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Americans for Prosperity Foundation v. Becerra

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-251 9th Cir. TBD TBD TBD TBD OT 2020

Issue: Whether the exacting scrutiny the Supreme Court has long required of laws that abridge the freedoms of speech and association outside the election context – as called for by NAACP v. Alabama ex rel. Patterson and its progeny – can be satisfied absent any showing that a blanket governmental demand for the individual identities and addresses of major donors to private nonprofit organizations is narrowly tailored to an asserted law-enforcement interest.

DateProceedings and Orders (key to color coding)
May 28 2019Application (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.
May 28 2019Application (18A1224) granted by Justice Kagan extending the time to file until August 26, 2019.
Aug 26 2019Petition for a writ of certiorari filed. (Response due September 25, 2019)
Sep 06 2019Blanket Consent filed by Petitioner, Americans for Prosperity Foundation.
Sep 09 2019Motion to extend the time to file a response from September 25, 2019 to October 25, 2019, submitted to The Clerk.
Sep 11 2019Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2019.
Sep 24 2019Brief amicus curiae of Pacific Legal Foundation filed.
Sep 24 2019Brief amicus curiae of Liberty Justice Center filed.
Sep 24 2019Brief amicus curiae of Institute for Justice filed. VIDED.
Sep 25 2019Brief amici curiae of Pacific Research Institute, Project for Privacy and Surveillance Accountability filed.
Sep 25 2019Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED
Sep 25 2019Brief amicus curiae of The Buckeye Institute filed.
Sep 25 2019Brief amicus curiae of American Center for Law and Justice filed. VIDED.
Sep 25 2019Brief amici curiae of Public Interest Legal Foundation, Center for Constitutional Jurisprudence, Foundation for Michigan Freedom and Texas Public Policy Foundation filed. VIDED.
Sep 25 2019Brief amicus curiae of The National Association of Manufacturers filed.
Sep 25 2019Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.
Sep 25 2019Brief amicus curiae of Hispanic Leadership Fund filed. VIDED.
Sep 25 2019Brief amici curiae of Cato Institute, et al. filed. VIDED.
Sep 25 2019Brief amici curiae of Philanthropy Roundtable, et al. filed. VIDED.
Sep 25 2019Brief amici curiae of 24 Family Policy Organizations filed. VIDED.
Sep 25 2019Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Sep 25 2019Brief amicus curiae of Council on American-Islamic Relations filed.
Sep 25 2019Brief amicus curiae of Public Integrity Alliance filed.
Sep 25 2019Brief amicus curiae of Judicial Watch, Inc. filed.
Sep 25 2019Brief amici curiae of States of Arizona et al. filed.
Sep 25 2019Brief amicus curiae of American Target Advertising, Inc. filed.
Sep 25 2019Brief amicus curiae of Institute for Free Speech filed. VIDED.
Sep 25 2019Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.
Oct 03 2019Motion to extend the time to file a response from October 25, 2019 to November 25, 2019, submitted to The Clerk.
Oct 07 2019Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2019.
Nov 25 2019Brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California in opposition filed. VIDED.
Dec 10 2019Reply of petitioner Americans for Prosperity Foundation filed.
Dec 11 2019DISTRIBUTED for Conference of 1/10/2020.
Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 21 2020DISTRIBUTED for Conference of 1/24/2020.
Feb 14 2020DISTRIBUTED for Conference of 2/21/2020.
Feb 24 2020The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 24 2020Brief amicus curiae of United States filed. VIDED.
Dec 09 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 09 2020Supplemental brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California filed. VIDED. (Distributed)
Jan 08 2021Petition 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.
Jan 08 2021Because 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.”
Jan 29 2021Blanket Consent filed by Petitioner, Thomas More Law Center (in 19-255).
Feb 05 2021Blanket Consent filed by Petitioner, Americans for Prosperity Foundation
