Decided

No. 10-239

John McComish, et al. v. Ken Bennett, in His Official Capacity as Arizona Secretary of State, et al.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. (orders list)

Argued. For petitioners: William R. Maurer, Seattle, Wash. For respondents: Bradley S. Phillips, Los Angeles, Cal.; and William M. Jay, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curi...

Motion of the Acting Solicitor General for leave to participate in oral argument as amici curiae and for divided argument GRANTED. (orders list)

Motion for divided argument filed by petitioners DENIED. (orders list)

Reply of petitioners Arizona Free Enterprise Club's Freedom Club PAC, et al. filed. VIDED. (Distributed)

Reply of petitioners John McComish, et al. filed. VIDED. (Distributed)

Brief amici curiae of Maine Citizens for Clean Elections, et al. filed. VIDED. (Distributed)

Brief amici curiae of Campaign Legal Center, et al. filed. VIDED. (Distributed)

Brief amici curiae of Costas Panagopoulos, et al. filed. VIDED. (Distributed)

Brief amici curiae of Iowa, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Service Employees International Union filed. VIDED. (Distributed)

Brief amici curiae of Professors of Constitutional and Election Law filed. VIDED. (Distributed)

Brief amici curiae of Self-Financing Candidates Congressman Bill Foster (Ret.), et al. filed. VIDED. (Distributed)

Brief amici curiae of Anthony Corrado, et al. filed. VIDED. (Distributed)

Brief amici curiae of Former Elected Officials filed. VIDED. (Distributed)

Brief amicus curiae of Committee for Economic Development filed. VIDED. (Distributed)

Brief amicus curiae of the United States filed. VIDED. (Distributed)

Brief amici curiae of New York City, et al. filed. VIDED. (Distributed)

Brief amici curiae of Municipal Amici New York City, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Union for Reform Judaism filed. VIDED. (Distributed)

Brief amici curiae of Constitutional Scholars filed. VIDED. (Distributed)

Brief amicus curiae of Center for Governmental Studies filed. VIDED. (Distributed)

Brief amici curiae of Former Officials of the American Civil Liberties Union filed. VIDED. (Distributed)

Brief of respondents Ken Bennett, et al. filed. VIDED. (Distributed)

Brief of respondent Clean Elections Institute, Inc. filed. VIDED. (Distributed)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.

Record from U.S.D.C. for the District of Arizona is electronic.

Record received from U.S.C.A. for 9th Circuit. (1 box)

CIRCULATED.

Brief amici curiae of Four Former Chairmen and One Former Commissioner of the Federal Election Commission filed. VIDED.

Brief amicus curiae of Mitch McConnell filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Wyoming Liberty Group filed.

Brief amicus curiae of Yankee Institute for Public Policy filed. VIDED.

Brief amicus curiae of Justice and Freedom Fund filed. VIDED.

Brief amicus curiae of Center for Competitive Politics filed. VIDED.

Joint motion for divided argument filed by petitioners. VIDED.

Brief of respondents Arizona Free Enterprise Club filed. VIDED.

Brief of petitioners Arizona Free Enterprise Club's Freedom Club PAC, et al. filed. VIDED.

Joint appendix filed (4 volumes). Statement of costs filed. VIDED.

Brief of petitioners John McComish, et al. filed. VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Ken Bennett, et al. VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Clean Elections Institute, Inc. VIDED.

Consent to the fiing of amicus curiae briefs, in support of either party or of neither party, received from counsel for peitioners John McComish, Nancy McLain and Topny Bouie. VIDED.

SET FOR ARGUMENT ON Monday, March 28, 2011.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners Arizona Free Enterprise Club's Freedom Club. VIDED.

Petition GRANTED. The petition for certiorari in No. 10-238 is GRANTED. The cases are consolidated and a total of one hour is allotted for oral argument. (orders list)

DISTRIBUTED for Conference of November 23, 2010.

Reply of petitioners John McComish, et al. filed. (Distributed)

Brief of respondents Ken Bennett, in his official capacity as Secretary of State of the State of Arizona, et al. in opposition filed. VIDED.

Brief of respondent Clean Elections Institute, Inc. in opposition filed. VIDED.

Brief amicus curiae of Yankee Institute for Public Policy filed.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Center for Competitive Politics filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Brief amicus curiae of Cato Institute filed. VIDED.

Waiver of right of respondents Arizona Free Enterprise Club's Freedom Club PAC, et al. to respond filed.

Order extending time to file response to petition to and including October 20, 2010.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for Ken Bennett, et al. (State Respondents). VIDED.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for petitioners John McCormish, Nancy McLain, and Tony Bouie. VIDED.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for Freedom Club PAC petitioners. VIDED.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondent Clean Elections Institute, Inc. VIDED.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from cousnel for Freedom Club PAC petitioners. VIDED.

Petition for a writ of certiorari filed. (Response due September 20, 2010)

Application (09A1163) granted by the Court. The application to vacate the stay of the District Court's injunction and to stay the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 10-15165 presented to Justice Kennedy a...

Application (09A1163) referred to the Court.

Application (09A1163) granted by the Court. The application to vacate the stay of the District Court's injunction and to stay the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 10-15165 presented to Justice Kennedy and b

Response to application from respondent Ken Bennett, in his official capacity as Secretary of State of the State of Arizona, et al. filed.

Response to application from respondent Clean Elections Institute, Inc. filed.

Reply of applicant John McComish, et al. filed.

