Archdiocese of Washington v. Washington Metropolitan Transit Authority

The petition for a writ of certiorari is denied. JUSTICE KAVANAUGH took no part in the consideration or decision of this petition. Statement of JUSTICE GORSUCH, with whom JUSTICE THOMAS joins, respecting the denial of certiorari. Because the full Court is unable to hear this case, it makes a poor candidate for our review. But for that complication, however, our intervention and a reversal would be warranted for reasons admirably explained by Judge Griffith in his dissent below and by Judge Hardiman in an opinion for the Third Circuit. See 910 F. 3d 1248, 1250– 1254 (CADC 2018) (Griffith, J., dissenting from denial of rehearing en banc); Northeastern Pa. Freethought Society v. Lackawanna Transit System, 938 F. 3d 424, 435–437 (CA3 2019) (noting disagreement with D. C. Circuit).Archdiocese of Washington v. Washington Metropolitan Transit Authority