Supreme Court of the United States · Official docket →
Apache Stronghold v. United States, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-15295 · judgment March 1, 2024
Before the decision, about 2.2× 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
For centuries, Western Apaches have centered their worship on a small sacred site in Arizona called Chí’chil Biłdagoteel, or Oak Flat. Oak Flat is the Apaches’ direct corridor to the Creator and the locus of sacred ceremonies that cannot take place elsewhere. The government has long protected Apache rituals there. But because copper was discovered beneath Oak Flat, the government decided to transfer the site to Respondent Resolution Copper for a mine that will undisputedly destroy Oak Flat—swallowing it in a massive crater and ending sacred Apache rituals forever. Petitioner challenged this decision under the Religious Freedom Restoration Act and the Free Exercise Clause. In a fractured en banc ruling cobbled together from two separate 6-5 majorities, the Ninth Circuit rejected both claims. Although the court acknowledged that destroying Oak Flat would “literally prevent” the Apaches from engaging in religious exercise, it nevertheless concluded that doing so would not “substantially burden” their religious exercise under RFRA, relying on this Court’s pre-RFRA decision in Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988). And while the majority acknowledged that singling out Oak Flat for destruction is “plainly not ‘generally applicable,’” it rejected the free-exercise claim “for the same reasons”—no substantial burden. The question presented is: Whether the government “substantially burdens” religious exercise under RFRA, or must satisfy heightened scrutiny under the Free Exercise Clause, when it singles out a sacred site for complete physical destruction, ending specific religious rituals forever.
Counsel of record
For petitioner
Luke W. Goodrich
The Becket Fund for Religious Liberty
For respondent
Lisa Schiavo Blatt
Williams & Connolly LLP
Argument & decision
Decided May 27, 2025.
Proceedings
- Oct 06 2025Rehearing DENIED. Justice Gorsuch would grant the petition for rehearing. Justice Alito took no part in the consideration or decision of this petition.
- Sep 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 24 2025DISTRIBUTED.
- Jul 03 2025Supplemental brief of petitioner Apache Stronghold in Support of Rehearing filed.
- Jun 23 2025Petition for Rehearing filed.
- May 27 2025Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. Justice Gorsuch, with whom Justice Thomas joins, dissenting from the denial of certiorari. (Detached Opinion)
- May 19 2025DISTRIBUTED for Conference of 5/22/2025.
- May 13 2025Letter from the Solicitor General filed.
- May 12 2025DISTRIBUTED for Conference of 5/15/2025.
- May 12 2025Letter from counsel for petitioner filed.
- Apr 28 2025DISTRIBUTED for Conference of 5/2/2025.
- Apr 24 2025Letter from counsel for petitioner filed. (Distributed)
- Apr 21 2025DISTRIBUTED for Conference of 4/25/2025.
- Apr 21 2025Letter from counsel for respondent Resolution Copper Mining, LLC filed. (Distributed)
- Apr 21 2025Letter from the Solicitor General filed. (Distributed)
- Apr 18 2025Letter from counsel for petitioner filed. (Distributed)
- Apr 14 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 31 2025DISTRIBUTED for Conference of 4/4/2025.
- Mar 24 2025DISTRIBUTED for Conference of 3/28/2025.
- Mar 17 2025DISTRIBUTED for Conference of 3/21/2025.
- Mar 03 2025DISTRIBUTED for Conference of 3/7/2025.
- Feb 24 2025DISTRIBUTED for Conference of 2/28/2025.
- Feb 14 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 21 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Jan 06 2025DISTRIBUTED for Conference of 1/10/2025.
- Dec 09 2024DISTRIBUTED for Conference of 12/13/2024.
- Dec 02 2024DISTRIBUTED for Conference of 12/6/2024.
- Nov 19 2024Rescheduled.
- Nov 06 2024DISTRIBUTED for Conference of 11/22/2024.
- Nov 06 2024Reply of petitioner Apache Stronghold filed. (Distributed)
- Oct 22 2024Brief of Federal Respondents in opposition filed.
- Oct 22 2024Brief of respondent Resolution Copper Mining, LLC in opposition filed.
- Oct 15 2024Brief amici curiae of San Carlos Apache Tribe, et al. filed.
- Oct 15 2024Brief amici curiae of Christian Legal Society, et al. filed.
- Oct 15 2024Brief amici curiae of The Sikh Coalition, et al. filed.
- Oct 15 2024Brief amici curiae of Religious Freedom Institute, et al. filed.
- Oct 15 2024Brief amici curiae of Chaplain Alliance for Religious Liberty, et al. filed.
- Oct 15 2024Brief amici curiae of Senator Mike Lee, et al. filed.
- Oct 15 2024Brief amici curiae of Young America's Foundation, et al. filed.
- Oct 15 2024Brief amici curiae of Presiding Bishop of the Episcopal Church, et al. filed.
- Oct 15 2024Brief amici curiae of 52 Tribal Nations and Organizations filed.
- Oct 15 2024Brief amici curiae of Oklahoma, et al. filed.
- Oct 15 2024Brief amicus curiae of the Knights of Columbus filed.
- Oct 15 2024Brief amici curiae of Apache Elder Ramon Riley, et al. filed.
- Oct 15 2024Brief amici curiae of Religious Liberty Law Scholars filed.
- Oct 15 2024Brief amici curiae of the Presbyterian Church (U.S.A), et al. not accepted for filing. (October 23, 2024 - Corrected brief to be submitted)
- Oct 15 2024Brief amici curiae of the Presbyterian Church (U.S.A), et al. filed.
- Oct 14 2024Brief amici curiae of 85 Religious Organizations filed.
- Oct 01 2024Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2024, for all respondents.
- Sep 27 2024Motion to extend the time to file a response from October 15, 2024 to October 22, 2024, submitted to The Clerk.
- Sep 11 2024Petition for a writ of certiorari filed. (Response due October 15, 2024)
- Aug 01 2024Application (24A110) granted by Justice Kagan extending the time to file until September 11, 2024.
- Jul 26 2024Application (24A110) to extend the time to file a petition for a writ of certiorari from August 12, 2024 to September 11, 2024, submitted to Justice Kagan.