Cutter v. Wilkinson

David Goldberger argued the cause for petitioners. With him on the briefs were Marc D. Stern and Benson A. Wolman.

Acting Solicitor General Clement argued the cause for the United States as respondent under this Court’s Rule 12.6 in support of petitioners. With him on the briefs were Assistant Attorney General Keisler, Patricia A. Millett, Mark B. Stern, and Michael S. Raab.

Douglas R. Cole, State Solicitor of Ohio, argued the cause for respondents. With him on the brief were Jim Petro, Attorney General, Stephen P. Carney, Senior Deputy Solicitor, and Todd R. Marti and Franklin E. Crawford, Assistant Solicitors. Briefs of amici curiae urging reversal were filed for the State of New York et al. by Eliot Spitzer, Attorney General of New York, Caitlin J. Halligan, Solicitor General, Daniel Smirlock, Deputy Solicitor General, and Jean Lin and Benjamin N. Gutman, Assistant Solicitors General, and by Christine O. Gregoire, Attorney General of Washington; for the American Correctional Chaplains Association et al. by Gene C. Schaerr; for Americans United for Separation of Church and State et al. by David M. Gossett, David C. Fathi, Ayesha N. Khan, Richard B. Katskee, Alex J. Luchenitser, and Steven R. Shapiro; for the National Association of Evangelicals et al. by Douglas Laycock and Nathan J. Diament; and for Sen. Orrin G. Hatch et al. by Martin S. Ledermanv.

Briefs of amici curiae urging affirmance were filed for the Commonwealth of Virginia et al. by Judith Williams Jagdmann, Attorney General of Virginia, William E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy Attorney General, and Matthew M. Cobb, Carla R. Collins, Eric A. Gregory, Joel C. Hoppe, Courtney M. Malveaux, Valerie L. Myers, A. Cameron O’Brion, Ronald N. Regnery, D. Mathias Roussy, Jr., and William R. Sievers, Associate State Solicitors General, by Alva A. Swan, Acting Attorney General of the Virgin Islands, and by the Attorneys General for their respective States as follows: Gregg D. Renkes of Alaska, Lawrence G. Wasden of Idaho, Thomas J. Miller of Iowa, Jon Bruning of Nebraska, Wayne Stenehjem of North Dakota, W. A. Drew Edmondson of Oklahoma, and Darrell V. McGraw, Jr., of West Virginia; for the American Jail Association et al. by Michael N. Beekhuizen and Michael H. Carpenter; and for the Claremont Institute Center for Constitutional Jurisprudence by John C. Eastman and Edwin Meese III.

Briefs of amici curiae were filed for the Coalition for the Free Exercise of Religion by Anthony R. Picarello, Jr., and K. Hollyn Hollman; for the International Municipal Lawyers Association et al. by Marci A. Hamilton; and for the Rutherford Institute by James J. Knicely and John W. Whitehead.