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Brach v. Newsom

Petition for certiorari denied on February 21, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-250 9th Cir. N/A N/A N/A N/A OT 2022

Issue: Whether a case is moot under Article III’s case-or-controversy requirement when the governor rescinds the offending policy after it is challenged in court, but the declaration of emergency remains in place and the governor retains the authority to reinstate the policy.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 13 2022Petition for a writ of certiorari filed. (Response due October 17, 2022)
Oct 11 2022Waiver of right of respondent Gavin Newsom, et al. to respond filed.
Oct 19 2022DISTRIBUTED for Conference of 11/4/2022.
Oct 28 2022Response Requested. (Due November 28, 2022)
Nov 08 2022Motion to extend the time to file a response from November 28, 2022 to December 28, 2022, submitted to The Clerk.
Nov 09 2022Motion to extend the time to file a response is granted and the time is extended to and including December 28, 2022.
Dec 27 2022Motion of California Constitutional Rights Foundation and Faith and Freedom Advocates for leave to file amicus brief not accepted for filing. (December 30, 2022)
Dec 27 2022Motion for leave to file amicus brief out of time filed by California Constitutional Rights Foundation.
Dec 28 2022Brief of respondents Gavin Newsom, Governor of California, et al. in opposition filed.
Jan 06 2023Reply of petitioners Matthew Brach, et al. filed.
Jan 11 2023DISTRIBUTED for Conference of 2/17/2023.
Feb 21 2023Motion for leave to file amicus brief out of time filed by California Constitutional Rights Foundation DENIED.
Feb 21 2023Petition DENIED.