Shurtleff v. City of Boston

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-1800	1st Cir.	Jan 18, 2022	May 2, 2022	9-0	Breyer	OT 2021

Holding: Because Boston's flag-raising program did not constitute government speech, Boston's refusal to let petitioners fly their flag violated the free speech clause of the First Amendment.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Breyer on May 2, 2022. Justice Kavanaugh filed a concurring opinion. Justice Alito filed an opinion concurring in the judgment, in which Justices Thomas and Gorsuch joined. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined.

SCOTUSblog Coverage

Announcement of orders and opinions for Monday, May 2 (complete) (Angie Gou, May 2, 2022)
Boston violated First Amendment when it rejected Christian flag, court unanimously rules (Amy Howe, May 2, 2022)
Justices debate speech and religion in spat over flag-flying at Boston city hall (Amy Howe, January 18, 2022)
Boston's refusal to fly a Christian flag over city hall raises First Amendment questions (Amy Howe, January 17, 2022)
Justices set January argument calendar (Amy Howe, November 18, 2021)
Justices add five new cases to their docket from "long conference," including Cruz campaign case (Amy Howe, September 30, 2021)

Date	Proceedings and Orders (key to color coding)
06/21/2021	Petition for a writ of certiorari filed. (Response due July 26, 2021)
07/23/2021	Brief of respondents City of Boston, et al. in opposition filed.
07/26/2021	Brief amici curiae of Congressional Prayer Caucus Foundation, et al. filed.
08/11/2021	DISTRIBUTED for Conference of 9/27/2021.
09/17/2021	Reply of petitioners Harold Shurtleff, et al. filed. (Distributed)
09/30/2021	Petition GRANTED.
10/27/2021	Blanket Consent filed by Petitioner, Harold Shurtleff, et al.
11/02/2021	Blanket Consent filed by Respondent, City of Boston, et al.
11/12/2021	Motion to dispense with printing the joint appendix filed by petitioners Harold Shurtleff, et al.
11/15/2021	Brief of petitioners Harold Shurtleff, et al. filed.
11/16/2021	Brief amicus curiae of Foundation for Moral Law filed.
11/17/2021	ARGUMENT SET FOR Tuesday, January 18, 2022.
11/17/2021	Record requested from the U.S.C.A. 1st Circuit.
11/17/2021	Brief amicus curiae of Liberty, Life and Law Foundation filed.
11/19/2021	Brief amicus curiae of Pacific Legal Foundation filed.
11/22/2021	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
11/22/2021	Brief amicus curiae of Bronx Household of Faith filed.
11/22/2021	Brief amici curiae of American Civil Liberties Union and American Civil Liberties Union of Massachusetts filed.
11/22/2021	Brief amicus curiae of American Cornerstone Institute filed.
11/22/2021	Brief amicus curiae of The Becket Fund for Religious Liberty filed.
11/22/2021	Brief amicus curiae of United States filed.
11/22/2021	Brief amicus curiae of Notre Dame Law School Religious Liberty Initiative filed.
11/22/2021	Brief amicus curiae of The American Legion filed.
11/22/2021	Brief amicus curiae of The Rutherford Institute filed.
11/22/2021	Brief amicus curiae of Thomas More Society filed.
11/22/2021	Brief amici curiae of Congressional Prayer Caucus Foundation, et al. filed.
11/22/2021	Brief amicus curiae of Protect the First Foundation filed.
11/22/2021	Brief amicus curiae of CatholicVote.org Education Fund filed.
11/22/2021	Brief amici curiae of Advancing American Freedom and Faith & Freedom Coalition filed.
11/22/2021	Brief amici curiae of Kentucky, et al. filed.
11/30/2021	The record from the U.S.D.C. Dist. of Massachusetts is electronic and located on Pacer.
11/30/2021	The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer.
12/14/2021	CIRCULATED
12/15/2021	Brief of respondents City of Boston, et al. filed. (Distributed)
12/20/2021	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
12/22/2021	Brief amici curiae of National Council of the Churches of Christ in the USA, et al. filed. (Distributed)
12/22/2021	Brief amici curiae of Massachusetts, et al. filed. (Distributed)
12/22/2021	Brief amici curiae of Jewish Alliance for Law and Social Action, et al. filed. (Distributed)
12/22/2021	Brief amici curiae of Local Government Organizations filed. (Distributed)
12/22/2021	Brief amici curiae of Freedom From Religion Foundation and Center for Inquiry filed. (Distributed)
12/22/2021	Brief amicus curiae of Anti-Defamation League filed. (Distributed)
01/07/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
01/07/2022	Reply of Harold Shurtleff, et al. not accepted for filing. (Corrected version submitted)(January 11, 2022)
01/07/2022	Reply of petitioners Harold Shurtleff, et al. filed. (Distributed)
01/18/2022	Argued. For petitioners: Mathew Staver, Orlando, Fla.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Douglas Hallward-Driemeier, Washington, D. C.
05/02/2022	Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Kavanaugh, J., filed a concurring opinion. Alito, J., filed an opinion concurring in the judgment, in which Thomas and Gorsuch, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined.
06/03/2022	JUDGMENT ISSUED