No. 17-1623
Vide 17-1618
Title:Altitude Express, Inc., et al., Petitioners
Melissa Zarda and William Allen Moore, Jr., Co-Independent Executors of the Estate of Donald Zarda
Docketed:June 1, 2018
Lower Ct:United States Court of Appeals for the Second Circuit
   Case Numbers:(15-3775)
   Decision Date:February 26, 2018
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
May 29 2018Petition for a writ of certiorari filed. (Response due July 2, 2018)
PetitionAppendixCertificate of Word CountProof of Service
Jun 19 2018Motion to extend the time to file a response from July 2, 2018 to August 16, 2018, submitted to The Clerk.
Main DocumentProof of Service
Jun 21 2018Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2018.
Jul 02 2018Brief amici curiae of Public Advocate of the United States, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Aug 16 2018Brief of respondents Melissa Zarda, et al. in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
Sep 04 2018Reply of petitioners Altitude Express, Inc., et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 11 2018Rescheduled.
Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
Nov 26 2018Rescheduled.
Dec 03 2018DISTRIBUTED for Conference of 12/7/2018.
Dec 03 2018Rescheduled.
Dec 20 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019DISTRIBUTED for Conference of 2/22/2019.
Feb 25 2019DISTRIBUTED for Conference of 3/1/2019.
Mar 11 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 18 2019DISTRIBUTED for Conference of 3/22/2019.
Mar 25 2019DISTRIBUTED for Conference of 3/29/2019.
Apr 08 2019DISTRIBUTED for Conference of 4/12/2019.
Apr 15 2019DISTRIBUTED for Conference of 4/18/2019.
Apr 22 2019Petition GRANTED. The petition for writ of certiorari in No. 17-1618 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Apr 23 2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-1618. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-1618. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
May 13 2019Petitioner in No. 17-1618, respondents in No. 17-1623, and respondent Aimee Stephens in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(v), on or before Wednesday, June 26, 2019. Respondent in No. 17-1618, petitioners in No. 17-1623, and petitioner and respondent EEOC in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(vi), on or before Friday, August 16, 2019. Reply briefs, if any, pursuant to Rule 33.1(g)(vii), shall be filed on or before Monday, September 16, 2019. Amicus curiae briefs shall be filed pursuant to Rule 37.3. VIDED.
Jul 01 2019SET FOR ARGUMENT on Tuesday, October 8, 2019. VIDED
Aug 16 2019Record requested from the U.S.C.A. 2nd Circuit.
Aug 20 2019Record received from the U.S.C.A. 2nd Circuit is electronic.
Oct 08 2019Argued. For petitioner in 17-1618 and respondents in 17-1623: Pamela S. Karlan, Stanford, Cal. For respondent in 17-1618 and petitioners in 17-1623: Jeffrey M. Harris, Arlington, Va.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
Jun 15 2020Adjudged to be AFFIRMED (Reversed and remanded in No. 17-1618). Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined. Kavanaugh, J., filed a dissenting opinion. (Opinion also for No. 18-107). VIDED.

Attorneys for Petitioners
Saul D. Zabell
    Counsel of Record
Zabell & Associates, P.C.
1 Corporate Drive
Suite 103
Bohemia, NY 11716
Party name: Altitude Express, Inc., et al.
Attorneys for Respondents
Gregory Antollino
    Counsel of Record
Antollino, PLLC
275 Seventh Avenue Suite 705
New York, NY 10001
Party name: Melissa Zarda, et al.
Laura E. B. Lombardi
    Counsel of Record
New Hampshire Department of Justice
33 Capitol Street
Concord, NH 03301-6397
Party name: State of New Hampshire
Todd Steven Anten
    Counsel of Record
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue
New York, NY 10010
(212) 849-7000
Party name: 206 Businesses
Willieta Burlette Carter
    Counsel of Record
W. Burlette Carter, Professor Emerita, c/o George Washington Univ. Law Sch.
2000 H St., N.W.
Washington, DC 20052
Party name: W. Burlette Carter
William C. Duncan
    Counsel of Record
Marriage Law Foundation
1868 N 800 E
Lehi, UT 84043
Party name: Marriage Law Foundation
John Allen Eidsmoe
    Counsel of Record
Foundation for Moral Law
One Dexter Avenue
Montgomery, AL 36104
Party name: Foundation for Moral Law
Suzanne Beth Goldberg
    Counsel of Record
Columbia Law School Sexuality and Gender Law Clinic
435 West 116th Street
New York, NY 10027
Party name: Women CEOs and Other C-Suite Executives
Lauren Rosenblum Goldman
    Counsel of Record
Mayer Brown LLP
1221 Avenue of the Americas
New York, NY 10020
(212) 506-2500
Party name: Altria Group, Inc.
Lisa Hogan
    Counsel of Record
Brownstein Hyatt Farber Schreck, LLP
410 17th St. Suite 2200
Denver, CO 80202
Party name: Philosophy Professors
Erica Courtney Lai
    Counsel of Record
Cohen & Gresser LLP
2001 Pennsylvania Avenue NW, Suite 300
Washington, DC 20006
Party name: National Women's Law Center
C.Thomas Ludden
    Counsel of Record
Lipson Neilson P.C.
3910 Telegraph Road, Suite 200
Bloomfield Hills, MI 48302
Party name: Advocates for Faith and Freedom
Lindsay Polastri Nako
    Counsel of Record
Impact Fund
125 University Ave., Suite 102
Berkeley, CA 94710-1616
Party name: Impact Fund, National Employment Lawyers Association, Employee Rights Advocacy Institute for Law & Policy, AARP, AIDS Legal Referral Panel, American Association for Access, Equity and Diversity, Bet Tzedek, California Rural Legal Assistance Foundation, California Rural Legal Assistance, Inc., Centro de los Derechos del Migrante, Inc., Centro Legal de la Raza, Civil Rights Education and Enforcement Center, Disability Rights Advocates, Disability Rights Education & Defense Fund, East Bay Community Law Center, Legal Aid at Work, National Black Justice Coalition, Oasis Legal Services, Public Justice, SAGE, Shriver Center on Poverty Law, Inc., and Western Center on Law and Poverty
William Jeffrey Olson
    Counsel of Record
William J. Olson, P.C.
370 Maple Ave. W., Suite 4
Vienna, VA 22180
Party name: Public Advocate of the United States, et al.
Sasha Minh Samberg-Champion
    Counsel of Record
Relman, Dane & Colfax
1225 19th St., NW
Suite 600
Washington, DC 20036-2456
Party name: Employment Discrimination Law Scholars
Mathew D. Staver
    Counsel of Record
PO Box 540774
Orlando, FL 32854
Party name: Liberty Counsel
Jeffrey S. Trachtman
    Counsel of Record
Kramer Levin Naftalis & Frankel LLP
1177 Avenue of the Americas
New York, NY 10036
212 715 9175
Party name: The Presiding Bishop and President of the House of Deputies of the Episcopal Church; United Synagogue of Conservative Judaism; General Synod of the United Church of Christ; The Central Conference of American Rabbis; More than 700 Individual Faith Leaders, et al.