JUDGMENT ISSUED.

Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Ginsburg, and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment, in which Alito, J., joined.

Argued. For petitioners: Deepak Gupta, Washington, D. C. For United States, as amicus curiae: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Steven C. Wu, Deputy Solicitor General, New York, N. Y.

Reply of petitioners Expressions Hair Design, et al. filed. (Distributed)

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

Brief amici curiae of International Center for Law & Economics and Scholars of Law and Economics filed. (Distributed)

Brief amici curiae of Action on Smoking and Health, et al. filed. (Distributed)

Brief amici curiae of National Governors Association, et al. filed. (Distributed)

Brief amicus curiae of Credit Union National Association filed. (Distributed)

Brief amici curiae of First Amendment Scholars filed. (Distributed)

Brief amici curiae of Labor, Environmental, and Civil Rights Organizations filed. (Distributed)

Brief amici curiae of Constitutional, Administrative, Contracts, and Health Law Scholars filed. (Distributed)

Brief amicus curiae of New York Credit Union Association filed. (Distributed)

Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed)

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

Brief of respondent Eric T. Schneiderman, Attorney General of New York filed. (Distributed)

CIRCULATED.

Record received from U.S.C.A. 2nd Circuit is electronic.

Record requested from the U.S.C.A. 2nd Circuit.

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

SET FOR ARGUMENT on Tuesday, January 10, 2017.

Brief amici curiae of Retail Litigation Center, et al. filed.

Brief amicus curiae of Professor Adam J. Levitin filed.

Brief amicus curiae of Alan S. Frankel filed.

Brief amici curiae of Scholars of Behavioral Economics filed.

Brief amicus curiae of United States Public Interest Research Group Education Fund, Inc. filed.

Brief amici curiae of Ahold U.S.A., Inc., et al. filed.

Brief amici curiae of First Amendment Scholars and the First Amendment Lawyers Association filed.

Brief amicus curiae of CardX, LLC filed.

Brief amici curiae of Consumer Action, et al. filed.

Brief amici curiae of Cato Institute and Pacific Legal Foundation filed.

Brief amici curiae of The James Madison Institute, et al. filed.

Brief amicus curiae of United States, in support of neither party filed.

Brief amicus curiae of Institute for Justice filed.

Joint appendix filed. (Statement of costs filed.)

Brief of petitioners Expressions Hair Design, et al. filed.

Petition GRANTED.

DISTRIBUTED for Conference of September 26, 2016.

Letter from counsel for respondents Cyrus Vance, District Attorney of New York County, and Ken P. Thompson, District Attorney of Kings County filed.

Brief of respondent Eric T. Schneiderman, Attorney General of New York in opposition filed.

Brief amici curiae of Scholars of Behavioral Economics filed.

Brief amici curiae of First Amendment Scholars filed.

Brief amicus curiae of Cato Institute filed.

Brief amici curiae of Consumer Action, et al. filed.

Brief amici curiae of Albertsons LLC, et al. filed.

Brief amicus curiae of Marion B. Brechner First Amendment Project filed.

Order extending time to file response to petition to and including August 1, 2016, for all respondents.

Petition for a writ of certiorari filed. (Response due June 15, 2016)

Application (15A1020) granted by Justice Ginsburg extending the time to file until May 12, 2016.

Application (15A1020) to extend the time to file a petition for a writ of certiorari from April 12, 2016 to May 12, 2016, submitted to Justice Ginsburg.

Expressions Hair Design, et al., Petitioner, represented by Deepak Gupta

Cyrus Vance, District Attorney of New York County and Ken P. Thompson,District Attorney of Kings county, Respondent, represented by Kathy Chang Park

Cyrus Vance, District Attorney of New York County and Ken P. Thompson, District Attorney of Kings County, Respondent, represented by Ronald E. Sternberg

Cy Vance and Charles Hynes, Respondent, represented by Richard Dearing

Eric T. Schneiderman, Attorney General of New York, Respondent, represented by Barbara D. Underwood

Eric T. Schneiderman, Attorney General of New York, et al., Respondent, represented by Steven C. Wu

Action on Smoking and Health, et al., Amicus Curiae, represented by Thomas Bennigson

Alan S. Frankel, Amicus Curiae, represented by K. Craig Wildfang

Albertsons LLC, et al., Amicus Curiae, represented by Paul D. Clement

CardX, LLC, Amicus Curiae, represented by James R. Leickly

Cato Institute, Amicus Curiae, represented by Ilya Shapiro

Constitutional, Administrative, Contracts and Health Law Scholars, Amicus Curiae, represented by David A. Schulz

Consumer Action, et al., Amicus Curiae, represented by Sharon K. Robertson

First Amendment Scholars, Amicus Curiae, represented by Brianne Jenna Gorod

First Amendment Scholars and the First Amendment Lawyers Association, Amicus Curiae, represented by Mahesha P. Subbaraman

Florida, et al., Amicus Curiae, represented by Denise Harle

Institute for Justice, Amicus Curiae, represented by Paul M. Sherman

International Center for Law & Economics and Scholars of Law and Economics, Amicus Curiae, represented by Robert M. Loeb

Labor, Environmental, and Civil Rights Organizations, Amicus Curiae, represented by Stacey M. Leyton

Marion B. Brechner First Amendment Project, Amicus Curiae, represented by Clay Calvert

National Governors Association, et al., Amicus Curiae, represented by Charles A. Rothfeld

New York Credit Union Association, Amicus Curiae, represented by Henry Charles Meier

Professor Adam J. Levitin, Amicus Curiae, represented by Joseph Carl Cecere

Public Citizen, Inc., et al., Amicus Curiae, represented by Scott L. Nelson

Retail Litigation Center, et al., Amicus Curiae, represented by Eric F. Citron

Scholars of Behavioral Economics, Amicus Curiae, represented by Adam Wolff Hofmann

The Credit Union National Association, Amicus Curiae, represented by Jonathan F. Cohn

The James Madison Institute, et al., Amicus Curiae, represented by Jesse Michael Panuccio

United States, Amicus Curiae, represented by Eric J. Feigin

United States, in support of neither party, Amicus Curiae, represented by Jeffrey B. Wall

United States Public Interest Research Group Education Fund, Inc., Amicus Curiae, represented by Gregory A. Beck