| No. 21-5592 *** CAPITAL CASE *** | |
| Title: | John H. Ramirez, Petitioner v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. |
| Docketed: | September 7, 2021 |
| Linked with 21A33 | |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (21-70004) |
| Decision Date: | September 6, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Sep 07 2021 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2021) |
| PetitionAppendixMotion for Leave to Proceed in Forma PauperisProof of ServiceCertificate of Word Count | |
| Sep 07 2021 | Application (21A33) for a stay of execution of sentence of death, submitted to Justice Alito. |
| Main Document | |
| Sep 07 2021 | 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. |
| Main DocumentOtherProof of Service | |
| Sep 08 2021 | Brief of respondent Collier, Bryan, et al. in opposition filed. |
| Main DocumentProof of Service | |
| Sep 08 2021 | Reply of applicant John H. Ramirez filed. |
| Reply | |
| Sep 08 2021 | Application (21A33) referred to the Court. |
| Sep 08 2021 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Sep 08 2021 | 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. |
| Sep 09 2021 | 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. |
| Sep 09 2021 | ARGUMENT SET FOR Monday, November 1, 2021. |
| Sep 10 2021 | 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. ยง 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. |
| Sep 13 2021 | Blanket Consent filed by Petitioner, John Ramirez |
| Blanket Consent | |
| Sep 13 2021 | Blanket Consent filed by Respondent, Bryan Collier |
| Blanket Consent | |
| Sep 21 2021 | CIRCULATED |
| Sep 22 2021 | Motion for leave to file Volume II of the joint appendix under seal filed by respondent Bryan Collier. |
| Main DocumentProof of Service | |
| Sep 22 2021 | Lodging proposal letter of respondents filed. |
| Main DocumentProof of Service | |
| Sep 22 2021 | Letter in opposition to respondents' lodging proposal filed by petitioner. |
| Main DocumentMain Document | |
| Sep 23 2021 | Reply letter regarding lodging proposal filed by respondents. |
| Main DocumentProof of Service | |
| Sep 23 2021 | Sur-reply letter regarding respondents lodging proposal filed by petitioner. |
| Main DocumentProof of Service | |
| Sep 27 2021 | Joint appendix (Volume I) filed. (Statement of costs filed). (Distributed) |
| Main DocumentProof of Service | |
| Sep 27 2021 | Brief of petitioner John Ramirez filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2021 | Brief amicus curiae of United States in support of neither party filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Sep 27 2021 | Brief amicus curiae of First Liberty Institute filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2021 | Brief amici curiae of The Freedom From Religion Foundation, et al. in support of neither party filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2021 | Brief amicus curiae of Protect the First Foundation filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2021 | Brief amici curiae of Alliance Defending Freedom filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2021 | Brief amici curiae of Former Prison Officials filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2021 | Brief amici curiae of Spiritual Advisors and Former Corrections Officials filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2021 | Brief amici curiae of Christian Legal Society, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2021 | Brief amici curiae of Religious-Liberty Scholars Douglas Laycock, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 27 2021 | Brief amici curiae of United States Conference of Catholic Bishops and Texas Catholic Conference of Bishops filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2021 | Brief amici curiae of Scholars of the PLRA and Prison Grievance Systems filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 29 2021 | Record requested from the U.S.C.A. 5th Circuit. |
| Sep 29 2021 | 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. |
| Proof of ServiceMain Document | |
| Oct 01 2021 | 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. |
| Main DocumentProof of Service | |
| Oct 12 2021 | Motion for leave to file Volume II of the joint appendix under seal GRANTED. |
| Oct 12 2021 | 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. |
| Oct 12 2021 | 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. |
| Oct 13 2021 | Respondents' September 22, 2021 lodging proposal approved, and submission of the non-record materials is requested by the Clerk. |
