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Barr v. American Association of Political Consultants Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
19-631 4th Cir. May 6, 2020 Jul 6, 2020 6-3 Kavanaugh OT 2019

Holding: The exception for calls to collect government debt from a federal ban on robocalls to cellphones violates the First Amendment, but the exception is severable from the rest of the Telephone Consumer Protection Act of 1991.

Judgment: Affirmed, 6-3, in an opinion by Justice Kavanaugh on July 6, 2020. Justice Thomas joined the court"s opinion as to parts I and II. Justice Sotomayor filed an opinion concurring in the judgment. Justice Breyer filed an opinion concurring in the judgment with respect to severability and dissenting in part, in which Justices Ginsburg and Kagan joined. Justice Gorsuch filed an opinion concurring in the judgment in part and dissenting in part, in which Justice Thomas joined as to part II.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/06/2019Application (19A271) to extend the time to file a petition for a writ of certiorari from September 19, 2019 to October 21, 2019, submitted to The Chief Justice.
09/09/2019Application (19A271) granted by The Chief Justice extending the time to file until October 21, 2019.
10/11/2019Application (19A271) to extend further the time from October 21, 2019 to November 18, 2019, submitted to The Chief Justice.
10/15/2019Application (19A271) granted by The Chief Justice extending the time to file until November 18, 2019.
11/14/2019Petition for a writ of certiorari filed. (Response due December 16, 2019)
12/04/2019Brief of respondents American Association of Political Consultants, Inc., et al. in support filed.
12/18/2019DISTRIBUTED for Conference of 1/10/2020.
12/18/2019Reply of petitioners William P. Barr, Attorney General, et al. filed.
01/10/2020Petition GRANTED.
02/20/2020Blanket Consent filed by Respondents, American Association of Political Consultants, Inc., et al.
02/21/2020SET FOR ARGUMENT on Wednesday, April 22, 2020.
02/24/2020Joint appendix filed.
02/24/2020Brief of petitioners William P. Barr, Attorney General, et al. filed.
02/26/2020Record requested from the U.S.C.A. 4th Circuit.
02/26/2020The record from the U.S.C.A. 4th Circuit is electronic and located on PACER.
03/02/2020Brief amici curiae of State of Indiana, et al. filed.
03/02/2020Brief amicus curiae of Student Loan Servicing Alliance filed.
03/02/2020Brief amici curiae of National League of Cities,et al. filed.
03/02/2020Brief amici curiae of National Consumer Law Center, et al. in support of neither party filed.
03/02/2020Brief amici curiae of Electronic Privacy Information Center, et al. filed.
03/02/2020Brief amici curiae of Retail Litigation Center, Inc. and National Retail Federation filed supporting neither party.
03/02/2020Brief amici curiae of Public Citizen and Public Citizen Foundation filed.
03/02/2020Brief amici curiae of Fifteen Members of Congress filed.
03/17/2020Blanket Consent filed by Petitioners, William P. Barr, Attorney General, et al.
03/19/2020CIRCULATED
03/25/2020Brief of respondents American Association of Political Consultants, Inc., et al. filed. (Distributed)
04/01/2020Brief amicus curiae of Retail Energy Supply Association filed. (Distributed)
04/01/2020Brief amicus curiae of Institute for Free Speech filed. (Distributed)
04/01/2020Brief amicus curiae of Institute for Justice filed. (Distributed)
04/01/2020Brief amicus curiae of Portfolio Recovery Associates, LLC filed. (Distributed)
04/01/2020Brief amici curiae of Healthcare Companies filed. (Distributed)
04/01/2020Brief amicus curiae of Facebook, Inc. filed. (Distributed)
04/01/2020Brief amicus curiae of Cato Institute filed. (Distributed)
04/01/2020Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
04/01/2020Brief amicus curiae of Midland Credit Management, Inc. filed. (Distributed)
04/03/2020ORAL ARGUMENT POSTPONED.
04/03/2020Amicus brief of Association of Credit & Collection Professionals (ACA) not accepted for filing. (April 28, 2020)
04/13/2020Argument to be rescheduled for May 2020.
04/15/2020RESCHEDULED FOR ARGUMENT on Wednesday, May 6, 2020.
04/24/2020Reply of petitioners William P. Barr, Attorney General, et al. filed. (Distributed)
05/06/2020Argued. For petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Roman Martinez, Washington, D. C.
05/06/2020Motion of ACA International, Inc. for leave to file amicus brief not accepted for filing. (May 20, 2020 - to be resubmitted in proper format.)
05/20/2020Motion of ACA International, Inc. for leave to file amicus brief not accepted for filing. (May 26, 2020) (Dupilicate submission).
05/20/2020Motion for leave to file amicus brief out of time filed by ACA International, Inc. (Distributed)
06/08/2020Motion for leave to file amicus brief out of time filed by ACA International, Inc. DENIED.
07/06/2020Adjudged to be AFFIRMED. Kavanaugh, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Alito, J. joined, and in which Thomas, J., joined as to Parts I and II. Sotomayor, J., filed an opinion concurring in the judgment. Breyer, J., filed an opinion concurring in the judgment with respect to severability and dissenting in part, in which Ginsburg and Kagan, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Thomas, J., joined as to Part II.
08/07/2020JUDGMENT ISSUED.