Response to application (09A1163) requested by Justice Kennedy, due Monday, June 7, 2010, by noon EDT.

Application (09A1163) to vacate stay entered by the United States Court of Appeals for the Ninth Circuit, and for stay of mandate, submitted to Justice Kennedy.

Application (09A1133) denied by the Court. The application to vacate the stay presented to Justice Kennedy and by him referred to the Court is denied without prejudice to a renewed application if the parties represent that they intend to file a timel...

Application (09A1133) denied by the Court. The application to vacate the stay presented to Justice Kennedy and by him referred to the Court is denied without prejudice to a renewed application if the parties represent that they intend to file a timely pe

Application (09A1133) referred to the Court.

Reply of applicant John McComish, et al. filed.

Motion for leave to file amicus brief filed by Buzz Mills for Governor Campaign.

Response to application from respondent Ken Bennett, in his official capacity as Secretary of State of the State of Arizona, et al. filed.

Response to application from respondent Clean Elections Institute, Inc. filed.

Response in support of application (09A1133) from Arizona Free Enterprise Club's Freedom Club PAC, and Arizona Taxpayers Action Committee filed.

Letter of counsel for the applicants dated May 25, 2010, received.

Response to application (09A1133) requested by Justice Kennedy, due Thursday, May 27, 2010, by noon EDT.

Application (09A1133) to vacate stay entered by the United States Court of Appeals for the Ninth Circuit, and for stay of mandate, submitted to Justice Kennedy.

Application (09A736) denied by the Court. The application to vacate the stay presented to Justice Kennedy and by him referred to the Court is denied. Denial is without prejudice to a renewed application on June 1, 2010, or when the Court of Appeals ...

Application (09A736) denied by the Court. The application to vacate the stay presented to Justice Kennedy and by him referred to the Court is denied. Denial is without prejudice to a renewed application on June 1, 2010, or when the Court of Appeals has

Application (09A736) referred to the Court.

Reply of applicant John McComish, et al. filed.

Response to application from respondent Ken Bennett, in his official capacity as Secretary of State of the State of Arizona, et al. filed.

Response to application from respondent Clean Elections Institute, Inc. filed.

Supplemental brief of applicant John McComish, et al. filed.

Response requested by Justice Kennedy (Response due by noon, February 10, 2010)

Application (09A736) to vacate stay entered by the United States Court of Appeals for the Ninth Circuit, submitted to Justice Kennedy.

Parties

Arizona Free Enterprise Club's Freedom Club PAC, et al., Petitioner, represented by Timothy D. Keller

Arizona Free Enterprise Club's Freedom Club PAC, et al., Petitioner, represented by William R. Maurer

John McComish, et al., Petitioner, represented by Nicholas C. Dranias

Clean Elections Institute, Inc., Respondent, represented by Bradley S. Phillips

Ken Bennett, et al., Respondent, represented by James E. Barton

Ken Bennett, in His Official Capacity as Arizona Secretary of State, et al., Respondent, represented by Timothy D. Keller

Ken Bennett, in his official capacity as Secretary of State of the State of Arizona, et al., Respondent, represented by Mary R. O'Grady

Amici Curiae

Anthony Corrado, et al., Amicus Curiae, represented by Ira M. Feinberg

Campaign Legal Center, et al., Amicus Curiae, represented by J. Gerald Hebert

Cato Institute , Amicus Curiae, represented by Jonathan F. Cohn

Cato Institute, Amicus Curiae, represented by Jonathan F. Cohn

Center for Competitive Politics, Amicus Curiae, represented by Allison R. Hayward

Center for Governmental Studies, Amicus Curiae, represented by Fredric Dean Woocher

Committee for Economic Development, Amicus Curiae, represented by Paul M. Smith

Constitutional Scholars, Amicus Curiae, represented by Elizabeth B. Wydra

Costas Panagopoulos, et al., Amicus Curiae, represented by Alexis S. Coll-Very

Former Elected Officials, Amicus Curiae, represented by Charles Fried

Former Officials of the American Civil Liberties Union, Amicus Curiae, represented by Norman Dorsen

Four Former Chairmen and One Former Commissioner of the Federal Election Commission, Amicus Curiae, represented by James Bopp Jr.

Iowa, et al., Amicus Curiae, represented by Mark E. Schantz

John McComish, et al. v. Ken Bennett, in His Official Capacity as Arizona Secretary of State, et al., Amicus Curiae, represented by William McGinley Jay

Justice and Freedom Fund, Amicus Curiae, represented by James L. Hirsen

Maine Citizens for Clean Elections, et al., Amicus Curiae, represented by Brenda Wright

Mitch McConnell, Amicus Curiae, represented by Bobby R. Burchfield

New York City, et al., Amicus Curiae, represented by Leonard J. Koerner

Professors of Constitutional and Election Law, Amicus Curiae, represented by Daniel F Kolb

Self-Financing Candidates Congressman Bill Foster (Ret.), et al., Amicus Curiae, represented by Thomas Bennigson

Service Employees International Union, Amicus Curiae, represented by Mark David Schneider

the United States, Amicus Curiae, represented by Neal Kumar Katyal

the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

Union for Reform Judaism, Amicus Curiae, represented by Andrew J. Goodman

Wyoming Liberty Group, Amicus Curiae, represented by Benjamin T. Barr

Yankee Institute for Public Policy, Amicus Curiae, represented by Peter J. Martin

 
Last updated: September 18, 2011