McCutchan v. Nicholson
| Eric McCutchan and Center for Inquiry, Incorporated |
| Phil Sorrells, in his capacity as District Attorney of Tarrant County, Texas and Mary Louise Nicholson, in her capacity as Clerk of Tarrant County, Texas |
| Office of the Attorney General of Texas |
| American Humanist Association, Interfaith Alliance Foundation and Becket Fund for Religious Liberty |
| 25-10890 |
| August 1, 2025 |
| U.S. Court of Appeals, Fifth Circuit |
| Constitutionality of State Statutes |
Opinions
We have the following opinions for this case:
| Description |
|---|
| McCutchan v. Nicholson |
| McCutchan v. Nicholson |
Docket Report
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This docket was last retrieved on January 27, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 80 COURT ORDER: IT IS ORDERED that the motion of amicus curiae The Becket Fund for Religious Liberty for leave to participate in oral argument is GRANTED. IT IS FURTHER ORDERED that Appellants' oral argument time is extended by 5 minutes, and that these 5 minutes are allotted to oral argument by The Becket Fund for Religious Liberty. Appellees' oral argument time is also extended by 5 minutes. [ # 75 ] [25-10890] (CAS) [Entered: 01/27/2026 03:33 PM] |
| Filing 75 MOTION filed by Amicus Curiae Becket Fund for Religious Liberty to participate in oral argument [75]. Date of service: 01/26/2026 via email - Attorney for Amici Curiae: Angell, Baxter, Miller, Salz; Attorney for Appellees: Arroyo, Lund, Ortner, Owens; Attorney for Appellants: Barnard, Gafford [25-10890] (Amanda Leigh Salz ) [Entered: 01/26/2026 05:28 PM] |
| Filing 73 CASE CALENDARED for oral argument on Tuesday, 03/03/2026 at Univ of Houston Law School-- AM session. The courtroom deputy assigned to your case is Shirley M. Engelhardt. See the letter attached for full contact information.. [25-10890] (SME) [Entered: 01/26/2026 11:26 AM] |
| Filing 72 Paper copies of Amicus Brief filed by Amici Curiae Interfaith Alliance Foundation and American Humanist Association in 25-10890 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [25-10890] (SME) [Entered: 01/15/2026 02:10 PM] |
| Filing 71 Paper copies of Amicus Brief received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [25-10890] (SME) [Entered: 01/15/2026 02:09 PM] |
| Filing 70 Paper copies of Appellee Brief filed by Appellees Office of the Attorney General of Texas, Mr. Phil Sorrells and Ms. Mary Louise Nicholson in 25-10890 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [25-10890] (SME) [Entered: 01/15/2026 02:07 PM] |
| Filing 69 Paper copies of Appellant Reply Brief filed by Appellants Center for Inquiry, Incorporated and Mr. Eric McCutchan in 25-10890 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [25-10890] (SME) [Entered: 01/15/2026 02:05 PM] |
| Filing 68 Paper copies of Record Excerpts filed by Appellants Center for Inquiry, Incorporated and Mr. Eric McCutchan in 25-10890 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [25-10890] (SME) [Entered: 01/15/2026 02:04 PM] |
| Filing 67 Paper copies of Appellant Brief filed by Appellants Center for Inquiry, Incorporated and Mr. Eric McCutchan in 25-10890 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [25-10890] (SME) [Entered: 01/15/2026 02:03 PM] |
| Filing 65 CASE TENTATIVELY calendared for oral argument for the week of 03/02/2026. [25-10890] (CBW) [Entered: 01/07/2026 02:33 PM] |
| Filing 63 PAPER COPIES REQUESTED for the Appellant Brief filed by Appellants Center for Inquiry, Incorporated and Mr. Eric McCutchan in 25-10890 [ # 29 ], Record Excerpts filed by Appellants Center for Inquiry, Incorporated and Mr. Eric McCutchan in 25-10890 [ # 30 ], Amicus Brief [ # 34 ], Amicus Brief filed by Amici Curiae Interfaith Alliance Foundation and American Humanist Association in 25-10890 [ # 45 ], Appellee Brief filed by Appellees Office of the Attorney General of Texas, Mr. Phil Sorrells and Ms. Mary Louise Nicholson in 25-10890 [ # 52 ], Appellant Reply Brief filed by Appellants Center for Inquiry, Incorporated and Mr. Eric McCutchan in 25-10890 [ # 53 ]. Paper Copies of Brief due on 12/17/2025 for Amici Curiae American Humanist Association, Becket Fund for Religious Liberty and Interfaith Alliance Foundation, Appellants Center for Inquiry, Incorporated and Eric McCutchan and Appellees Mary Louise Nicholson, Office of the Attorney General of Texas and Phil Sorrells.. Paper Copies of Record Excerpts due on 12/17/2025 for Appellants Center for Inquiry, Incorporated and Eric McCutchan. [25-10890] (OGA) [Entered: 12/12/2025 03:09 PM] |
