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Kim Lippard, et vir v. Larry Holleman, et al.

Paid petition · Court of Appeals of North Carolina, No. 18-873 · judgment May 19, 2020


Certiorari denied · June 28, 2021
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

This Court has held that the First Amendment’s Religion Clauses allow courts to hear some civil claims that arise from ecclesiastical settings—i.e., settings relating to matters of church governance and administration—if those claims can be resolved using neutral principles of law. See Jones v. Wolf, 443 U.S. 595, 602–06 (1979). The Court also has held that the Religion Clauses prohibit courts from hearing some other civil claims that arise from ecclesiastical settings, even if those claims can be resolved using neutral principles of law. See Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171, 196 (2012). The Court has left open the question of how the Religion Clauses apply to tort claims, such as claims for defamation. See id. The question presented is: Whether the First Amendment’s Religion Clauses prohibit courts from hearing defamation claims that arise from ecclesiastical settings, even when the claims can be resolved using neutral principles of law.

Counsel of record

For petitioner
Julian H. Wright Jr.
Robinson, Bradshaw & Hinson

For respondent
Seth James Kraus
Gibbs & Associates Law Firm, LLC

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jun 28 2021
    Petition DENIED.
  2. Jun 21 2021
    DISTRIBUTED for Conference of 6/24/2021.
  3. Jun 21 2021
    Supplemental brief of petitioners Kim Lippard, et al. filed. (Distributed)
  4. Jun 16 2021
    Rescheduled.
  5. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  6. May 24 2021
    Rescheduled.
  7. May 11 2021
    DISTRIBUTED for Conference of 5/27/2021.
  8. May 10 2021
    Reply of petitioners Kim Lippard, et al. filed. (Distributed)
  9. Apr 27 2021
    Brief of respondents Larry Holleman, et al. in opposition filed.
  10. Mar 26 2021
    Brief amicus curiae of Law & Religion Professors filed.
  11. Mar 25 2021
    Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2021.
  12. Mar 24 2021
    Motion to extend the time to file a response from March 29, 2021 to April 28, 2021, submitted to The Clerk.
  13. Feb 22 2021
    Petition for a writ of certiorari filed. (Response due March 29, 2021)