| Oct 15 2021 | Brief of respondents Bryan Collier filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 15 2021 | Brief amici curiae of Arizona, et al., filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 15 2021 | Brief amici curiae of Maria Chavon Aguilar, Fernando Castro, Pablo Castro Jr., & Roberto Salcedo Jr. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 15 2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| Certificate of Word CountMain DocumentProof of Service | |
| Oct 19 2021 | Respondents' lodging material received (including redacted declaration for public record and the unredacted sealed declaration). |
| Main DocumentMain Document | |
| Oct 22 2021 | ARGUMENT RESCHEDULED for Tuesday, November 9, 2021. |
| Oct 25 2021 | Reply of petitioner John Ramirez filed. (Distributed) |
| Main DocumentProof of ServiceProof of Service | |
| Nov 09 2021 | 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. |
| Mar 24 2022 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion 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. |
| Apr 25 2022 | JUDGMENT ISSUED. |
| Jun 28 2022 | JUDGMENT FEE RECIEVED |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Seth Kretzer Counsel of Record | Law Office of Seth Kretzer 9119 South Gessner Suite 105 Houston, TX 77074 seth@kretzerfirm.com | 713-775-3050 |
| Party name: John Ramirez | ||
| Attorneys for Respondent | ||
| Judd Edward Stone II Counsel of Record | Texas Attorney General's Office P.O. Box 12548 (MC 059) Austin, TX 78711-2548 judd.stone@oag.texas.gov | 512-936-1700 |
| Party name: Bryan Collier | ||
| Jennifer Wren Morris | Texas Attorney General's Office 300 W. 15th St. Austin, TX 78701 jennifer.morris@oag.texas.gov | 5129362991 |
| Party name: Bryan Collier | ||
| Other | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Lisa Schiavo Blatt Counsel of Record | Williams & Connolly LLP 725 12th Street, NW Washington, DC 20005 lblatt@wc.com | 202-434-5050 |
| Party name: Spiritual Advisors and Former Corrections Officials | ||
| Kimberlee Wood Colby Counsel of Record | Christian Legal Society 8001 Braddock Rd., Suite 302 Springfield, VA 22151 kcolby@clsnet.org | 703-894-1087 |
| Party name: Christian Legal Society, et al. | ||
| David C. Frederick Counsel of Record | Kellogg, Hansen, Todd, Figel & Frederick 1615 M Street, NW, Suite 400 Washington, DC 20036-3209 dfrederick@kellogghansen.com | 202-326-7900 |
| Party name: Former Prison Officials | ||
| Jennifer Sheffield Freel Counsel of Record | Vinson & Elkins LLP 2801 Via Fortuna, Suite 100 Austin, TX 78746 jfreel@velaw.com | 512-542-8538 |
| Party name: 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 | ||
| Allyson Ho Counsel of Record | Gibson, Dunn & Crutcher LLP 2001 Ross Avenue Suite 2100 Dallas, TX 75201 aho@gibsondunn.com | 214-698-3233 |
| Party name: Maria Chavon Aguilar, Fernando Castro, Pablo Castro Jr., & Roberto Salcedo Jr. | ||
| Ginger Jarvis Counsel of Record | Office of the Attorney General 2005 N. Central Avenue Phoenix, AZ 85004 ginger.jarvis@azag.gov | (602) 542-4686 |
| Party name: Arizona, et al., | ||
| Harold Douglas Laycock Counsel of Record | University of Virginia Law School 219 Sprigg Lane Charlottesville, VA 22903 DLAYCOCK@VIRGINIA.EDU | 512-656-1789 |
| Party name: Religious-Liberty Scholars Douglas Laycock, et al. | ||
| Steven Charles Levatino Counsel of Record | LevatinoPace, PLLC 1101 S. Capital of Texas Hwy,. K-125 Austin, TX 78746 steven@lpfirm.com | 5126371581 |
| Party name: United States Conference of Catholic Bishops and Texas Conference of Catholic Bishops | ||
| Rebecca Susan Markert Counsel of Record | Freedom form Religion Foundation P.O. Box 750 Madison, WI 53701 rmarkert@ffrf.org | (608) 256-8900 |
| Party name: The Freedom From Religion Foundation, American Atheists, and American Humanist Association | ||
| Eric Christopher Rassbach Counsel of Record | The Becket Fund for Religious Liberty 1919 Pennsylvania Avenue, NW Suite 400 Washington, DC 20006 erassbach@becketlaw.org | 2029550095 |
| Party name: The Becket Fund for Religious Liberty | ||
| Gene Clayton Schaerr Counsel of Record | Schaerr | Jaffe 1717 K Street NW, Suite 900 Washington, DC 20006 gschaerr@schaerr-jaffe.com | 202-787-1060 |
| Party name: Protect the First Foundation | ||
| Kent S. Scheidegger Counsel of Record | Criminal Justice Legal Fdtn. 2131 L Street Sacramento, CA 95816 briefs@cjlf.org | 9164460345 |
| Party name: Criminal Justice Legal Foundation | ||
| Gordon Dwyer Todd Counsel of Record | Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 gtodd@sidley.com | (202) 736-8000 |
| Party name: Alliance Defending Freedom | ||
| Michael John Walsh Jr. Counsel of Record | Foley & Lardner LLP 3000 K Street, N.W. Suite 600 Washington, DC 20007 mike.walsh@foley.com | 2022954040 |
| Party name: First Liberty Institute | ||