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

Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (Pro hac vice; for United States, as amicus curiae.)

Reply of petitioner Digital Realty Trust, Inc. filed. (Distributed)

Motion to argue pro hac vice filed by the Solicitor General GRANTED.

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

Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.

Record requested from the U.S.C.A. 9th Circuit.

Brief amicus curiae of United States filed. (Distributed)

Brief amici curiae of National Whistleblower Center, et al. filed. (Distributed)

Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Distributed)

Brief amicus curiae of Ethical Systems, Inc. filed. (Distributed)

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

Brief amicus curiae of Senator Charles Grassley filed. (Distributed)

CIRCULATED

Motion to argue pro hac vice filed by the Solicitor General.

Brief of respondent Paul Somers filed.

Brief amicus curiae of The Center for Workplace Compliance filed.

Brief amici curiae of Lime Energy Services Company and Prestige Cruises International filed.

Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Brief amicus curiae of Cato Institute filed.

Brief amici curiae of New England Legal Foundation, et al. filed.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

Brief of petitioner Digital Realty Trust, Inc. filed.

Motion to dispense with printing the joint appendix filed by petitioner Digital Realty Trust, Inc.

The time to file respondent's brief on the merits is extended to and including October 10, 2017.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 24, 2017.

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

Petition GRANTED.

DISTRIBUTED for Conference of June 22, 2017.

Reply of petitioner Digital Realty Trust, Inc. filed. (Distributed)

Brief of respondent Paul Somers in opposition filed. (Distributed)

DISTRIBUTED for Conference of June 15, 2017.

Letter of May 26, 2017, from counsel for petitioner waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 received.

Brief amicus curiae of Lime Energy Services Company filed. (Distributed)

Brief amicus curiae of DRI-The Voice of the Defense Bar filed. (Distributed)

Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)

Brief amici curiae of New England Legal Foundation, et al. filed. (Distributed)

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

Order extending time to file response to petition to and including May 30, 2017.

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

Petition for a writ of certiorari filed. (Response due May 25, 2017)

Digital Realty Trust, Inc., Petitioner, represented by Kannon K. Shanmugam

Cato Institute, Amicus Curiae, represented by Ilya Shapiro

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Steven J. Pearlman

DRI-The Voice of the Defense Bar, Amicus Curiae, represented by Matthew T. Nelson

Ethical Systems, Inc., Amicus Curiae, represented by Jason Paul Steed

Lime Energy Services Company and Prestige Cruises International, Amicus Curiae, represented by Collin O'Connor Udell

National Whistleblower Center, et al., Amicus Curiae, represented by Stephen M. Kohn

New England Legal Foundation, et al., Amicus Curiae, represented by Benjamin G. Robbins

Senator Charles Grassley, Amicus Curiae, represented by Tejinder Singh

Taxpayers Against Fraud Education Fund, Amicus Curiae, represented by Claire Marie Sylvia

The Center for Workplace Compliance, Amicus Curiae, represented by Jaime Lynne Novikoff