No. 21-5592
John H. Ramirez v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al.
Tags: compelling-governmental-interest compelling-state-interest execution-protocol free-exercise free-exercise-clause free-speech least-restrictive-means pastoral-support religious-land-use-and-institutionalized-persons-a religious-rights rluipa
Key Terms:
SocialSecurity JusticiabilityDoctri
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Latest Conference:
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Question Presented (AI Summary)
Does the State's decision to restrict a pastor's religious practices during an execution substantially burden the free exercise of religion under the Free Exercise Clause and RLUIPA?
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Under the Free Exercise Clause and Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. §§ 2000cc—2000cc— 5 (2000), does the State’s decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from laying his hands on his parishioner as he dies, substantially burden the exercise of his religion, so as to require the State to justify the deprivation as the least restrictive means of advancing a compelling governmental interest? 2. Under the Free Exercise Clause and Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. §§ 2000cc—2000cc— 5 (2000), does the State’s decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from singing prayers, saying prayers or scripture, or whispering prayers or scripture, substantially burden the exercise of his religion, so as to require the State to justify the deprivation as the least restrictive means of advancing a compelling governmental interest? i
Docket Entries
2022-06-28
JUDGMENT FEE RECIEVED
2022-04-25
JUDGMENT ISSUED.
2022-03-24
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-5592_feah.pdf'>opinion</a> of the Court, in which Breyer, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., and Kavanaugh, J., filed concurring opinions. Thomas, J., filed a dissenting opinion.
2021-11-09
Argued. For petitioner: Seth Kretzer, Houston, Tex. For United States, as amicus curiae: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
2021-10-25
Reply of petitioner John Ramirez filed. (Distributed)
2021-10-22
ARGUMENT RESCHEDULED for Tuesday, November 9, 2021.
2021-10-19
Respondents' lodging material received (including redacted declaration for public record and the unredacted sealed declaration).
2021-10-15
Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
2021-10-15
Brief amici curiae of Maria Chavon Aguilar, Fernando Castro, Pablo Castro Jr., & Roberto Salcedo Jr. filed. (Distributed)
2021-10-15
Brief amici curiae of Arizona, et al., filed. (Distributed)
2021-10-15
Brief of respondents Bryan Collier filed. (Distributed)
2021-10-13
Respondents' September 22, 2021 lodging proposal approved, and submission of the non-record materials is requested by the Clerk.
2021-10-12
Motion of The Becket Fund for Religious Liberty for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument DENIED.
2021-10-12
Motion for leave to file Volume II of the joint appendix under seal GRANTED.
2021-10-12
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
2021-10-01
Motion of The Becket Fund for Religious Liberty for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2021-09-29
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2021-09-29
Record requested from the U.S.C.A. 5th Circuit.
2021-09-27
Brief amici curiae of Alliance Defending Freedom filed. (Distributed)
2021-09-27
Brief amici curiae of Scholars of the PLRA and Prison Grievance Systems filed. (Distributed)
2021-09-27
Brief amici curiae of United States Conference of Catholic Bishops and Texas Catholic Conference of Bishops filed. (Distributed)
2021-09-27
Brief amici curiae of Religious-Liberty Scholars Douglas Laycock, et al. filed. (Distributed)
2021-09-27
Brief amicus curiae of The Becket Fund for Religious Liberty filed. (Distributed)
2021-09-27
Brief amici curiae of Christian Legal Society, et al. filed. (Distributed)
2021-09-27
Brief amici curiae of Spiritual Advisors and Former Corrections Officials filed. (Distributed)
2021-09-27
Brief amici curiae of Former Prison Officials filed. (Distributed)
2021-09-27
Brief amicus curiae of Protect the First Foundation filed. (Distributed)
2021-09-27
Brief amici curiae of The Freedom From Religion Foundation, et al. in support of neither party filed. (Distributed)
2021-09-27
Brief amicus curiae of First Liberty Institute filed. (Distributed)
2021-09-27
Brief amicus curiae of United States in support of neither party filed. (Distributed)
2021-09-27
Brief of petitioner John Ramirez filed. (Distributed)
2021-09-27
Joint appendix (Volume I) filed. (Statement of costs filed). (Distributed)
2021-09-23
Sur-reply letter regarding respondents lodging proposal filed by petitioner.
2021-09-23
Reply letter regarding lodging proposal filed by respondents.
2021-09-22
Letter in opposition to respondents' lodging proposal filed by petitioner.
2021-09-22
Lodging proposal letter of respondents filed.
2021-09-22
Motion for leave to file Volume II of the joint appendix under seal filed by respondent Bryan Collier.
