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City of Austin, Texas v. Reagan National Advertising of Austin, LLC

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Docket No. Op. Below Argument Opinion Vote Author Term
20-1029 5th Cir. Nov 10, 2021 Apr 21, 2022 6-3 Sotomayor OT 2021

Holding: The distinction between on-premises signs and off-premises signs in the city of Austin’s sign code is facially content-neutral under the First Amendment.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on April 21, 2022. Justice Breyer filed a concurring opinion. Justice Alito filed an opinion concurring in the judgment in part and dissenting in part. Justice Thomas filed a dissenting opinion, in which Justices Gorsuch and Barrett joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 20 2021Petition for a writ of certiorari filed. (Response due March 1, 2021)
Feb 08 2021Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Feb 25 2021Waiver of right of respondent Reagan National Advertising of Austin, Inc. to respond filed.
Mar 01 2021Brief amici curiae of Chambers of Commerce, et al. filed. (Distributed)
Mar 03 2021DISTRIBUTED for Conference of 3/19/2021.
Mar 12 2021Response Requested. (Due April 12, 2021)
Mar 17 2021Motion to extend the time to file a response from April 12, 2021 to May 12, 2021, submitted to The Clerk.
Mar 23 2021Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2021.
May 12 2021Brief of respondents Reagan National Advertising of Austin, Incorporated, et al. in opposition filed.
May 26 2021Reply of City of Austin not accepted for filing. (May 28, 2021) (Corrected version submitted)
May 26 2021Reply of petitioner City of Austin filed.
Jun 01 2021DISTRIBUTED for Conference of 6/17/2021.
Jun 21 2021DISTRIBUTED for Conference of 6/24/2021.
Jun 28 2021Petition GRANTED.
Aug 03 2021Blanket Consent filed by Respondent, Reagan National Advertising of Austin, Inc.
Aug 03 2021Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Aug 04 2021Letter requesting case caption correction filed by petitioner.
Aug 09 2021Motion to extend the time to file the joint appendix and petitioner's brief on the merits is granted and the time is extended to and including August 13, 2021.
Aug 13 2021Brief of petitioner City of Austin filed.
Aug 13 2021Joint appendix filed. (Statement of costs filed)
Aug 16 2021ARGUMENT SET FOR Wednesday, November 10, 2021.
Aug 17 2021Motion for an extension of time to file respondents' brief on the merits filed.
Aug 19 2021Brief amicus curiae of The American Planning Association in Support of Neither Party filed.
Aug 20 2021Amicus brief of Chambers of Commerce, Business Leagues, Environmental Organizations, and On-Premise Sign Associations not accepted for filing. (August 20, 2021)
Aug 20 2021Brief amicus curiae of United States filed.
Aug 20 2021Brief amici curiae of Knight First Amendment Institute at Columbia University and Professor Genevieve Lakier filed.
Aug 20 2021Brief amici curiae of The National League of Cities; The U.S. Conference of Mayors; The International City/County Management Association; The International Municipal Lawyers Association filed.
Aug 20 2021Brief amicus curiae of International Sign Association filed.
Aug 20 2021Brief amici curiae of Land Developers, Chambers of Commerce, and Scenic Organizations filed.
Aug 20 2021Brief amicus curiae of Outfront Media Inc. filed.
Aug 20 2021Brief amici curiae of State of Florida, et al., filed.
Aug 20 2021Amicus brief of State of Florida, et al., not accepted for filing. (October 08, 2021--Duplicate submission)
Aug 26 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Aug 31 2021Motion to extend the time to file respondents brief on the merits granted and the time is extended to and including September 22, 2021.
Sep 01 2021Record requested from the U.S.C.A. 5th Circuit.
Sep 01 2021The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Sep 21 2021CIRCULATED
Sep 22 2021Letter pursuant to Rule 35.3 received.
Sep 22 2021Brief of respondents Reagan National Advertising of Austin, LLC, et al. filed. (Distributed)
Sep 27 2021Brief amicus curiae of Americans for Prosperity Foundation filed. (Distributed)
Sep 28 2021Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
Sep 29 2021Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Sep 29 2021Brief amici curiae of Alliance Defending Freedom, et al. filed. (Distributed)
Sep 29 2021Brief amicus curiae of Institute for Justice filed. (Distributed)
Sep 29 2021Brief amici curiae of Out of Home Advertising Association of America, Inc., et al. filed. (Distributed)
Sep 29 2021Brief amicus curiae of Institute for Free Speech filed. (Distributed)
Sep 29 2021Brief amicus curiae of Cato Institute filed. (Distributed)
Sep 29 2021Brief amicus curiae of Protect the First Foundation filed. (Distributed)
Sep 29 2021Brief amicus curiae of Summus 2, LLC dba Summus Outdoor filed. (Distributed)
Sep 29 2021Brief amicus curiae of Liberty Justice Center filed. (Distributed)
Oct 04 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 18 2021The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondents.
Oct 22 2021Reply of petitioner City of Austin filed. (Distributed)
Nov 10 2021Argued. For petitioner: Michael R. Dreeben, Washington, D. C.; and Benjamin Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Kannon K. Shanmugam, Washington, D. C.
Apr 21 2022Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Kagan, and Kavanaugh, JJ., joined. Breyer, J., filed a concurring opinion. Alito, J., filed an opinion concurring in the judgment in part and dissenting in part. Thomas, J., filed a dissenting opinion, in which Gorsuch and Barrett, JJ., joined.
May 23 2022Judgment Issued