No. 21-418
Joseph A. Kennedy v. Bremerton School District
Tags: constitutional-rights establishment-clause first-amendment free-exercise free-speech public-employment public-school religious-expression
Latest Conference:
2022-01-14
(distributed 2 times)
Question Presented (from Petition)
1. Whether a public-school employee who says a brief, quiet prayer by himself while at school and visible to students is engaged in government speech that lacks any First Amendment protection.
2. Whether, assuming that such religious expression is private and protected by the Free Speech and Free Exercise Clauses, the Establishment Clause nevertheless compels public schools to prohibit it.
Question Presented (AI Summary)
Whether public-school-employee-speech-is-government-speech
Docket Entries
2022-07-29
JUDGMENT ISSUED
2022-06-27
Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined, and in which Kavanaugh, J., joined, except as to Part III–B. Thomas, J., and Alito, J., filed concurring opinions. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined.
2022-04-25
Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: Richard B. Katskee, Washington, D. C.
2022-04-15
Reply of petitioner Joseph A. Kennedy filed. (Distributed)
2022-04-14
Motion of City, County, and Local Public Employer Organizations for leave to participate in oral argument as amici curiae and for divided argument DENIED.
2022-04-01
Brief amicus curiae of American Atheists, Inc. filed. (Distributed)
2022-04-01
Brief amici curiae of Jo Ann Magistro and Alan Brodman filed. (Distributed)
2022-04-01
Brief amicus curiae of Washington State School Directors' Association filed. (Distributed)
2022-04-01
Brief amici curiae of American Civil Liberties Union and ACLU of Washington filed. (Distributed)
2022-04-01
Brief amici curiae of Forum on the Military Chaplaincy and Former Members of the Military and Military Chaplaincies filed. (Distributed)
2022-04-01
Brief amici curiae of Freedom From Religion Foundation, et al. filed. (Distributed)
2022-04-01
Brief amici curiae of New York, et al. filed. (Distributed)
2022-04-01
Brief amici curiae of AASA, The School Superintendents Association, et al. filed. (Distributed)
2022-04-01
Brief amici curiae of Former Professional Football Players Obafemi D. Ayanbadejo, Sr., et al. filed. (Distributed)
2022-04-01
Brief amici curiae of Religious and Denominational Organizations and Bremerton-Area Clergy filed. (Distributed)
2022-04-01
Brief amici curiae of Members of the U.S. House of Representatives filed. (Distributed)
2022-04-01
Brief amici curiae of Washington State Charter Schools Association and California Charter Schools Association filed. (Distributed)
2022-04-01
Brief amicus curiae of California School Boards Association and its Education Legal Alliance filed. (Distributed)
2022-04-01
Brief amici curiae of Psychology and Neuroscience Scholars filed. (Distributed)
2022-04-01
Brief amicus curiae of Robert D. Kamenshine filed. (Distributed)
2022-04-01
Brief amici curiae of National Education Association, et al. filed. (Distributed)
2022-04-01
Brief amici curiae of City, county, and local public employer organizations filed. (Distributed)
2022-04-01
Motion of City, County, and Local Public Employer Organizations for leave to participate in oral argument as amici curiae and for divided argument filed.
2022-03-31
Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. (Distributed)
2022-03-31
Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)
2022-03-31
Brief amici curiae of Bremerton Community Members - BHS Football Team Alumnus, Parents, Community Leaders, and Educators filed. (Distributed)
2022-03-31
Brief amici curiae of Church-State Scholars filed. (Distributed)
2022-03-25
Brief of respondent Bremerton School District filed. (Distributed)
2022-03-23
CIRCULATED
2022-03-17
The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
2022-03-16
Record requested from the U.S.C.A. 9th Circuit.
2022-03-15
ARGUMENT SET FOR Monday, April 25, 2022.
2022-03-02
Brief amici curiae of Advancing American Freedom, Young America’s Foundation, and 42 Additional Organizations and Individuals filed (3/18/22 brief and PDF to be corrected and resubmitted.)
2022-03-02
Brief amicus curiae of America First Legal Foundation filed.
2022-03-02
Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed.
2022-03-02
Brief amicus curiae of The America First Policy Institute filed.
2022-03-02
Brief amicus curiae of Americans for Prosperity Foundation filed.
2022-03-02
Brief amicus curiae of The American Legion filed.
2022-03-02
Brief amicus curiae of The Rutherford Institute filed.
2022-03-02
Brief amicus curiae of United States Conference of Catholic Bishops filed.
2022-03-02
Brief amici curiae of Elisabeth P. DeVos and Defense of Freedom Institute for Policy Studies filed.
