Decided

No. 16-1140

National Institute of Family and Life Advocates, dba NIFLA, et al. v. Xavier Becerra, Attorney General of California, et al.

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. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Alito, and Gorsuch, JJ., joined. Kennedy, J., filed a concurring opinion, in which Roberts, C. J., and Alito and Gorsuch, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.

Argued. For petitioners: Michael P. Farris, Washington, D. C. For United States, as amicus curiae, in support of neither party: Jeffrey B. Wall, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Joshua A. Klein, Deputy Solicitor General, San Francisco, Cal.

Letter of respondents Becerra, Att'y Gen. of CA, et al. filed. (Distributed)

Reply of petitioners NIFLA, et al. filed. (Distributed)

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

Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed)

Brief amici curiae of 51 Reproductive Rights, Civil Rights and Social Justice Organizations filed. (Distributed)

Brief amici curiae of Black Women for Wellness, et al. filed. (Distributed)

Brief amici curiae of American Academy of Pediatrics, et al. filed. (Distributed)

Brief amici curiae of Planned Parenthood Federation of America and Physicians for Reproductive Health filed. (Distributed)

Brief amici curiae of Social Science Researchers filed.

Brief amici curiae of National League of Cities, et al. filed. (Distributed)

Brief amici curiae of Members of Congress filed. (Distributed)

Brief amici curiae of Legal Ethicists filed. (Distributed)

Brief amicus curiae of Compassion & Choices filed. (Distributed)

Brief of respondents Becerra, Att'y Gen. of CA, et al. filed. (Distributed)

Brief of respondent Thomas E. Montgomery filed. (Distributed)

CIRCULATED

SET FOR ARGUMENT ON Tuesday, March 20, 2018

Brief amici curiae of U.S. Conference of Catholic Bishops, et al. filed.

Brief amici curiae of National Association of Evangelicals, et al. filed.

Brief amicus curiae of Heartbeat International, Inc. filed.

Brief amicus curiae of David Boyle filed.

Brief amici curiae of Legal Scholars filed.

Brief amici curiae of Conservative Legal Defense and Education Fund, et al. filed.

Brief amicus curiae of Alpha Center, A Pregnancy Help Center Registered Under the Laws of South Dakota filed.

Brief amici curiae of Freedom X and Crisis Pregnancy Clinic of Southern California filed.

Brief amici curiae of American Center for Law & Justice, et al. filed.

Brief amici curiae of Mountain Right to Life, Inc., dba Pregnancy and Family Resource Center, Birth Choice of the Desert and His Nesting Place filed.

Brief amici curiae of 144 Members of Congress filed.

Brief amicus curiae of Foundation for Moral Law filed.

Brief amici curiae of C12 Group, CEO Forum, Inc., Christian Employers Alliance, Marketplace Leaders filed.

Brief amici curiae of Operation Outcry, Texas Justice Foundation, and Priests for Life filed.

Brief amicus curiae of First Resort, Inc. filed.

Brief amici curiae of The Scharpen Foundation, Inc., Advocates for Faith & Freedom, and National Pro-Life Alliance filed.

Brief amicus curiae of United States Supporting Neither Party filed.

Brief amici curiae of State of Texas, et al. filed.

Brief amici curiae of American Association of Pro-Life Obstetricians & Gynecologists, et al. filed.

Brief amicus curiae of Human Coalition filed.

Brief amicus curiae of Institute for Justice filed.

Brief amici curiae of Pregnancy Care Centers in Texas filed.

Brief amicus curiae of Care Net filed.

Brief amici curiae of 41 Family Policy Organizations filed.

Brief amici curiae of Massachusetts Citizens for Life, et al. filed.

Brief amicus curiae of Justice and Freedom Fund filed.

Brief amici curiae of Charlotte Lozier Institute, et al. filed.

Brief amicus curiae of Jews for Religious Liberty filed.

Brief amici curiae of 13 Women and The Catholic Association Foundation filed.

Brief amici curiae of Twenty-Three Illinois Pregnancy Care Centers filed.

Joint appendix filed. (Statement of costs filed.)

Brief of petitioners NIFLA, et al. filed.

Brief amicus curiae of Cato Institute filed.

Joint motion of the parties to file their opening briefs on the merits is granted and the time to file the joint appendix and petitioner's brief on the merits is extended to and including January 8, 2018, and the time to file respondents' brief on the merits is extended to and including February 20, 2018.

Joint motion of the parties for an extension of time filed.

Blanket Consent filed by Petitioners, NIFLA, et al..

Petition GRANTED limited to the following question: Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the Free Speech Clause of the First Amendment, applicable to the States through the Fourteenth Amendment.

DISTRIBUTED for Conference of 11/3/2017.

DISTRIBUTED for Conference of 10/27/2017.

DISTRIBUTED for Conference of 10/13/2017.

DISTRIBUTED for Conference of 10/6/2017.

Rescheduled.

DISTRIBUTED for Conference of September 25, 2017.

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

Record Requested.

DISTRIBUTED for Conference of June 22, 2017.

Reply of petitioners National Institute of Family and Life Advocates, dba NIFLA, et al. filed.

Brief of respondents State Respondents in opposition filed. VIDED.

Brief amici curiae of Freedom X and Crisis Pregnancy Clinic of Southern California filed.

Brief amici curiae of National Association of Evangelicals, Christian Legal Society, et al. filed. VIDED

Brief amicus curiae of Cato Institute filed.

Brief amici curiae of United States Justice Foundation, et al. filed.

