Currently pending before the Supreme Court is an emergency application from Yeshiva University. The case concerns whether the Jewish university can be required to recognize an LGBT student organization. The application for a stay was filed on August 29. That day, Circuit Justice Sotomayor called for a response by September 2. And the response was filed that on date. Between August 30 and September 2, ten amicus briefs were filed in support of Petitioner, including from the Jewish Coalition for Religious Liberty. (Disclosure: I am a director of that organization, and reviewed an earlier iteration of the brief in the lower courts.) However, zero amicus briefs were filed in support of Respondents.
The Respondents pointed out this fact in their response brief:
The sheer volume of amici who have filed briefs in support of Applicants demonstrates the national and even international interest in Applicants' First Amendment claims. Respondents will not be able to respond to those briefs in this application, nor will they have time to line up amici who might support their position, since unlike Applicants, Respondents did not have the opportunity to coordinate these filings in advance. Depending on what issues there are for review, many additional friends of the Court may wish to weigh in. The gravity of the questions Applicants want this Court to resolve would certainly suggest providing a more robust opportunity for amicus participation on both sides.