| Filing 60 SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED [25-10890] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellee Office of the Attorney General of Texas Date of Service: 12/12/2025 via email - Attorney for Amici Curiae: Angell, Baxter, Miller, Salz; Attorney for Appellees: Arroyo, Lund, Ortner, Owens; Attorney for Appellants: Barnard, Gafford [25-10890] (Daniel Ortner ) [Entered: 12/12/2025 11:48 AM] |
| Filing 55 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the supplemental record excerpts received from Appellants Center for Inquiry, Incorporated and Mr. Eric McCutchan because supplemental record excertps are not allowed. [25-10890] (RSM) [Entered: 12/09/2025 10:41 AM] |
| Filing 53 APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied [25-10890] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Center for Inquiry, Incorporated and Mr. Eric McCutchan. Date of service: 12/03/2025 via email - Attorney for Amici Curiae: Angell, Baxter, Miller, Salz; Attorney for Appellees: Arroyo, Lund, Ortner, Owens; Attorney for Appellants: Barnard, Gafford [25-10890] (M. Scott Barnard ) [Entered: 12/03/2025 08:05 PM] |
| Filing 52 APPELLEE'S BRIEF FILED by Office of the Attorney General of Texas, Ms. Mary Louise Nicholson, and Mr. Phil Sorrells. # of Copies Provided: 0 E/Res's Brief deadline satisfied. Reply Brief due on 12/03/2025 for Appellants Center for Inquiry, Incorporated and Eric McCutchan [25-10890] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Office of the Attorney General of Texas. Date of service: 11/12/2025 via email - Attorney for Amici Curiae: Angell, Baxter, Miller, Salz; Attorney for Appellees: Arroyo, Lund, Ortner, Owens; Attorney for Appellants: Barnard, Gafford [25-10890] (Daniel Ortner ) [Entered: 11/12/2025 05:48 PM] |
| Filing 51 CLERK ORDER granting Motion to extend time to file appellee's brief filed by Appellees Office of the Attorney General of Texas, Mr. Phil Sorrells and Ms. Mary Louise Nicholson [ # 50 ] Appellee's Brief due on 11/12/2025 for Appellees Mary Louise Nicholson, Office of the Attorney General of Texas and Phil Sorrells [25-10890] (RLJ) [Entered: 10/15/2025 09:57 AM] |
| Filing 50 UNOPPOSED JOINT STIPULATION filed by Appellees Ms. Mary Louise Nicholson and Mr. Phil Sorrells to extend time to file brief of appellee until 11/12/2025 [50] Date of Service: 10/13/2025. [25-10890] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellee Office of the Attorney General of Texas for filing Appellees' Consolidated Brief until 11/12/2025 [25-10890] (Daniel Ortner ) [Entered: 10/13/2025 12:08 PM] |
| Filing 48 APPEARANCE FORM FILED by Attorney Courtney Miller for Amicus Curiae Interfaith Alliance Foundation in 25-10890, Attorney Courtney Miller for Amicus Curiae American Humanist Association in 25-10890, by Attorney(s) Caleb Henley Angell, Eric S. Baxter for party(s) Amicus Curiae Becket Fund for Religious Liberty, in case 25-10890 [25-10890] (ABT) [Entered: 10/13/2025 11:06 AM] |
| Filing 46 APPEARANCE FORM FILED by Attorney Amanda Leigh Salz for Amicus Curiae Becket Fund for Religious Liberty in 25-10890 [25-10890] (RSM) [Entered: 10/13/2025 10:25 AM] |
| Filing 45 AMICUS CURIAE BRIEF FILED by American Humanist Association and Interfaith Alliance Foundation. The Consent is Included in the Brief. [25-10890] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Becket Fund for Religious Liberty. The Consent is Included in the Brief. # of Copies Provided: 0 [25-10890] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by American Humanist Association and Interfaith Alliance Foundation. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [25-10890] (JJF) [Entered: 10/09/2025 02:02 PM] |
| Filing 44 COURT ORDER granting Motion to file amicus brief filed by Interfaith Alliance Foundation and American Humanist Association [ # 31 ] filed by American Humanist Association and Interfaith Alliance Foundation in 25-10890 [25-10890] (JJF) [Entered: 10/09/2025 01:38 PM] |
| Filing 43 APPEARANCE FORM received from Ms. Courtney Miller for American Humanist Association and Interfaith Alliance Foundation for the court's review. Lead Counsel? Yes. [25-10890] (Courtney Miller ) [Entered: 10/08/2025 02:35 PM] |
| Filing 42 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-10890] (Eric S. Baxter ) [Entered: 10/08/2025 01:32 PM] |
| Filing 34 AMICUS CURIAE BRIEF FILED by The Becket Fund for Religious Liberty. Date of service: 10/06/2025 via email - Attorney for Appellees: Arroyo, Lund, Ortner, Owens; Attorney for Appellants: Barnard, Gafford [25-10890] (Amanda Leigh Salz ) [Entered: 10/06/2025 08:45 PM] |
| Filing 33 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-10890] (Caleb Henley Angell ) [Entered: 10/06/2025 07:43 PM] |
