ARCHDIOCESE OF WASH. v. WASHINGTON METRO. AREA

No. 17-7171.

897 F.3d 314 (2018)

ARCHDIOCESE OF WASHINGTON, Donald Cardinal Wuerl, a Roman Catholic Archbishop of Washington, a Corporation Sole, Appellant v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY and Paul J. Wiedefeld, in His Official Capacity as General Manager of the Washington Metropolitan Area Transit Authority, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 2018.


Attorney(s) appearing for the Case

Paul D. Clement argued the cause for appellant. With him on the briefs were Michael F. Williams and Kasdin M. Mitchell.

John M. Gore , Acting Assistant Attorney General, U.S. Department of Justice, Matthew J. Glover , Counsel to the Assistant Attorney General, Matthew M. Collette and Nicholas Y. Riley , Attorneys, were on the brief for amicus curiae United States in support of appellant.

Shannen W. Coffin was on the brief for amici curiae Ethics and Public Policy Center and First Liberty Institute in support of appellant.

Jeffrey M. Johnson and Lisa M. Kaas were on the brief for amicus curiae The Franciscan Monastery USA, Inc. in support of appellant.

Ryan A. Shores was on the brief for amici curiae Becket Fund for Religious Liberty, et al. in support of appellant.

Donald B. Verrilli Jr. argued the cause for appellees. With him on the brief were Chad I. Golder , Jonathan Meltzer , Patricia Y. Lee , and Rex S. Heinke.   Anthony T. Pierce entered an appearance.

Concurring opinion filed by Circuit Judge Wilkins.


The Washington Metropolitan Transit Authority ("WMATA") was established by compact between the State of Maryland, the Commonwealth of Virginia, and the District of Columbia to provide safe and reliable transportation services. See Pub. L. No. 89-774, 80 Stat. 1324 (1966). Like other transit authorities, it sells commercial...

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