth Circuit has now twice ruled that, under Hosanna-Tabor, important religious functions alone can never suffice-those functions must always be accompanied by considerations such as a religious title or religious training in order to demonstrate ministerial status. The question presented is: Whether the Religion Clauses prevent civil courts from adjudicating employment discrimination claims brought by an employee against her religious employer, where the employee carried out important religious functions

Counsel of record

For petitioner
Eric Christopher Rassbach
The Becket Fund for Religious Liberty

For respondent
Jennifer Anne Lipski
JML Law, A Professional Law Corporation

Case

Conference history
Distributed for 2 conferences

Amicus briefs
9 cert-stage · 44 merits
(37 supporting pet./neither, 7 respondent)

Argument & decision

Argued May 11, 2020 — Eric C. Rassbach · Jeffrey L. Fisher. Audio and transcript

Decided July 8, 2020. Opinion by Alito.

Proceedings

  1. Aug 10 2020
    JUDGMENT ISSUED.
  2. Jul 08 2020
    Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. VIDED.
  3. May 11 2020
    Argued. For petitioners: Eric C. Rassbach, Washington, D. C.; and Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.). For respondents: Jeffrey L. Fisher, Menlo Park, Cal. VIDED.
  4. Apr 15 2020
    RESCHEDULED FOR ARGUMENT on Monday, May 11, 2020. VIDED.
  5. Apr 13 2020
    Argument to be rescheduled for May 2020.
  6. Apr 03 2020
    Reply of petitioners filed. VIDED. (Distributed)
  7. Mar 23 2020
    Motion of Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. VIDED.
  8. Mar 23 2020
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
  9. Mar 16 2020
    ORAL ARGUMENT POSTPONED. VIDED.
  10. Mar 11 2020
    Brief amici curiae of Center for Inquiry, Inc., et al. filed. VIDED. (Distributed)
  11. Mar 11 2020
    Brief amici curiae of National Women's Law Center, et al. filed. VIDED. (Distributed)
  12. Mar 11 2020
    Motion of Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. VIDED.
  13. Mar 11 2020
    Brief amici curiae of Virginia, et al. filed. VIDED. (Distributed)
  14. Mar 11 2020
    Brief amici curiae of National Employment Lawyers Association, et al. filed. VIDED. (Distributed)
  15. Mar 11 2020
    Brief amici curiae of Clergy and Laity United for Economic Justice and Bet Tzedek filed. VIDED. (Distributed)
  16. Mar 11 2020
    Brief amici curiae of CHILD USA, et al. filed. VIDED. (Distributed)
  17. Mar 10 2020
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
  18. Mar 10 2020
    Brief amici curiae of The Freedom From Religion Foundation, et al. filed. VIDED. (Distributed)
  19. Mar 04 2020
    Brief of respondents filed. VIDED. (Distributed)
  20. Mar 04 2020
    The record of the USCA 9th Circuit is available on Pacer.
  21. Feb 19 2020
    CIRCULATED
  22. Feb 19 2020
    Record requested from the U.S.C.A. 9th Circuit.
  23. Feb 10 2020
    Brief amici curiae of InterVarsity Christian Fellowship/USA, World Vision Inc., Young Life filed. VIDED.
  24. Feb 10 2020
    Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed. VIDED.
  25. Feb 10 2020
    Brief amicus curiae of National Catholic Educational Association filed. VIDED.
  26. Feb 10 2020
    Brief amici curiae of Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America filed. VIDED.
  27. Feb 10 2020
    Brief amicus curiae of Torah Umesorah filed. VIDED.
  28. Feb 10 2020
    Brief amicus curiae of Franciscan University of Steubenville filed. VIDED.
  29. Feb 10 2020
    Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED.
  30. Feb 10 2020
    Brief amici curiae of General Conference of Seventh-day Adventists and Jewish Coalition for Religious Liberty filed. VIDED.
  31. Feb 10 2020
    Brief amicus curiae of Asma T. Uddin filed. VIDED.
  32. Feb 10 2020
    Brief amicus curiae of Independent Women's Law Center filed. VIDED.
  33. Feb 10 2020
    Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed. VIDED.
  34. Feb 10 2020
    Brief amicus curiae of United States filed. VIDED.
  35. Feb 10 2020
    Brief amici curiae of American Civil Liberties Union, et al filed. VIDED.
  36. Feb 10 2020
    Brief amicus curiae of Partnership Schools filed. VIDED.
  37. Feb 10 2020
    Brief amici curiae of Stephen Wise Temple and Milwaukee Jewish Day School filed. VIDED.
  38. Feb 10 2020
    Brief amici curiae of Columbia International University and Sixth Mount Zion Missionary Baptist Church filed. VIDED.
  39. Feb 10 2020
    Brief amicus curiae of American Center for Law and Justice filed. VIDED.
