Talk:Doe v. Holy See

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SCOTUS?[edit]

The article says:

It was brought before the Supreme Court of the United States in 2009 after being approved by the Oregon Supreme Court.

Is this true? None of the sources appear to say that SCOTUS has granted certiorari to hear this case. Gabbe (talk) 15:07, 20 December 2009 (UTC)[reply]

The source document from the National Catholic Register talks about the 6th Circuit Court to the U.S. Supreme Court, which is technically a lower branch of the U.S. Supreme Court. That is quite high up in the American legal system, it is very close to the final court. It would probably get to the Supreme Court if that given lower court were unable to resolve the dispute once and for all. ADM (talk) 18:11, 20 December 2009 (UTC)[reply]
There is a more recent source here from Beliefnet that openly declares that “the case has reached the US Supreme Court”.[1][2] ADM (talk) 18:35, 20 December 2009 (UTC)[reply]

I overhauled the article. Some notes on the courts:

  • I have seen no source at all that says Oregon's state court system was involved in this case. The state court systems are parallel and unrelated to the federal system. The federal court system is divided up by states also, so the names may be confusing. "United States" courts are federal courts. This case appears to have been federal from the beginning: it originated in the United States District Court for the District of Oregon.
  • There was some statement about the case going to the Supreme Court of the United States after "being approved by" the district court. I don't know what that means. U.S. District Courts have original jurisdiction and are two levels below the Supreme Court; they don't have the right to "approve" whether SCOTUS hears a case.
  • This is not a 6th Circuit case; this case came up through Oregon to the 9th Circuit. The previous version of the article seems to have mixed up this 9th Circuit case (06-35563 & 35587) and O'Bryan et al v. Holy See, a similar 6th Circuit case (07-5078 & 5163) from the Western District of Kentucky. (See 6th Circuit 07-5078/5163 opinion.)
  • The United States courts of appeals are not a branch of the Supreme Court; they are created separately under Article Three of the United States Constitution. After a case is heard by the apellate court, a party to the lawsuit can attempt to get the case into the United States Supreme Court, but it's difficult — see the next line.
  • As of January 2010, this is not yet a Supreme Court case: see Certiorari#Federal courts. Though it has a docket entry, SCOTUS only accepts about 1.1% of the cases. "Brought before" the Supreme Court is vague; the Supreme Court hasn't given permission to bring the case before them yet. That's what certiorari is for.

The article still needs information on what the District Court ruled and what the 9th Circuit ruled. --Closeapple (talk) 00:22, 26 January 2010 (UTC)[reply]

CERTIORARI DENIED[edit]

Supreme Court:

News:

Picodoro (talk) 05:41, 29 June 2010 (UTC)[reply]

John V. Doe?[edit]

Why John V. Doe not John Doe? Hugo999 (talk) 02:58, 9 September 2012 (UTC)[reply]

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