Decided

No. 19-251

Americans for Prosperity Foundation v. Rob Bonta, Attorney General of California

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, except as to Part II– B–1. Kavanaugh and Barrett, JJ., joined that opinion in full, Alito and Gorsuch, JJ., joined except as to Part II–B–1, and Thomas, J., joined except as to Parts II–B–1 and III–B. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Alito, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined. VIDED.

Argued. For petitioners: Derek L. Shaffer, Washington, D. C. For United States, as amicus curiae: Elizabeth B. Prelogar, Acting Solicitor General, Department of Justice, Washington, D. C. For respondent: Aimee A. Feinberg, Deputy Solicitor General, Sacramento, Cal. VIDED.

Motion of Thomas More Law Center to file a reply brief out of time GRANTED.

Motion to file the reply brief out of time filed by petitioner Thomas More Law Center (in 19-255). (Distributed)

Reply of petitioner Americans for Prosperity Foundation filed (in 19-251). (Distributed)

Motion of petitioners for divided argument is DENIED; motion of petitioners for enlargement of time for oral argument is GRANTED, and the time is allotted as follows: 30 minutes for petitioners, 10 minutes for the Acting Solicitor General, and 30 minutes for respondent.

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 Public Citizen and Public Citizen Foundation filed. VIDED. (Distributed)

Brief amici curiae of Scholars of the Law of Non-Profit Organizations filed. VIDED. (Distributed)

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

Brief amicus curiae of CharityWatch filed. VIDED. (Distributed)

Brief amici curiae of Campaign Legal Center, et al. filed. VIDED. (April 17, 2021). (Distributed)

Amicus brief of Campaign Legal Center, et al. not accepted for filing. (Corrected brief submitted)

Brief amicus curiae of National Council of Nonprofits filed. VIDED. (Distributed)

Brief amici curiae of U.S. Senators filed (in 19-251). (Distributed)

Brief amici curiae of Legal Historians filed. VIDED. (Distributed)

Amicus brief of Legal Historians not accepted for filing. (April 06, 2021 - Corrected brief submitted.)

Brief amicus curiae of The California Association of Nonprofits filed. VIDED. (Distributed)

CIRCULATED

Brief of respondent Matthew Rodriquez, Acting Attorney General of California filed (Mar. 25, 2021). VIDED.

Brief of Matthew Rodriquez, Acting Attorney General of California not accepted for filing. (Corrected and reprinted brief submitted - March 25, 2021)

Record requested.

The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.

Application (20A148) granted by Justice Kagan to file respondent's consolidated brief on the merits in excess of the word limit. The brief may not exceed 15,000 words. VIDED.

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

SET FOR ARGUMENT on Monday, April 26, 2021. VIDED.

Motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED.

Application (20A148) to file respondent's consolidated brief on the merits in excess of the word limit, submitted to Justice Kagan. VIDED.

Brief amicus curiae of China Aid Association filed. VIDED

Amicus brief of Philanthropy Roundtable, Independent Women's Forum, and People United for Privacy Foundation not accepted for filing. (March 02, 2021 - corrected brief to be submitted.)

Brief amici curiae of The Buckeye Institute, et al. filed. VIDED.

Brief amicus curiae of Freedom Foundation filed.

Brief amici curiae of The National Association of Manufacturers, et al. filed. VIDED.

Brief amicus curiae of United States supporting vacatur and remand filed. VIDED.

Brief amicus curiae of Philanthropy Roundtable filed. VIDED.

Brief amici curiae of Cato Institute, et al. filed.

Brief amicus curiae of Senator Mitch McConnell filed. VIDED.

Brief amicus curiae of Institute for Justice filed. VIDED.

Brief amici curiae of Citizens United and Citizens United Foundation filed. VIDED.

Brief amici curiae of The Electronic Frontier Foundation, et al. filed. VIDED.

Brief amici curiae of Protect The 1st and Pacific Research Institute filed. VIDED.

