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Supreme Court keeps praying coach on the sidelines. I’m one of his attorneys and here’s what’s next

January 29, 2019

By: Jeremy Dys, Deputy General Counsel for First Liberty Institute

In what is perhaps the most perplexing intrusion upon the religious liberty of a football coach in modern memory, the Bremerton School District in Washington state fired Coach Joe Kennedy for taking a knee after the game in 15 seconds worth of silent prayer.

In a rare move Tuesday, four justices issued a statement explaining why the court declined, for now, to hear Joe’s case.

Justice Samuel Alito, writing for Justices Thomas, Gorsuch and Kavanaugh, first explained that there wasn’t enough information for them to make a decision. In other words, the justices noted that the district court had not answered key factual questions making it “difficult if not impossible at this stage to decide the free speech question” at issue in the appeal.

Fair enough. As Coach Kennedy’s attorneys, we are only too eager to return to the district court and answer those questions.

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