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Melissa Elaine Klein, et vir, Petitioners v. Oregon Bureau of Labor and Industries

Docket 22-204, Supreme Court of the United States (Sept. 7, 2022)
Petitioner Melissa Elaine Klein, et al.
Respondent Oregon Bureau of Labor and Industries
Other National Right to Work Legal Defense Foundation, Christian Legal Society, Jewish Coalition For Religious Liberty, and Coalition for Jewish Values
...

Judgment and mandate issued - Main Document

Document Melissa Elaine Klein, et vir, Petitioners v. Oregon Bureau of Labor and Industries, 22-204, Judgment and mandate issued, Main Document (U.S. Aug. 1, 2023)
vir, recover from Oregon Bureau of Labor and Industries, Three Hundred Dollars ($300.00) for costs herein expended.
and Aaron Wayne Klein, dba Sweetcakes by Melissa, and in the alternative, individually as an aider and abettor under ORS 659A.406, Petitioners, v. OREGON BUREAU OF LABOR AND INDUSTRIES, Respondent, No. A159899, was submitted to the SUPREME COURT OF THE UNITED STATES on petition for writ of certiorari and the response hereto.
The judgment of the Court of Appeals of Oregon is vacated with costs, and the case is remanded to the Court of Appeals of Oregon for further consideration in light of 303 Creative LLC v. Elenis, 600 U. S. ___ (2023).
recover from Oregon Bureau of Labor and Industries, Three Hundred Dollars ($300.00) for costs herein expended.
Witness the Honorable JOHN G. ROBERTS, JR., Chief Justice of the United States, the 30th day of June, in the year Two Thousand and Twenty-Three.
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Reply of petitioners Melissa Elaine - Certificate of Word Count

Document Melissa Elaine Klein, et vir, Petitioners v. Oregon Bureau of Labor and Industries, 22-204, Reply of petitioners Melissa Elaine, Certificate of Word Count (U.S. Dec. 21, 2022)
Supreme Court of the UnitedStates
Pursuant to Supreme Court Rule 33(h), I hereby certify that the Reply Brief for Petitioners contains 2994 words, excluding parts of the document exempted by Supreme Court Rule 33.1(d).
I declare underpenaltyof perjury that the foregoing is true and correct.
Executed December20, 2022.
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Reply of petitioners Melissa Elaine - Proof of Service

Document Melissa Elaine Klein, et vir, Petitioners v. Oregon Bureau of Labor and Industries, 22-204, Reply of petitioners Melissa Elaine, Proof of Service (U.S. Dec. 21, 2022)
Supreme Court of the Anited States
I HEREBY CERTIFY thatall parties required to be served, have beenserved,on this 21* day of December, 2022, in accordance with U.S. Supreme Court Rule 29.3, three (3) copies ofthe foregoing REPLY BRIEF FOR PETITIONERSbyplacingsaid copies in the U.S. mail, first class postage prepaid, addressed as listed below.
EXP, - 06/14/2026 os a, ayy 4a “s .
0 “, “avy OF cos freuen .
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Reply of petitioners Melissa Elaine - Main Document

Document Melissa Elaine Klein, et vir, Petitioners v. Oregon Bureau of Labor and Industries, 22-204, Reply of petitioners Melissa Elaine, Main Document (U.S. Dec. 21, 2022)
Finally, rather than meaningfully dispute the existence of the circuit splits Petitioners raise on First Amendment issues, BOLI primarily debates the merits of those claims, demonstrating they are important and worthy of this Court’s plenary review.
Despite BOLI’s suggestion that Petitioners acted due to Complainants’ sexual orientation rather than legitimate First Amendment concerns, see BIO20, it is undisputed that Petitioners’ beliefs are deeply held and bona fide, Pet.App.471.
BOLI next argues that “no circuit court has actually applied strict scrutiny under a hybrid-rights theory to overturn a neutral law of general applicability,” so “there is no true conflict.” BIO22.
BOLI contends that Petitioners “blithely assert” there should be no concern about practical consequences if Smith is overruled, BIO29, but Petitioners’ argument on this point was well- supported with citations to Justice Alito’s Fulton concurrence and other authorities, see Pet.29.
The Petition demonstrated that review is also warranted on Petitioners’ free speech claims, which implicate growing splits on whether free speech rights 3 By labeling Petitioners’ religious beliefs a “‘clear and present danger’” to Oregon’s interests, BIO25, BOLI continues the very same hostility toward religion present in earlier aspects of this case, further demonstrating that remanding to the agency was improper and that summary reversal is warranted.
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Waiver of the 14-day waiting period for - Main Document

Document Melissa Elaine Klein, et vir, Petitioners v. Oregon Bureau of Labor and Industries, 22-204, Waiver of the 14-day waiting period for, Main Document (U.S. Dec. 15, 2022)

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Brief of respondent Oregon Bureau of - Proof of Service

Document Melissa Elaine Klein, et vir, Petitioners v. Oregon Bureau of Labor and Industries, 22-204, Brief of respondent Oregon Bureau of, Proof of Service (U.S. Dec. 7, 2022)

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Brief of respondent Oregon Bureau of - Main Document

Document Melissa Elaine Klein, et vir, Petitioners v. Oregon Bureau of Labor and Industries, 22-204, Brief of respondent Oregon Bureau of, Main Document (U.S. Dec. 7, 2022)

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