Supreme Court of the United States · Official docket →
John Doe, et al. v. Kathy Hochul, Governor of New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-2858 · judgment December 20, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a petition filed soon after the judgment below, and down for a state or local-government respondent.
Question presented
“Reliance on state statutes to excuse noncompliance with federal law is simply unacceptable under the Supremacy Clause.” Barber ex rel. Barber v. Colorado Dep’t of Revenue, 562 F.3d 1222, 1233 (10th Cir. 2009). As Justice Gorsuch previously noted, “a state law at odds with a valid Act of Congress is no law at all. Accordingly, the demands of the federal [antidiscrimination law] do not yield to state laws that discriminate against the [protected class]; it works the other way around.” Id. at 1234 (Gorsuch, J., concurring) (emphasis added). Simply put, “the Supremacy Clause of the Constitution requires a different order of priority. A discriminatory state law is not a defense to liability under federal law; it is a source of liability under federal law.” Id. (quoting Quinones v. City of Evanston, 58 F.3d 275, 277 (7th Cir. 1995)). The Second Circuit’s decision below impermissibly flipped the Supremacy Clause on its head, holding that employers could be excused from compliance with Title VII when providing the accommodation for religious beliefs required under Title VII would purportedly violate state law. (App. 11a.) That can’t be right. The questions presented are: (1) Whether compliance with state laws directly contrary to Title VII’s requirement to provide a reasonable accommodation for religious beliefs may serve as an undue hardship justifying an employer’s noncompliance with Title VII of the Civil Rights Act of 1964.
Counsel of record
For petitioner
Mathew D. Staver
For respondent
Jacqueline Phipps Polito
Littler Mendelson, P.C.
Case
Conference history
Distributed for 10 conferences
Amicus briefs
2 cert-stage
Argument & decision
Decided June 29, 2026.
Proceedings
- Aug 13 2026DISTRIBUTED.
- Jul 23 2026Petition for Rehearing filed.
- Jun 29 2026Petition DENIED. Justice Gorsuch, with whom Justice Thomas and Justice Alito join, dissenting from the denial of certiorari. (Detached Opinion)
- Jun 22 2026DISTRIBUTED for Conference of 6/25/2026.
- Jun 16 2026Rescheduled.
- Jun 02 2026DISTRIBUTED for Conference of 6/18/2026.
- May 22 2026Supplemental brief of petitioners John Does 1-2, et al. filed.
- May 18 2026Brief amicus curiae of United States filed.
- Dec 08 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Dec 01 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 17 2025DISTRIBUTED for Conference of 11/21/2025.
- Nov 10 2025DISTRIBUTED for Conference of 11/14/2025.
- Nov 03 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 14 2025DISTRIBUTED for Conference of 10/17/2025.
- Oct 06 2025DISTRIBUTED for Conference of 10/10/2025.
- Aug 06 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 31 2025Reply of petitioners John Does 1-2, et al. filed.
- Jul 21 2025Brief of respondents Kathy Hochul, et al. in opposition filed.
- Jul 21 2025Brief of Healthcare Respondents in opposition filed.
- Jun 18 2025Motion to extend the time to file a response is granted and the time is further extended to and including July 21, 2025, for all respondents.
- Jun 17 2025Motion to extend the time to file a response from July 7, 2025 to July 21, 2025, submitted to The Clerk.
- Jun 04 2025Brief amici curiae of America's Frontline Doctors, et al. filed.
- May 23 2025Motion to extend the time to file a response is granted and the time is extended to and including July 7, 2025, for all respondents.
- May 22 2025Motion to extend the time to file a response from June 4, 2025 to July 7, 2025, submitted to The Clerk.
- May 05 2025Response Requested. (Due June 4, 2025)
- Apr 29 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 22 2025Waiver of right of respondent Trinity Health, Inc. to respond filed.
- Apr 22 2025Waiver of right of respondent Westchester Medical Center Advanced Physician Services, P.C. to respond filed.
- Apr 21 2025Waiver of right of respondent New York-Presbyterian Healthcare System, Inc. to respond filed.
- Apr 17 2025Waiver of right of respondents Kathy Hochul, James McDonald to respond filed.
- Mar 20 2025Petition for a writ of certiorari filed. (Response due April 23, 2025)