Supreme Court of the United States
Yeshiva University v. Yu Pride Alliance
September 15, 2022
Summary
The Court's unsigned order denied Yeshiva University's application for a stay without prejudice because avenues for expedited review or interim relief remained available in the New York courts. Applicants could return to the Supreme Court if they properly sought and received neither form of relief. The Court also vacated Justice Sotomayor's earlier interim order; it did not decide the underlying First Amendment claims. Justice Alito, joined by Justices Thomas, Gorsuch, and Barrett, dissented. He would have granted a stay because Yeshiva was likely to prevail on its free-exercise claim, faced irreparable First Amendment injury, and satisfied the remaining stay requirements. He disputed the adequacy of the remaining state-court procedures and maintained that the Court could grant immediate relief.
Holding
- Availability of immediate Supreme Court relief while further state-court avenues remained open.. The stay application was denied without prejudice to renewal if applicants properly sought and received neither expedited review nor interim relief from the New York courts.
Docket 22A184
Cited authorities
- N.Y. Ben. Ord. Law §2