  40. Feb 10 2020
    Brief amicus curiae of The Rutherford Institute filed. VIDED.
  41. Feb 10 2020
    Brief amicus curiae of Professor John D. Inazu filed. VIDED.
  42. Feb 10 2020
    Brief amici curiae of The Association of Classical Christian Schools, et al., filed. VIDED.
  43. Feb 10 2020
    Brief amici curiae of Senator Mike Lee, et al. filed. VIDED.
  44. Feb 10 2020
    Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
  45. Feb 10 2020
    Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
  46. Feb 10 2020
    Brief amicus curiae of Ethics and Public Policy Center filed. VIDED.
  47. Feb 10 2020
    Brief amicus curiae of Inner Life Fund filed. VIDED.
  48. Feb 10 2020
    Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed. VIDED.
  49. Feb 10 2020
    Brief amici curiae of American Jewish Committee and United Synagogue of Conservative Judaism filed. VIDED.
  50. Feb 10 2020
    Brief amicus curiae of First Liberty Institute filed. VIDED.
  51. Feb 10 2020
    Brief amici curiae of Council for Christian Colleges and Universities and Forty Individual Religious Colleges and Universities filed. VIDED.
  52. Feb 10 2020
    Brief amici curiae of Billy Graham Evangelical Association, et al. filed. VIDED.
  53. Feb 10 2020
    Brief amici curiae of Professors Douglas Laycock, et al. filed. VIDED.
  54. Feb 10 2020
    Brief amicus curiae of United States filed. VIDED. (Distributed)
  55. Feb 07 2020
    Brief amici curiae of The Christian and Missionary Alliance, et al. filed. VIDED.
  56. Feb 07 2020
    Brief amicus curiae of Judicial Watch, Inc. filed. VIDED.
  57. Feb 07 2020
    Brief amici curiae of COLPA, et al. filed. VIDED.
  58. Feb 07 2020
    Brief amici curiae of State of Alaska, et al. filed (in 19-267).
  59. Feb 06 2020
    Brief amicus curiae of Foundation for Moral Law filed. VIDED.
  60. Feb 03 2020
    Joint appendix filed. (Statement of costs filed.) VIDED
  61. Feb 03 2020
    Brief of petitioner Our Lady of Guadalupe School filed. VIDED
  62. Jan 31 2020
    SET FOR ARGUMENT on Wednesday, April 1, 2020. VIDED
  63. Jan 27 2020
    Blanket Consent filed by Petitioner, Our Lady of Guadalupe School. VIDED
  64. Dec 18 2019
    Petition GRANTED. The petition for a writ of certiorari in No. 19-348 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  65. Dec 18 2019
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-267. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-267. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  66. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  67. Nov 12 2019
    Rescheduled.
  68. Nov 01 2019
    Reply of petitioner Our Lady of Guadalupe School filed. (Distributed)
  69. Oct 30 2019
    DISTRIBUTED for Conference of 11/15/2019.
  70. Oct 28 2019
    Brief of respondent Agnes Morrissey-Berru in opposition filed.
  71. Oct 28 2019
    Waiver of the 14-day waiting period under 15.5 filed.
  72. Oct 18 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2019.
  73. Oct 17 2019
    Motion to extend the time to file a response from October 18, 2019 to October 28, 2019, submitted to The Clerk.
  74. Oct 01 2019
    Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2019.
  75. Sep 30 2019
    Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
  76. Sep 30 2019
    Brief amici curiae of Christian Legal Society et al. filed.
  77. Sep 30 2019
    Brief amici curiae of General Conference of Seventh-day Adventists, et al. filed.
  78. Sep 30 2019
    Brief amicus curiae of Stephen Wise Temple filed.
  79. Sep 30 2019
    Brief amicus curiae of National Legal Foundation filed.
  80. Sep 27 2019
    Brief amici curiae of Professors Douglas Laycock, et al. filed.
  81. Sep 27 2019
    Brief amici curiae of Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America filed. VIDED
  82. Sep 27 2019
    Brief amici curiae of State of Alaska, et al. filed.
  83. Sep 26 2019
    Motion to extend the time to file a response from September 30, 2019 to October 18, 2019, submitted to The Clerk.
  84. Sep 11 2019
    Brief amicus curiae of The National Catholic Educational Association filed.
  85. Aug 28 2019
    Petition for a writ of certiorari filed. (Response due September 30, 2019)
  86. Jul 19 2019
    Application (19A80) granted by Justice Kagan extending the time to file until August 28, 2019.
  87. Jul 18 2019
    Application (19A80) to extend the time to file a petition for a writ of certiorari from July 29, 2019 to August 28, 2019, submitted to Justice Kagan.
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