Brief amici curiae of Congressman John Sarbanes and Democracy 21 in support of neither party filed. VIDED.

Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.

Brief amici curiae of State of Arizona, et al. filed. VIDED.

Brief amicus curiae of Thomas More Society filed. VIDED

Brief amici curiae of The Nonprofit Alliance Foundation, et al. filed. VIDED.

Brief amicus curiae of Independent Women's Law Center filed. VIDED.

Brief amicus curiae of The Legacy Foundation filed. VIDED.

Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.

Brief amici curiae of American Civil Liberties Union, Inc., et al. filed. VIDED.

Brief amicus curiae of Liberty Justice Center filed. VIDED.

Brief amicus curiae of American Center for Law and Justice filed. VIDED.

Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.

Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED.

Brief amici curiae of Hispanic Leadership Fund, et al. filed. VIDED.

Brief amici curiae of Association of National Advertisers (ANA) and the ANA Non-Profit Federation filed. VIDED.

Brief amicus curiae of Institute for Free Speech filed. VIDED.

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

Brief amicus curiae of The Floyd Abrams Institute for Freedom of Expression at Yale Law School in support of neither party filed. VIDED.

Brief amicus curiae of The American Legislative Exchange Council filed. VIDED.

Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.

Brief amicus curiae of Citizen Power Initiatives for China filed. VIDED.

Brief amicus curiae of Center for Equal Opportunity filed. VIDED.

Amicus brief of The Electronic Frontier Foundation, et al. not accepted for filing. (March 02, 2021) (efiling will be resubmitted)

Brief amicus curiae of American Target Advertising, Inc. filed. VIDED.

Brief amici curiae of Public Interest Legal Foundation and Foundation for Michigan Freedom filed. VIDED.

Brief amici curiae of National Taxpayers Union Foundation, et al. filed. VIDED.

Brief amicus curiae of Randy Elf filed. VIDED.

Brief amici curiae of Concerned Women for America, et al. filed. VIDED.

Brief amici curiae of Pacific Legal Foundation, Southeastern Legal Foundation, and Center for Constitutional Jurisprudence filed. VIDED.

Brief amicus curiae of Council on American-Islamic Relations filed (in 19-251).

Brief amicus curiae of Goldwater Institute and Rio Grande Foundation filed. VIDED.

Brief amicus curiae of James Madison Center for Free Speech filed. VIDED

Brief of petitioner Americans for Prosperity Foundation filed (in 19-251).

Joint appendix filed (in 19-255).

Brief of petitioner Thomas More Law Center filed (in 19-255).

Joint appendix filed (in 19-251). (Statement of costs filed)

Blanket Consent filed by Petitioner, Americans for Prosperity Foundation

Blanket Consent filed by Petitioner, Thomas More Law Center (in 19-255).

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-251. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-251. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petition for a writ of certiorari in No. 19-255 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

Supplemental brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California filed. VIDED. (Distributed)

DISTRIBUTED for Conference of 1/8/2021.

Brief amicus curiae of United States filed. VIDED.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

DISTRIBUTED for Conference of 2/21/2020.

DISTRIBUTED for Conference of 1/24/2020.

DISTRIBUTED for Conference of 1/17/2020.

DISTRIBUTED for Conference of 1/10/2020.

Reply of petitioner Americans for Prosperity Foundation filed.

Brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California in opposition filed. VIDED.

Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2019.

Motion to extend the time to file a response from October 25, 2019 to November 25, 2019, submitted to The Clerk.

Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.

Brief amicus curiae of Institute for Free Speech filed. VIDED.

Brief amicus curiae of American Target Advertising, Inc. filed.

Brief amici curiae of States of Arizona et al. filed.

Brief amicus curiae of Judicial Watch, Inc. filed.

Brief amicus curiae of Public Integrity Alliance filed.

Brief amicus curiae of Council on American-Islamic Relations filed.

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

Brief amici curiae of 24 Family Policy Organizations filed. VIDED.

Brief amici curiae of Cato Institute, et al. filed. VIDED.