2021-09-21
CIRCULATED
2021-09-13
Blanket Consent filed by Respondent, Bryan Collier
2021-09-13
Blanket Consent filed by Petitioner, John Ramirez
2021-09-10
The parties are directed to submit briefs that address whether petitioner adequately exhausted his audible prayer claim under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). The parties are also directed to address whether petitioner has satisfied his burden under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) to demonstrate that a sincerely held religious belief has been substantially burdened by restrictions on either audible prayer or physical contact. The parties are further directed to address whether the government has satisfied its burden under RLUIPA to demonstrate its policy is the least restrictive means of advancing a compelling government interest. Finally, the parties are directed to address the type of equitable relief petitioner is seeking, the appropriate standard for this relief, and whether that standard has been met here. See Hill v. McDonough, 547 U. S. 573, 584 (2006) (setting forth a four- factor test for equitable relief). The parties may address other relevant issues, avoiding repetition of discussion in prior briefing.
2021-09-09
ARGUMENT SET FOR Monday, November 1, 2021.
2021-09-09
This case is set for argument on Monday, November 1, 2021. Petitioner's brief on the merits, and any amicus curiae briefs in support of petitioner or in support of neither party, are to be filed on or before Monday, September 27, 2021. Respondents' brief on the merits, and any amicus curiae briefs in support of respondents, are to be filed on or before Friday, October 15, 2021. Petitioner's reply brief is due on or before 2 p.m., Monday, October 25, 2021.
2021-09-08
The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in October or November 2021.
2021-09-08
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
2021-09-08
Application (21A33) referred to the Court.
2021-09-08
Reply of applicant John H. Ramirez filed.
2021-09-08
Brief of respondent Collier, Bryan, et al. in opposition filed.
2021-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2021)
2021-09-07
Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by The Becket Fund for Religious Liberty.
2021-09-07
Application (21A33) for a stay of execution of sentence of death, submitted to Justice Alito.
Attorneys
Alliance Defending Freedom
Gordon Dwyer Todd — Sidley Austin LLP, Amicus
Gordon Dwyer Todd — Sidley Austin LLP, Amicus
Arizona, et al.,
Ginger Jarvis — Office of the Attorney General, Amicus
Ginger Jarvis — Office of the Attorney General, Amicus
Bryan Collier
Judd Edward Stone II — Texas Attorney General's Office, Respondent
Judd Edward Stone II — Texas Attorney General's Office, Respondent
Jennifer Wren Morris — Texas Attorney General's Office, Respondent
Jennifer Wren Morris — Texas Attorney General's Office, Respondent
Christian Legal Society, et al.
Kimberlee Wood Colby — Christian Legal Society, Amicus
Kimberlee Wood Colby — Christian Legal Society, Amicus
Criminal Justice Legal Foundation
First Liberty Institute
Michael John Walsh Jr. — Foley & Lardner LLP, Amicus
Michael John Walsh Jr. — Foley & Lardner LLP, Amicus
Former Prison Officials
John Ramirez
Seth Kretzer — Law Office of Seth Kretzer, Petitioner
Seth Kretzer — Law Office of Seth Kretzer, Petitioner
Maria Chavon Aguilar, Fernando Castro, Pablo Castro Jr., & Roberto Salcedo Jr.
Allyson Ho — Gibson, Dunn & Crutcher LLP, Amicus
Allyson Ho — Gibson, Dunn & Crutcher LLP, Amicus
Protect the First Foundation
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Religious-Liberty Scholars Douglas Laycock, et al.
Scholars of the PLRA and Prison Grievance Systems: Andrea Armstrong, Kitty Calavita, Michele Deitch, Sharon Dolovich, Valerie Jenness, Michael B. Mushlin, Keramet Reiter, and Margo Schlanger
Jennifer Sheffield Freel — Vinson & Elkins LLP, Amicus
Jennifer Sheffield Freel — Vinson & Elkins LLP, Amicus
Spiritual Advisors and Former Corrections Officials
Lisa Schiavo Blatt — Williams & Connolly LLP, Amicus
Lisa Schiavo Blatt — Williams & Connolly LLP, Amicus
The Becket Fund for Religious Liberty
The Freedom From Religion Foundation, American Atheists, and American Humanist Association
Rebecca Susan Markert — Amicus
Rebecca Susan Markert — Amicus
United States
Elizabeth B. Prelogar — Solicitor General, Amicus
Elizabeth B. Prelogar — Solicitor General, Amicus
United States Conference of Catholic Bishops and Texas Conference of Catholic Bishops
Steven Charles Levatino — LevatinoPace, PLLC, Amicus
Steven Charles Levatino — LevatinoPace, PLLC, Amicus