No. 25-126

Michael Kane, et al. v. City of New York, New York, et al.

Lower Court: Second Circuit
Docketed: 2025-08-01
Status: Denied
Type: Paid
Amici (2)Relisted (2) Experienced Counsel
Tags: accommodation first-amendment religious-discrimination strict-scrutiny title-vii undue-hardship
Latest Conference: 2025-12-12 (distributed 2 times)
Question Presented (from Petition)

Whether strict scrutiny applies to a discretionary religious-accommodation scheme that turns on whether individuals follow organized religion and whether their personal religious beliefs differ from the beliefs of their religious leaders.

Question Presented (AI Summary)

Whether strict scrutiny applies to a discretionary scheme that turns on whether individuals follow organized religion and whether their personal religious beliefs differ from the beliefs of their religious leaders

Docket Entries

2025-12-15
Petition DENIED.
2025-12-08
DISTRIBUTED for Conference of 12/12/2025.
2025-12-02
Rescheduled.
2025-11-18
DISTRIBUTED for Conference of 12/5/2025.
2025-11-17
Reply of petitioners Michael Kane, et al. filed. (Distributed)
2025-11-17
Reply of Michael Kane, et al. submitted.
2025-11-03
Brief of respondents City of New York, New York, et al. in opposition filed.
2025-11-03
Brief of respondents City of New York et al. in opposition filed.
2025-11-03
Brief of New York, NY, et al. in opposition submitted.
2025-09-02
Brief amicus curiae of Pacific Justice Institute filed.
2025-09-02
Amicus brief of Pacific Justice Institute submitted.
2025-08-29
Brief amicus curiae of Lorica Institute for Freedom of Expression and Religion filed.
2025-08-29
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2025.
2025-08-29
Amicus brief of Lorica Institute for Freedom of Expression and Religion submitted.
2025-08-28
Motion to extend the time to file a response from September 2, 2025 to November 3, 2025, submitted to The Clerk.
2025-08-28
Motion of New York, NY, et al. for an extension of time submitted.
2025-07-21
Petition for a writ of certiorari filed. (Response due September 2, 2025)
2025-05-12
Application (24A1081) granted by Justice Sotomayor extending the time to file until July 21, 2025.
2025-05-07
Application (24A1081) to extend the time to file a petition for a writ of certiorari from May 20, 2025 to July 19, 2025, submitted to Justice Sotomayor.

Attorneys

City of New York et al.
Richard Paul DearingNew York City Law Department, Respondent
Lorica Institute for Freedom of Expression and Religion
Martin WhittakerLaw Offices of Martin Whittaker, Amicus
Michael Kane, et al.
John J. BurschAlliance Defending Freedom, Petitioner
New York, NY, et al.
Susan PaulsonNew York City Law Department, Respondent
Pacific Justice Institute
Kevin T. SniderPacific Justice Institute, Amicus