Three Point Shot – July 2022 | Proskauer Rose LLP

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Edited by Robert E. Freeman

Supreme Court docket Hauls in Coach’s First Modification Hail Mary

A few of you might recall Three Point Shot’s coverage in March 2018 of a public highschool soccer coach in Washington state who was placed on paid administrative depart in 2015 for persevering with his observe of kneeling at midfield and bowing his head for a postgame prayer that others may voluntarily be a part of. At the moment, we reported on the Ninth Circuit’s denial of the suspended coach Joseph Kennedy’s (“Kennedy”) bid for an en banc rehearing following the appeals courtroom’s affirmance of the dismissal of his First Modification claims and the denial of his injunction request to revive him to his teaching place. As we hinted then, Kennedy, in truth, pushed his case into time beyond regulation and threw a Hail Mary go to the Supreme Court docket. On June 27, 2022, Justice Neil Gorsuch caught the go in the long run zone and wrote the opinion that reversed the Ninth Circuit ruling in a 6-3 vote. In brief, the Gorsuch opinion concluded that the general public college district had violated the coach’s First Modification rights when it censored his spiritual observance. (Kennedy v. Bremerton Sch. Dist., 597 U.S. ___, No. 21-418 (June 27, 2022)).

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