2022-03-02
Brief amici curiae of Ethics and Religious Liberty Commission of the Southern Baptist Convention filed.
2022-03-02
Brief amicus curiae of Christian Legal Society filed.
2022-03-02
Brief amici curiae of Advancing American Freedom, Young America's Foundation, and 39 Additional Organizations and Individuals filed. (03/24/2022). (Distributed)
2022-03-02
Brief amici curiae of Twenty-Seven States filed.
2022-03-02
Brief amicus curiae of Notre Dame Law School Religious Liberty Initiative filed.
2022-03-02
Brief amicus curiae of Protect The First Foundation filed.
2022-03-02
Brief amicus curiae of Foundation for Individual Rights in Education filed.
2022-03-02
Brief amici curiae of Kirk Cousins, et al. filed.
2022-03-02
Brief amici curiae of Former Attorneys General, Edwin Meese II, et al. filed.
2022-03-02
Brief amici curiae of Former Professional Football Players Steve Largent and Chad Hennings filed.
2022-03-02
Brief amicus curiae of Liberty Counsel filed.
2022-03-02
Brief amici curiae of Members of Congress filed.
2022-03-02
Brief amicus curiae of Galen Black filed.
2022-03-02
Brief amicus curiae of The American Cornerstone Institute filed.
2022-03-02
Brief amicus curiae of American Center for Law and Justice filed.
2022-03-02
Brief amicus curiae of Chaplain Alliance For Religious Liberty filed.
2022-03-02
Brief amicus curiae of Coach Tommy Bowden filed.
2022-03-01
Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed.
2022-03-01
Brief amicus curiae of Thomas More Society filed.
2022-03-01
Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
2022-03-01
Brief amici curiae of Mountain States Legal Foundation and Southeastern Legal Foundation filed.
2022-03-01
Brief amici curiae of Current State Legislators filed.
2022-02-28
Brief amici curiae of World Faith Foundation, et al. filed.
2022-02-28
Reply in Support of Suggestion of Mootness filed. (Distributed)
2022-02-25
Response to Suggestion of mootness filed. (Distributed)
2022-02-25
Brief amicus curiae of Darrell Green filed.
2022-02-24
Brief amicus curiae of American Constitutional Rights Union filed.
2022-02-23
Brief amicus curiae of Foundation for Moral Law filed.
2022-02-23
Joint appendix filed (statement of costs filed).
2022-02-23
Brief of petitioner Joseph A. Kennedy filed.
2022-02-22
Brief amicus curiae of Liberty Justice Center filed.
2022-02-18
Suggestion of mootness filed by respondent Bremerton School District. (Distributed)
2022-02-16
Brief amicus curiae of Alabama Center for Law and Liberty filed.
2022-01-21
Blanket Consent filed by Respondent, Bremerton School District
2022-01-21
Blanket Consent filed by Petitioner, Joseph A. Kennedy
2022-01-14
Petition GRANTED.
2022-01-10
DISTRIBUTED for Conference of 1/14/2022.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-21
Reply of petitioner Joseph A. Kennedy filed. (Distributed)
2021-12-07
Brief of respondent Bremerton School District in opposition filed.
2021-10-18
Brief amicus curiae of Pennsylvania Family Institute filed.
2021-10-18
Brief amicus curiae of Coach Tommy Bowden filed.
2021-10-18
Brief amici curiae of Members of Congress filed.
2021-10-18
Brief amicus curiae of Chaplain Alliance For Religious Liberty filed.
2021-10-18
Brief amicus curiae of Galen Black filed.
2021-10-18
Brief amici curiae of The Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
2021-10-18
Brief amici curiae of Twenty-Four States filed.
2021-10-18
Brief amici curiae of Advancing American Freedom, et al. filed.
2021-10-15
Brief amici curiae of Current State Legislators filed.
2021-10-14
Brief amici curiae of Former Professional Football Players Steve Largent and Chad Hennings filed.
2021-09-27
Blanket Consent filed by Respondent, Bremerton School District
2021-09-21
Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2021.
2021-09-20
Motion to extend the time to file a response from October 18, 2021 to December 7, 2021, submitted to The Clerk.
2021-09-16
Blanket Consent filed by Petitioner, Joseph A. Kennedy
2021-09-14
Petition for a writ of certiorari filed. (Response due October 18, 2021)
Attorneys
AASA, The School Superintendents Association, et al.
Charles Rothfeld — Mayer Brown LLP, Amicus
Advancing American Freedom, Young America's Foundation, and 39 Additional Organizations and Individuals
Alabama Center for Law and Liberty
America First Legal Foundation
Jonathan F. Mitchell — Mitchell Law PLLC, Amicus
American Atheists, Inc.