| Filing 32 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-10890] (Amanda Leigh Salz ) [Entered: 10/06/2025 07:04 PM] |
| Filing 31 OPPOSED MOTION by American Humanist Association and Interfaith Alliance Foundation to file amicus brief [31] Date of Service: 10/06/2025 [25-10890] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION by American Humanist Association; Interfaith Alliance Foundation to file amicus brief [31] Date of service: 10/06/2025 via email - Attorney for Appellees: Arroyo, Lund, Ortner, Owens; Attorney for Appellants: Barnard, Gafford [25-10890] (Courtney Miller ) [Entered: 10/06/2025 06:14 PM] |
| Filing 30 RECORD EXCERPTS FILED. # of Copies Provided: 0 [25-10890] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Mr. Eric McCutchan and Center for Inquiry, Incorporated. Date of service: 09/29/2025 via email - Attorney for Appellees: Arroyo, Lund, Ortner, Owens; Attorney for Appellants: Barnard, Gafford [25-10890] (M. Scott Barnard ) [Entered: 09/29/2025 04:46 PM] |
| Filing 29 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 10/29/2025 for Appellees Mary Louise Nicholson, Office of the Attorney General of Texas and Phil Sorrells [25-10890] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Eric McCutchan and Center for Inquiry, Incorporated. Date of service: 09/29/2025 via email - Attorney for Appellees: Arroyo, Lund, Ortner, Owens; Attorney for Appellants: Barnard, Gafford [25-10890] (M. Scott Barnard ) [Entered: 09/29/2025 04:35 PM] |
| Filing 27 APPEARANCE FORM FILED by Attorney(s) Daniel Ortner for party(s) Appellee Office of the Attorney General of Texas, in case 25-10890. [25-10890] (SEP) [Entered: 09/19/2025 12:49 PM] |
| Filing 26 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-10890] (Daniel Ortner ) [Entered: 09/16/2025 08:55 AM] |
| Filing 24 APPEARANCE FORM FILED by Attorney(s) Martin Arroyo Jr. as lead counsel for party(s) Appellee Office of the Attorney General of Texas, in case 25-10890 [25-10890] (RLJ) [Entered: 09/05/2025 08:34 AM] |
| Filing 23 CASE CAPTION updated. Appellee Office of the Attorney General (Texas) added to case. Reason: Omitted at case opening. [25-10890] (EMF) [Entered: 09/04/2025 09:50 AM] |
| Filing 21 APPEARANCE FORM FILED by Attorney(s) Katherine E. Owens for party(s) Appellee Phil Sorrells Appellee Mary Louise Nicholson, in case 25-10890 [25-10890] (RLJ) [Entered: 08/26/2025 09:50 AM] |
| Filing 19 APPEARANCE FORM FILED by Attorney Stephen Andrew Lund for Appellee Phil Sorrells in 25-10890, Attorney Stephen Andrew Lund for Appellee Mary Louise Nicholson in 25-10890 [25-10890] (RLJ) [Entered: 08/26/2025 09:49 AM] |
| Filing 18 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-10890] (Katherine E. Owens ) [Entered: 08/22/2025 01:18 PM] |
| Filing 17 APPEARANCE FORM received from Mr. Stephen Andrew Lund for Ms. Mary Louise Nicholson and Mr. Phil Sorrells for the court's review. Lead Counsel? Yes. [25-10890] (Stephen Andrew Lund ) [Entered: 08/22/2025 01:12 PM] |
| Filing 16 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-10890] (Martin Arroyo Jr.) [Entered: 08/22/2025 11:44 AM] |
| Filing 15 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 09/29/2025 for Appellants Center for Inquiry, Incorporated and Eric McCutchan. [25-10890] (DDL) [Entered: 08/19/2025 02:38 PM] |
| Filing 13 ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [25-10890] (DDL) [Entered: 08/18/2025 01:23 PM] |
| Filing 11 APPEARANCE FORM FILED by Attorney(s) Madison Gafford for party(s) Appellant Center for Inquiry, Incorporated Appellant Eric McCutchan, in case 25-10890 [25-10890] (RSM) [Entered: 08/15/2025 03:10 PM] |
| Filing 9 APPEARANCE FORM FILED by Attorney M. Scott Barnard for Appellant Center for Inquiry, Incorporated in 25-10890, Attorney M. Scott Barnard for Appellant Eric McCutchan in 25-10890 [25-10890] (RSM) [Entered: 08/15/2025 03:05 PM] |
| Filing 8 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-10890] (Madison Gafford ) [Entered: 08/15/2025 11:12 AM] |
| Filing 7 APPEARANCE FORM received from M. Scott Barnard for Center for Inquiry, Incorporated and Mr. Eric McCutchan for the court's review. Lead Counsel? Yes. [25-10890] (M. Scott Barnard ) [Entered: 08/15/2025 11:05 AM] |
| Filing 6 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:24-CV-1039. Electronic ROA due on 08/25/2025. [25-10890] (EMF) [Entered: 08/08/2025 10:42 AM] |
| Filing 5 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied. [25-10890] (EMF) [Entered: 08/08/2025 10:38 AM] |
| Filing 1 PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants Center for Inquiry, Incorporated and Mr. Eric McCutchan [25-10890] (EMF) [Entered: 08/01/2025 03:56 PM] |
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