Feb 22 2021Brief of petitioner Thomas More Law Center filed (in 19-255).
Feb 22 2021Joint appendix filed (in 19-255).
Feb 22 2021Brief of petitioner Americans for Prosperity Foundation filed (in 19-251).
Feb 22 2021Joint appendix filed (in 19-251). (Statement of costs filed)
Feb 23 2021Brief amicus curiae of James Madison Center for Free Speech filed. VIDED
Feb 24 2021Brief amicus curiae of Council on American-Islamic Relations filed (in 19-251).
Feb 24 2021Brief amici curiae of Pacific Legal Foundation, Southeastern Legal Foundation, and Center for Constitutional Jurisprudence filed. VIDED.
Feb 24 2021Brief amicus curiae of Goldwater Institute and Rio Grande Foundation filed. VIDED.
Feb 25 2021Brief amici curiae of Concerned Women for America, et al. filed. VIDED.
Feb 26 2021Brief amici curiae of National Taxpayers Union Foundation, et al. filed. VIDED.
Feb 26 2021Brief amicus curiae of Randy Elf filed. VIDED.
Feb 26 2021Brief amici curiae of Public Interest Legal Foundation and Foundation for Michigan Freedom filed. VIDED.
Feb 26 2021Brief amicus curiae of American Target Advertising, Inc. filed.
Mar 01 2021Amicus brief of Philanthropy Roundtable, Independent Women's Forum, and People United for Privacy Foundation not accepted for filing. (March 02, 2021) (efiling will be corrected with proper filing party)
Mar 01 2021Amicus brief of The Electronic Frontier Foundation, et al. not accepted for filing. (March 02, 2021) (efiling will be resubmitted)
Mar 01 2021Brief amicus curiae of Center for Equal Opportunity filed. VIDED.
Mar 01 2021Brief amicus curiae of Citizen Power Initiatives for China filed. VIDED.
Mar 01 2021Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.
Mar 01 2021Brief amicus curiae of The American Legislative Exchange Council filed. VIDED.
Mar 01 2021Brief amicus curiae of The Floyd Abrams Institute for Freedom of Expression at Yale Law School in support of neither party filed. VIDED.
Mar 01 2021Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Mar 01 2021Brief amicus curiae of Institute for Free Speech filed. VIDED.
Mar 01 2021Brief amici curiae of Association of National Advertisers (ANA) and the ANA Non-Profit Federation filed. VIDED.
Mar 01 2021Brief amici curiae of Hispanic Leadership Fund, et al. filed. VIDED.
Mar 01 2021Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED.
Mar 01 2021Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.
Mar 01 2021Brief amicus curiae of American Center for Law and Justice filed. VIDED.
Mar 01 2021Brief amicus curiae of Liberty Justice Center filed. VIDED.
Mar 01 2021Brief amici curiae of American Civil Liberties Union, Inc., et al. filed. VIDED.
Mar 01 2021Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.
Mar 01 2021Brief amicus curiae of The Legacy Foundation filed. VIDED.
Mar 01 2021Brief amicus curiae of Independent Women's Law Center filed. VIDED.
Mar 01 2021Brief amici curiae of The Nonprofit Alliance Foundation, et al. filed. VIDED.
Mar 01 2021Brief amicus curiae of China Aid Association filed. VIDED
Mar 01 2021Brief amicus curiae of Thomas More Society filed. VIDED
Mar 01 2021Brief amici curiae of State of Arizona, et al. filed. VIDED.
Mar 01 2021Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.
Mar 01 2021Brief amici curiae of Congressman John Sarbanes and Democracy 21 in support of neither party filed. VIDED.
Mar 01 2021Brief amici curiae of Protect The 1st and Pacific Research Institute filed. VIDED.
Mar 01 2021Brief amicus curiae of United States filed. VIDED.
Mar 01 2021Brief amici curiae of The Electronic Frontier Foundation, et al. filed. VIDED.
Mar 01 2021Brief amici curiae of Citizens United and Citizens United Foundation filed. VIDED.
Mar 01 2021Brief amicus curiae of Institute for Justice filed. VIDED.
Mar 01 2021Brief amici curiae of The National Association of Manufacturers, the Atlantic Legal Foundation, and National and State Trade Associations filed. VIDED.
Mar 01 2021Brief amicus curiae of Senator Mitch McConnell filed. VIDED.
Mar 01 2021Brief amici curiae of Cato Institute, et al. filed.
Mar 01 2021Amicus brief of Freedom Foundation submitted.
Mar 01 2021Amicus brief of The Buckeye Institute submitted.
Mar 02 2021Brief amicus curiae of Philanthropy Roundtable filed.