JUDGMENT ISSUED.

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

Argued. For petitioner: Evan A. Young, Austin, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondent: Robert M. Loeb, Washington, D. C.

Reply of petitioner Food Marketing Institute filed. (Distributed)

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.D.C. Dist. of South Dakota Southern Division. (1 Box).

Brief amici curiae of AI Now Institute at New York University, et al. filed. (Distributed)

Brief amicus curiae of BioScience Advisors, Inc. filed. (Distributed)

Brief amici curiae of Reporters Committee for Freedom of the Press & 36 Media Organizations filed. (Distributed)

Brief amici curiae of Freedom of Information Act and First Amendment Scholars filed. (Distributed)

Brief amici curiae of Public Citizen, Center for Science in the Public Interest, Collaboration for Research Integrity filed. (Distributed)

Brief amici curiae of Electronic Privacy Information Center, et al. 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 New Hampshire Right to Life filed. (Distributed)

Brief amicus curiae of American Small Business League filed. (April 16, 2019) (Distributed)

Brief amicus curiae of American Small Business League filed. (To be Reprinted) (Distributed)

Corrected Affidavit of Service filed with respect to amicus curiae brief of BioScience Advisors, Inc. (March29, 2019).

Affidavit of Service of BioScience Advisors, Inc. not accepted for filing. (Corrected version submitted).

Brief amici curiae of Detention Watch Network, Human Rights Defense Center and Prison Policy Initiative filed. (Distributed)

Brief amici curiae of Cause of Action Institute, et al. filed. (Distributed)

Record requested from the U.S.C.A. 8th Circuit.

CIRCULATED

Brief of respondent Argus Leader Media, d/b/a Argus Leader filed. (Distributed)

Brief amicus curiae of United States filed.

Brief amici curiae of Alliance of Marine Mammal Parks & Aquariums, et al. filed.

Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.

Brief amicus curiae of Retail Litigation Center, Inc. filed.

Brief amici curiae of National Association of Convenience Stores, et al. filed.

Joint appendix filed (2 vols).

Brief of petitioner Food Marketing Institute filed.

SET FOR ARGUMENT on Monday, April 22, 2019

Blanket Consent filed by Petitioner, Food Marketing Institute.

Petition GRANTED.

DISTRIBUTED for Conference of 1/11/2019.

Reply of petitioner Food Marketing Institute filed.

Brief of respondent Argus Leader Media, d/b/a Argus Leader in opposition filed.

Consent to change of Respondent's counsel of record of Argus Leader Media, d/b/a Argus Leader not accepted for filing. (November 27, 2018 -- Document not of the type that is to be filed electronically)

Brief amici curiae of National Association of Convenience Stores, et al. filed.

Brief amici curiae of Alliance of Marine Mammal Parks & Aquariums, et al. filed.

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

Brief amicus curiae of Retail Litigation Center, Inc. filed.

Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2018.

Motion to extend the time to file a response from November 14, 2018 to December 14, 2018, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due November 14, 2018)

Application (18A146) granted by the Court. The application to recall and stay the mandate, presented to Justice Gorsuch and by him referred to the Court, is granted, and the mandate of the United States Court of Appeals for the Eighth Circuit in case No. 17-1346 is recalled and stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Ginsburg, Justice Sotomayor, and Justice Kagan would deny the application.

Application (18A146) referred to the Court.

Reply of applicant Food Marketing Institute filed.

Response to application from respondent Argus Leader Media, D/B/A Argus Leader filed.

UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the mandate of the United States Court of Appeals for the Eighth Circuit, case No. 17-1346, is hereby recalled and stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Thursday, August 16, 2018, by 4 p.m. The reply, if any, is to be filed by 4 p.m., Tuesday, August 21, 2018.

Application (18A146) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Gorsuch.

Food Marketing Institute, Petitioner, represented by Evan Andrew Young

Food Marketing Institute, Petitioner, represented by Gavin Robert Villareal

Argus Leader Media, d/b/a Argus Leader, Respondent, represented by Jon Elmer Arneson

AI Now Institute at New York University, et al., Amicus Curiae, represented by Lucinda Margaret Finley

Alliance of Marine Mammal Parks & Aquariums, et al., Amicus Curiae, represented by Ira T. Kasdan

American Small Business League, Amicus Curiae, represented by Karl Olson

BioScience Advisors, Inc., Amicus Curiae, represented by Robert Stokes Clark

Cause of Action Institute, et al., Amicus Curiae, represented by Ryan Patrick Mulvey

Chamber of Commerce of the United States of America, et al., Amicus Curiae, represented by John Patrick Elwood

Detention Watch Network, Human Rights Defense and Prison Policy Initiative, Amicus Curiae, represented by Ghita R. Schwarz

Electronic Privacy Information Center, Amicus Curiae, represented by Marc Rotenberg

Freedom of Information Act and First Amendment Scholars, Amicus Curiae, represented by Michael C. Dorf

National Association of Convenience Stores, et al., Amicus Curiae, represented by Shannen Wayne Coffin

New Hampshire Right to Life, Amicus Curiae, represented by Michael J. Tierney

Public Citizen, et al., Amicus Curiae, represented by Allison M. Zieve

Reporters Committee for Freedom of the Press & 36 Media Organizations, Amicus Curiae, represented by Bruce David Brown

Retail Litigation Center, Inc., Amicus Curiae, represented by Adam G. Unikowsky

United States, Amicus Curiae, represented by Noel J. Francisco