Brief amicus curiae of Hispanic Leadership Fund filed. VIDED.

Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.

Brief amicus curiae of The National Association of Manufacturers filed.

Brief amici curiae of Public Interest Legal Foundation, Center for Constitutional Jurisprudence, Foundation for Michigan Freedom and Texas Public Policy Foundation filed. VIDED.

Brief amicus curiae of American Center for Law and Justice filed. VIDED.

Brief amicus curiae of The Buckeye Institute filed.

Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED

Brief amici curiae of Pacific Research Institute, Project for Privacy and Surveillance Accountability filed.

Brief amici curiae of Philanthropy Roundtable, et al. filed. VIDED.

Brief amicus curiae of Liberty Justice Center filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of Institute for Justice filed. VIDED.

Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2019.

Motion to extend the time to file a response from September 25, 2019 to October 25, 2019, submitted to The Clerk.

Blanket Consent filed by Petitioner, Americans for Prosperity Foundation.

Petition for a writ of certiorari filed. (Response due September 25, 2019)

Application (18A1224) granted by Justice Kagan extending the time to file until August 26, 2019.

Application (18A1224) to extend the time to file a petition for a writ of certiorari from June 27, 2019 to August 26, 2019, submitted to Justice Kagan.

Parties

Americans for Prosperity Foundation, Petitioner, represented by Derek L. Shaffer

Thomas More Law Center, Petitioner, represented by John J. Bursch

Rob Bonta, Attorney General of California, Respondent, represented by Aimee Athena Feinberg

Amici Curiae

24 Family Policy Organizations, Amicus Curiae, represented by Anita Yvonne Milanovich

American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

American Civil Liberties Union, Inc., et al., Amicus Curiae, represented by Brian M. Hauss

American Target Advertising, Inc., Amicus Curiae, represented by Mark J. Fitzgibbons

Association of National Advertisers (ANA) and the ANA Non-Profit Federation, Amicus Curiae, represented by James Christopher Martin

Campaign Legal Center, et al., Amicus Curiae, represented by Paul March Smith

Cato Institute, Amicus Curiae, represented by Ilya Shapiro

Center for Equal Opportunity, Amicus Curiae, represented by Thomas G. Hungar

CharityWatch, Amicus Curiae, represented by Kathleen Roberta Hartnett

China Aid Association, Amicus Curiae, represented by Andrew C. Nichols

Citizen Power Initiatives for China, Amicus Curiae, represented by Kelly J. Shackelford

Citizens United and Citizens United Foundation, Amicus Curiae, represented by Jeremiah Lee Morgan

Concerned Women for America, Amicus Curiae, represented by Frederick W. Claybrook Jr.

Congressman John Sarbanes and Democracy 21, Amicus Curiae, represented by Seth P. Waxman

Council on American-Islamic Relations, Amicus Curiae, represented by Lena Fatina Masri

Freedom Foundation, Amicus Curiae, represented by James Gideon Abernathy

Free Speech Coalition, et al., Amicus Curiae, represented by William Jeffrey Olson

Free Speech Coalition, et al., Amicus Curiae, represented by Herbert William Titus

Goldwater Institute and Rio Grande Foundation, Amicus Curiae, represented by Timothy Mason Sandefur

Hispanic Leadership Fund, Amicus Curiae, represented by Jeffrey Matthew Harris

Independent Women's Law Center, Amicus Curiae, represented by Kasdin Miller Mitchell

Institute for Free Speech, Amicus Curiae, represented by Lisa Schiavo Blatt

Institute for Free Speech, Amicus Curiae, represented by Owen Dennis Yeates

Institute for Justice, Amicus Curiae, represented by Paul Michael Sherman

James Madison Center for Free Speech, Amicus Curiae, represented by James Bopp Jr.