Brief amicus curiae of Care Net filed.

Brief amicus curiae of Charlotte Lozier Institute filed.

Brief amicus curiae of Liberty, Life and Law Foundation filed.

Order extending time to file response to petition to and including May 24, 2017.

Waiver of right of respondent Morgan Foley to respond filed.

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

Petition for a writ of certiorari filed. (Response due April 20, 2017)

Parties

NIFLA, et al., Petitioner, represented by David Andrew Cortman

Becerra, Att'y Gen. of CA, et al., Respondent, represented by Joshua Aaron Klein

Morgan Foley, Respondent, represented by Carrie L. Mitchell

Thomas E. Montgomery, Respondent, represented by Thomas Dale Bunton

Amici Curiae

13 Women and The Catholic Association Foundation, Amicus Curiae, represented by Andrea Marie Picciotti-Bayer

144 Members of Congress, Amicus Curiae, represented by Patrick Strawbridge

41 Family Policy Organizations, Amicus Curiae, represented by David Austin French

51 Reproductive Rights, Civil Rights and Social Justice Organizations, Amicus Curiae, represented by Julie Rikelman

Alpha Center, A Pregnancy Help Center Registered Under the Laws of South Dakota, Amicus Curiae, represented by Harold J. Cassidy

American Academy of Pediatrics, California; American College of Obstetricians and Gynecologists; American Medical Women's Association; American Nurses Association\California; American Society for Reproductive Medicine, et al., Amicus Curiae, represented by Simona Gurevich Strauss

American Association of Pro-Life Obstetricians & Gynecologists; Christian Medical & Dental Association; American College of Pediatricians, Amicus Curiae, represented by Steven Henry Aden

American Center for Law & Justice, et al., Amicus Curiae, represented by Jay Alan Sekulow

American Medical Association, Amicus Curiae, represented by Leonard A. Nelson

Black Women for Wellness, et al., Amicus Curiae, represented by Thomas Bennigson

C12 Group, CEO Forum, Inc., Christian Employers Alliance, Marketplace Leade, Amicus Curiae, represented by Michael Lee Francisco

California Women's Law Center, et al., Amicus Curiae, represented by Lois D. Thompson

Care Net, Amicus Curiae, represented by John J. Bursch

Cato Institute, Amicus Curiae, represented by Ilya Shapiro

Charlotte Lozier Institute, Amicus Curiae, represented by Dorinda C. Bordlee

Charlotte Lozier Institute, Amicus Curiae, represented by Catherine Glenn Foster

City and County of San Francisco, Amicus Curiae, represented by Mollie M. Lee

Compassion & Choices, Amicus Curiae, represented by Darin Murl Sands

Conservative Legal Defense and Education Fund, et al., Amicus Curiae, represented by Herbert William Titus

David Boyle, Amicus Curiae, represented by David Christopher Boyle

First Resort, Inc., Amicus Curiae, represented by Mark Leonard Rienzi

Foundation for Moral Law, Amicus Curiae, represented by Matthew James Clark

Freedom X and Crisis Pregnancy Clinic of Southern California, Amicus Curiae, represented by William Becker Jr.

Freedom X and Crisis Pregnancy Clinic of Southern California, Amicus Curiae, represented by William J. Becker Jr.

Heartbeat International, Inc., Amicus Curiae, represented by James Christopher Rutten

Human Coalition, Amicus Curiae, represented by Jonathan David Christman

Institute for Justice, Amicus Curiae, represented by Robert James McNamara

Jews for Religious Liberty, Amicus Curiae, represented by Howard Nathan Slugh

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

Legal Ethicists, Amicus Curiae, represented by Albert Quoc Giang

Legal Scholars, Amicus Curiae, represented by Kenneth Alan Klukowski

Liberty, Life and Law Foundation, Amicus Curiae, represented by Deborah Dewart

Massachusetts Citizens for Life, et al., Amicus Curiae, represented by Dwight Gerard Duncan

Members of Congress, Amicus Curiae, represented by Brianne Jenna Gorod

National Association of Evangelicals, Christian Legal Society, et al., Amicus Curiae, represented by Frederick W. Claybrook Jr.

National Association of Evangelicals, et al., Amicus Curiae, represented by Frederick W. Claybrook Jr.

National League of Cities, United States Conference of Mayors, International City/County Management Association, and International Municipal Lawyers Association, Amicus Curiae, represented by John Michael Baker

Operation Outcry, Texas Justice Foundation, and Priests for Life, Amicus Curiae, represented by Catherine Wynne Short

Planned Parenthood Federation of America and Physicians for Reproductive Health, Amicus Curiae, represented by Alan Evan Schoenfeld

Pregnancy Care Centers in Texas, Amicus Curiae, represented by Linda Boston Schlueter

Public Citizen, Inc., Amicus Curiae, represented by Scott Lawrence Nelson

Social Science Researchers, Amicus Curiae, represented by Steven Alan Zalesin

State of Texas, et al., Amicus Curiae, represented by Scott A. Keller

The Scharpen Foundation, Inc., Advocates for Faith & Freedom, and National Pro-Life Alliance, Amicus Curiae, represented by Robert H. Tyler

Twenty-Three Illinois Pregnancy Care Centers, Amicus Curiae, represented by Noel Ward Sterett

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

United States Justice Foundation, et al., Amicus Curiae, represented by Jeremiah Lee Morgan

U.S. Conference of Catholic Bishops, et al., Amicus Curiae, represented by Gene Clayton Schaerr

 
Last updated: April 20, 2024