American Center for Law and Justice
Jay Alan Sekulow — Amicus
American Civil Liberties Union and ACLU of Washington
Kathleen Roberta Hartnett — Cooley LLP, Amicus
American Constitutionals Rights Union
John Joseph Park Jr. — Law Offices of Jack Park, Amicus
Americans for Prosperity Foundation
Baptist Joint Committee for Religious Liberty, et al.
Bremerton Community Members - BHS Football Team Alumnus, Parents, Community Leaders, and Educators
Andrew David Levy — Brown Goldstein & Levy, Amicus
Bremerton School District
California School Boards Association and its Education Legal Alliance
Chaplain Alliance For Religious Liberty
Christian Legal Society
Thomas Ryan McCarthy — Consovoy McCarthy PLLC, Amicus
Church-State Scholars
Joshua Adam Matz — Kaplan Hecker & Fink LLP, Amicus
City, County, and Local Public Employer Organizations
Michael R. Dreeben — O’Melveny & Myers LLP, Amicus
Claremont Institute's Center for Constitutional Jurisprudence
Coach Tommy Bowden
Current State Legislators
Darrell Green
William Wagner — Great Lakes Justice Center, Amicus
Elisabeth P. DeVos and Defense of Freedom Institute for Policy Studies
Matthew Theodore Martens — WilmerHale, Amicus
Family Policy Alliance and State Family Policy Councils
Randall L. Wenger — Independence Law Center, Amicus
Former Attorneys General, Edwin Meese II, et al.
Prerak Shah — Gibson, Dunn & Crutcher LLP, Amicus
Former Professional Football Players Obafemi D. Ayanbadejo, Sr., Christopher J. Kluwe, and Frank T. Lambert, and Various Collegiate Athletes and Coaches
Former Professional Football Players Steve Largent and Chad Hennings
Gordon Dwyer Todd — Sidley Austin LLP, Amicus
Forum on the Military Chaplaincy and Former Members of the Military and Military Chaplaincies
Foundation for Individual Rights in Education
Foundation for Moral Law
John Allen Eidsmoe — Foundation for Moral Law, Amicus
Galen Black
Jewish Coalition for Religious Liberty, et al.
Jo Ann Magistro and Alan Brodman
Joseph A. Kennedy
Paul D. Clement — Kirkland & Ellis LLP, Petitioner
Kirk Cousins, Joe DeLamielleure, Nick Foles, Phil Olsen, Christian Ponder, Drew Stanton, Harry Swayne, and Jack Youngblood
Lambda Legal Defense and Education Fund, Inc., Human Rights Campaign, COLAGE, Family Equality California, GLSEN, Keshet, PFLAG, Equality California
Thomas A. Zaccaro — Paul Hastings LLP, Amicus
Liberty Counsel
Mathew D. Staver — Liberty Counsel, Amicus
Liberty Justice Center
Daniel Robert Suhr — Liberty Justice Center, Amicus
Members of Congress
Donald Francis McGahn II — Jones Day, Amicus
Members of the U.S. House of Representatives
Asim M. Bhansali — Kwun Bhansali Lazarus LLP, Amicus
Mountain States Legal Foundation and Southeastern Legal Foundation
National Education Association et al.
Notre Dame Law School Religious Liberty Initiative
Michael Hugh McGinley — Dechert LLP, Amicus
Protect The First Foundation
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Psychology and Neuroscience Scholars
Mark W. Mosier — Covington & Burling, LLP, Amicus
Religious and Denominational Organizations and Bremerton-Area Clergy
Gregory M. Lipper — LeGrand Law PLLC, Amicus
Robert D. Kamenshine
Robert D Kamenshine — Amicus
States of New York, California, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, and Oregon, and the District of Columbia
Barbara Dale Underwood — Solicitor General, Amicus
The America First Policy Institute
James Stuart Castiglione Baehr — Amicus
The American Cornerstone Institute
The American Legion
Noel John Francisco — Jones Day, Amicus
The Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al.
Frederick W. Claybrook Jr. — Claybrook, LLC, Amicus
The Freedom From Religion Foundation, Center for Inquiry, American Humanist Association, and Secular Coalition for America
The Rutherford Institute
John W. Whitehead — The Rutherford Institute, Amicus
Thomas More Society
Maura Katherine Quinlan — Amicus
Twenty-Four States
Twenty-Seven States
United States Conference of Catholic Bishops
Washington State Charter Schools Association, California Charter Schools Association
Christopher Anderson Brook — Patterson Harkavy, Amicus
Washington State School Directors' Association
World Faith Foundation, et al.
James L. Hirsen — Amicus