Judicial Watch, Inc., Amicus Curiae, represented by Robert D. Popper

Legal Historians, Amicus Curiae, represented by Darin Murl Sands

Liberty Justice Center, Amicus Curiae, represented by Brian Kirk Kelsey

National Council of Nonprofits, Amicus Curiae, represented by Charles Timothy Delaney

National Taxpayers Union Foundation and the Public Policy Legal Institute, Amicus Curiae, represented by Barnaby W. Zall

New Civil Liberties Alliance, Amicus Curiae, represented by Margaret Ann Little

Pacific Legal Foundation, Amicus Curiae, represented by Joshua Paul Thompson

Pacific Legal Foundation, Southeastern Legal Foundation, and Center for Constitutional Jurisprudence, Amicus Curiae, represented by Jeremy Brennan Talcott

Pacific Research Institute, Project for Privacy and Surveillance Accountability, Amicus Curiae, represented by Erik S. Jaffe

Philanthropy Roundtable, Amicus Curiae, represented by Alexander Lyman Reid

Philanthropy Roundtable, Independent Women's Forum, and People United for Privacy Foundation, Amicus Curiae, represented by Alexander Lyman Reid

Proposition 8 Legal Defense Fund, Amicus Curiae, represented by Andrew P. Pugno

Protect The 1st and Pacific Research Institute, Amicus Curiae, represented by Erik S. Jaffe

Public Citizen and Public Citizen Foundation, Amicus Curiae, represented by Scott Lawrence Nelson

Public Integrity Alliance, Amicus Curiae, represented by Kory Alan Langhofer

Public Interest Legal Foundation and Foundation for Michigan Freedom, Amicus Curiae, represented by Kaylan Lytle Phillips

Public Interest Legal Foundation, Center for Constitutional Jurisprudence, Foundation for Michigan Freedom and Texas Public Policy Foundation, Amicus Curiae, represented by Kaylan Lytle Phillips

Randy Elf, Amicus Curiae, represented by Randolph Scott Elf

Scholars of the Law of Non-Profit Organizations, Amicus Curiae, represented by Bradley S. Phillips

Senator Mitch McConnell, Amicus Curiae, represented by Donald Francis McGahn II

State of Arizona, Amicus Curiae, represented by Drew Curtis Ensign

States of Arizona et al., Amicus Curiae, represented by Rusty Duane Crandell

States of New York, Colorado, Connecticut, Hawai‘I, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, and Virginia, and the District of Columbia, Amicus Curiae, represented by Barbara Dale Underwood

The American Legislative Exchange Council, Amicus Curiae, represented by Lee Elton Goodman

The Becket Fund for Religious Liberty, Amicus Curiae, represented by Eric S. Baxter

The Buckeye Institute, Amicus Curiae, represented by Jay Randall Carson

The Buckeye Institute, Amicus Curiae, represented by Robert Daniel Alt

The California Association of Nonprofits, Amicus Curiae, represented by Anna-Rose Mathieson

The Chamber of Commerce of the United States of America and The U.S. Chamber of Commerce Foundation, Amicus Curiae, represented by Caleb P. Burns

The Electronic Frontier Foundation, et al., Amicus Curiae, represented by Brian Timothy Burgess

The Floyd Abrams Institute for Freedom of Expression at Yale Law School, Amicus Curiae, represented by Floyd Abrams

The Legacy Foundation, Amicus Curiae, represented by Jason Brett Torchinsky

The National Association of Manufacturers, Amicus Curiae, represented by Martin Sander Kaufman

The National Association of Manufacturers, the Atlantic Legal Foundation, and National and State Trade Associations, Amicus Curiae, represented by Sean Marotta

The New Civil Liberties Alliance, Amicus Curiae, represented by Margaret Ann Little

The Nonprofit Alliance Foundation, People for the Ethical Treatment of Animals, Association of Fundraising Professionals, and 123 Nonprofit Organizations Listed in Appendix as Amici Curiae, Amicus Curiae, represented by Karen Michelle Donnelly

Thomas More Society, Amicus Curiae, represented by Thomas L. Brejcha

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

U.S. Senators, Amicus Curiae, represented by Daniel Patrick Chiplock

 
Last updated: July 27, 2021