U.S. Supreme Court Update
Here is the list of cases involving religious liberty, sanctity of life and defense of the family that the Supreme Court will examine at its conference on Friday, December 1 to determine whether to grant review or not. Again, I thank Walter Weber for his work detailing this information.
Once again, the “Bong Hits 4 Jesus” student speech case, Morse v. Frederick, appears on the conference list. The Supreme Court has been pondering it for the past five conferences with no decision on whether to grant or deny review. If the Supreme Court grants cert. in any of these cases, it will probably do so in a special orders list issued on Friday afternoon, December 1. If the high court denies review in these cases, it will probably do so in the regular orders list on Monday, December 4. The Supreme Court is announcing cert. grants a few days early, because it needs cases to fill its oral argument calendar and it wants to give the attorneys additional time to write merits briefs. Tom Goldstein provides more information on the state of the docket in this SCOTUS Blog post.
Hein v. Freedom From Religion Foundation Inc. (DOJ petition: challenge to taxpayer standing of separationist group bringing suit under Establishment Clause against Executive actions promoting Faith-Based and Community Initiatives) [response to petition requested; order expected Dec. 4]
Skoros v. New York City (Thomas More Law Center petition: Establishment Clause challenge to public school policy that allows display of menorah and star and crescent, but not Nativity scene) [conferenced Nov. 21 - Dec. 1; order expected Dec. 4]
Morse v. Frederick (Ken Starr petition: school violated student’s First Amendment rights by destroying banner reading “Bong Hits 4 Jesus”) [conferenced Oct. 27; Nov. 3, 9, 21; Dec. 1; order expected Dec. 4]
Fields v. Palmdale School District (Liberty Counsel petition: parental rights challenge to school survey on sexual matters) [order expected Dec. 4]
Zheng v. Gonzales (Falun Gong adherent seeks asylum on grounds of persecution for religion in China)
Center for Bio-Ethical Reform v. Honolulu (Thomas More Law Center petition: pilot wishing to tow airplane banner with pro-life message challenges, under federal preemption and First Amendment, Honolulu’s ban on tow banners) [order expected Dec. 4]
Honeyville Grain v. NLRB (employer challenges representation election where union organizers commented on business owners’ religion, religious donations, and support of missionaries)
Holm v. Utah (polygamist challenges bigamy conviction on Free Exercise and substantive due process grounds and contests showing of geographical element of jurisdiction) [response to petition requested]
D.F. v. Board of Education of Syosset Central School District (procedural due process and First Amendment challenge to sixth-grade student’s 30-day suspension for reading to other students his composition containing graphic sex and violence)
University of Notre Dame v. Laskowski (Michael Carvin petition: challenge to Article III standing of separationist group to seek restitution order compelling Notre Dame to repay to federal treasury funds allegedly dispensed in violation of the Establishment Clause)
Christian Civic League of Maine v. FEC (Jim Bopp appeal: First Amendment challenge to Bipartisan Campaign Reform Act’s ban on mentioning candidate names as applied to issue advocacy ads during BCRA’s blackout period)
Harper v. Poway Unified School District (Alliance Defense Fund petition: First Amendment challenge to school’s prohibition on wearing t-shirt with message condemning homosexuality)