No. 18-351

City of Pensacola, Florida, et al. v. Amanda Kondrat'yev, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-09-18
Status: GVR
Type: Paid
Amici (5)Relisted (3) Experienced Counsel
Tags: constitutional-law endorsement establishment-clause first-amendment historical-pedigree lemon-test passive-display passive-religious-display religious-display standing town-of-greece
Key Terms:
FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2019-06-27 (distributed 3 times)
Question Presented (AI Summary)

Whether plaintiffs have standing to sue under the Establishment Clause when their only alleged injury consists of the feelings of offense' produced by observing a passive religious display

Question Presented (OCR Extract)

QUESTIONS PRESENTED Relying on the “Lemon test,” a panel of the Eleventh Circuit held that a city violated the Establishment Clause by allowing the display of across that has been an uncontroversial part of community life for over 75 years. The questions presented are: 1. Whether plaintiffs have standing to sue under the Establishment Clause when their only alleged injury consists of the feelings of “offense” produced by observing a passive religious display. 2. Whether, under Town of Greece v. Galloway, 134 S. Ct. 1811 (2014), passive religious displays with a long historical pedigree must be torn down because of claims that they have the purpose or effect of endorsing religion.

Docket Entries

2019-07-30
JUDGMENT ISSUED.
2019-06-28
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of American Legion v. American Humanist Assn., 588 U. S. ___ (2019).
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2018-11-26
Letter of respondents Amanda Kondrat'yev, et al. received. (Distributed)
2018-11-21
Reply of petitioners City of Pensacola, Florida, et al. filed. (Distributed)
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-19
Brief of respondents Amanda Kondrat'yev, et al. in opposition filed. (Distributed)
2018-11-14
Waiver of the 14-day waiting period under Rule 14.5 filed by petitioners.
2018-10-18
Brief amicus curiae of International Municipal Lawyers Association filed.
2018-10-18
Brief amici curiae of Alabama and 12 additional States filed.
2018-10-18
Brief amicus curiae of Junior Chamber International (JCI) Florida filed.
2018-10-18
Brief amicus curiae of Foundation for Moral Law filed.
2018-10-10
Motion to extend the time to file a response is granted in part and the time is extended to and including November 19, 2018.
2018-10-09
Motion to expedite consideration filed by petitioners DENIED. Justice Kavanaugh took no part in the consideration or decision of this motion.
2018-10-05
Supplemental letter from counsel for petitioners in response to motion filed.
2018-10-04
Response to motion to extend the time to file a response from petitioners filed.
2018-10-04
Motion to extend the time to file a response from October 18, 2018 to December 17, 2018, submitted to The Clerk.
2018-09-24
Brief amici curiae of The Jewish Coalition for Religious Liberty, et al. filed.
2018-09-24
Reply in support of motion to expedite consideration of the petition for a writ of certiorari filed by petitioners. (Distributed)
2018-09-21
Response to motion to expedite consideration of the petition for a writ of certiorari from respondents Amanda Kondrat'yev, et al. filed. (Distributed)
2018-09-19
DISTRIBUTED for Conference of 10/5/2018.
2018-09-17
Petition for a writ of certiorari filed. (Response due October 18, 2018)
2018-09-17
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.

Attorneys

Alabama and 12 additional States
Steven Troy MarshallOffice of the Attorney General, Amicus
Amanda Kondrat'yev, et al.
Monica Lynn MillerAmerican Humanist Association, Respondent
City of Pensacola, Florida, et al.
Luke W. GoodrichThe Becket Fund for Religious Liberty, Petitioner
Foundation for Moral Law
Matthew James ClarkFoundation for Moral Law, Inc., Amicus
International Municipal Lawyers Association
Paul J. ZidlickySidley Austin LLP, Amicus
Junior Chamber International (JCI) Florida
Andrew Wade GuthrieHaynes and Boone, LLP, Amicus
The Jewish Coalition for Religious Liberty, the Coalition for Jewish Values, and the Union of Orthodox Jewish Congregations of America
Miles Edward ColemanNelson Mullins Riley & Scarborough, LLP, Amicus