Argued January 10, 2025 Decided April 25, 2025

No. 23-7173

DAVID O'CONNELL, APPELLEE

v.

UNITED STATES CONFERENCE OF CATHOLIC BISHOPS, APPELLANT

Appeal from the United States District Court for the District of Columbia (No. 1:20-cv-01365)

Daniel H. Blomberg argued the cause for appellant. With him on the briefs were Kevin T. Baine, Emmet T. Flood, Laura Wolk Slavis, Colten L. Stanberry, Kelly R. Oeltjenbruns, and Kelsey Baer Flores. Mark S. Storslee entered an appearance.

Daniel F. Mummolo, Christopher G. Michel, and Rachel G. Frank were on the brief for amicus curiae Federal Courts Professor Derek T. Muller in support of appellant.

Aaron M. Streett and Matthew M. Hilderbrand were on the brief for amicus curiae Dr. Lael Weinberger in support of appellant. 2

Michael J. Showalter, Victoria N. Lynch-Draper, and Joel S. Nolette were on the brief for amici curiae Seven Religious Organizations in support of appellant.

Thomas G. Hungar, Russell B. Balikian, and C