No. 25-849

United States Conference of Catholic Bishops v. David O'Connell

Lower Court: District of Columbia
Docketed: 2026-01-15
Status: Pending
Type: Paid
Amici (15)Response RequestedResponse Waived
Tags: church-autonomy constitutional-claims legal-defense neutral-principles religious-offering state-power
Latest Conference: N/A
Question Presented (from Petition)

For over 1,000 years, Catholics have given an annual offering to the Pope called Peter's Pence. A parishoner claims he was misled during Mass by an invitation from the pulpit that imprecisely described the Pope's use of Peter's Pence. He sued the U.S. Conference of Catholic Bishops, seeking discovery into the donors to, uses of, and internal deliberations about Peter's Pence. He requests an injunction restraining how the Church describes and uses the offering, and a refund for himself and a class of millions of donors.

The Bishops moved to dismiss under the Religion Clauses' church autonomy doctrine. The district court refused, holding the dispute could be resolved under the "neutral principles" approach developed for church property disputes. The D.C. Circuit dismissed the Bishops' interlocutory appeal, concluding that church autonomy provides only a defense against liability, not a structural immunity from suit, and that the "neutral principles" approach avoided "any violations" of church autonomy.

The questions presented are:

1. Whether church autonomy provides a structural limit on state power that protects churches from the burdens of litigating unconstitutional claims.

2. Whether a church may immediately appeal a dispositive church autonomy defense that was denied on legal grounds.

3. Whether the "neutral principles" approach applies outside the church property context to a dispute over a church's description and use of an offering that was used solely for religious purposes.

Question Presented (AI Summary)

Whether church autonomy provides a structural limit on state power that protects churches from the burdens of litigating unconstitutional claims; Whether a church may immediately appeal a dispositive church autonomy defense that was denied on legal grounds; Whether the 'neutral principles' approach applies outside the church property context to a dispute over a church's description and use of an offering that was used solely for religious purposes

Docket Entries

2026-04-09
Waiver of United States Conference of Catholic Bishops of the 14-day waiting period submitted.
2026-04-03
Brief of respondent David O'Connell in opposition filed.
2026-04-03
Brief of David O'Connell in opposition submitted.
2026-03-06
Amicus brief of Professor Derek T. Muller submitted.
2026-03-06
Amicus brief of Protect the First Foundation submitted.
2026-03-06
Amicus brief of Belmont Abbey College submitted.
2026-03-06
Amicus brief of J. Reuben Clark Law Society submitted.
2026-03-06
Amicus brief of Major Religious Organizations and Related Entities submitted.
2026-03-06
Amicus brief of John H. Garvey submitted.
2026-03-06
Amicus brief of Aleph Institute submitted.
2026-03-06
Brief amicus curiae of J. Reuben Clark Law Society filed.
2026-03-06
Brief amicus curiae of Aleph Institute filed.
2026-03-06
Brief amici curiae of Major Religious Organizations, et al. filed.
2026-03-06
Brief amici curiae of The Council for Christian Colleges & Universities, et al. filed.
2026-03-06
Brief amicus curiae of Protect the First Foundation filed.
2026-03-06
Brief amici curiae of Law & Religion Scholars filed.
2026-03-06
Brief amicus curiae of The Anglican Church in North America filed.
2026-03-06
Brief amicus curiae of Professor Derek T. Muller filed.
2026-03-06
Brief amicus curiae of John H. Garvey filed.
2026-03-06
Brief amicus curiae of Belmont Abbey College filed.
2026-03-06
Amicus brief of The Council for Christian Colleges & Universities, Association of Catholic Colleges and Universities, Association of Adventist Colleges and Universities, Association for Biblical Higher Education, International Alliance for Christian Education, Brigham Young University, American Association of Christian Schools, Association of Christian Schools International submitted.
2026-03-06
Amicus brief of The Anglican Church in North America submitted.
2026-03-05
Amicus brief of State of Missouri and Twenty-Two Other States as Amici Curiae submitted.
2026-03-05
Brief amici curiae of Missouri, et al. filed.
2026-03-04
Brief amici curiae of Four Religious Organizations filed.
2026-02-20
Amicus brief of Professor Lael Weinberger submitted.
2026-02-20
Brief amicus curiae of Professor Lael Weinberger filed.
2026-02-19
Brief amici curiae of Former Equal Employment Opportunity Commission General Counsel, et al. filed.
2026-02-19
Amicus brief of Sharon Fast Gustafson and Rachel N. Morrison submitted.
2026-02-11
Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2026.
2026-02-09
Motion to extend the time to file a response from March 6, 2026 to April 3, 2026, submitted to The Clerk.
2026-02-09
Motion of David O'Connell for an extension of time submitted.
2026-02-04
Response Requested. (Due March 6, 2026)
2026-02-04
DISTRIBUTED for Conference of 2/20/2026.
2026-02-02
Waiver of right of respondent David O'Connell to respond filed.
2026-02-02
Waiver of David O'Connell of right to respond submitted.
2026-01-23
Brief amici curiae of Christian Legal Society, et al. filed.
2026-01-23
Amicus brief of Christian Legal Society, Thomas More Society, the National Association of Evangelicals, Christian and Missionary Alliance, Ethics and Religious Liberty Commission, and Lutheran Church-Missouri Synod submitted.
2026-01-13
Petition for a writ of certiorari filed. (Response due February 17, 2026)

Attorneys

Aleph Institute
Matthew Theodore MartensWilmerHale, Amicus
Belmont Abbey College
Joshua Craig McDanielHarvard Law School Religious Freedom Clinic, Amicus
Christian Legal Society
Steven T. McFarlandSuite 302, Amicus
Christian Legal Society, Thomas More Society, the National Association of Evangelicals, Christian and Missionary Alliance, Ethics and Religious Liberty Commission, and Lutheran Church-Missouri Synod
Laura Darien NammoCenter for Law & Religious Freedom, Amicus
David O'Connell
Gabriel Zachiah DobleDovel & Luner, LLP, Respondent
Four Religious Organizations
Joel Scott NoletteWiley Rein LLP, Amicus
J. Reuben Clark Law Society
Jasjaap Singh SidhuHorvitz and Levy LLP, Amicus
John H. Garvey
Colter Lawrence PaulsonSquire Patton Boggs (US) LLP, Amicus
Law & Religion Scholars
Blaine H. EvansonGibson, Dunn & Crutcher LLP, Amicus
Major Religious Organizations and Related Entities
Gene Clayton SchaerrSchaerr | Jaffe, Amicus
Professor Derek T. Muller
Christopher George MichelQuinn Emanuel Urquhart & Sullivan, LLP, Amicus
Professor Lael Weinberger
Aaron Michael StreettBaker Botts, L.L.P., Amicus
Protect the First Foundation
Erik S. JaffeSchaerr | Jaffe LLP, Amicus
Sharon Fast Gustafson and Rachel N. Morrison
Erika Lauren MaleyHunton Andrews Kurth LLP, Amicus
State of Missouri and Twenty-Two Other States as Amici Curiae
William James SeidleckOffice of Missouri Attorney General, Amicus
The Anglican Church in North America
Sean MarottaHogan Lovells US LLP, Amicus
The Council for Christian Colleges & Universities, Association of Catholic Colleges and Universities, Association of Adventist Colleges and Universities, Association for Biblical Higher Education, International Alliance for Christian Education, Brigham Yo
Ian Seth SpeirCovenant Law PLLC, Amicus
United States Conference of Catholic Bishops
Daniel Howard BlombergThe Becket Fund for Religious Liberty, Petitioner