|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-976||9th Cir.||N/A||N/A||N/A||N/A||OT 2017|
Issues: (1) Whether–when the Supreme Court held in Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio that an exception allowing for less rigorous review applies when the government seeks to combat misleading commercial speech by requiring (as an alternative to restricting speech) the disclosure of “purely factual and uncontroversial information” that is not “unduly burdensome” and is “reasonably related to the state’s interest in preventing deception of consumers”–this reduced standard of scrutiny of compelled commercial speech applies beyond the need to prevent consumer deception; and (2) whether, when the Zauderer standard applies, it is sufficient that the compelled speech be: factually accurate, even if controversial and, when read as a whole, potentially misleading; and merely reasonably related to any non-“trivial” governmental interest.
|Date||Proceedings and Orders |
|Jan 09 2018||Petition for a writ of certiorari filed. (Response due February 8, 2018)|
|Jan 17 2018||Blanket Consent filed by Petitioner, CTIA - The Wireless Association.|
|Jan 18 2018||Blanket Consent filed by Respondents, City of Berkeley, et al..|
|Jan 19 2018||Waiver of right of respondent City of Berkeley to respond filed.|
|Jan 24 2018||DISTRIBUTED for Conference of 2/16/2018.|
|Jan 30 2018||Response Requested. (Due March 1, 2018)|
|Jan 30 2018||Brief amici curiae of The Cato Institute, Competitive Enterprise Institute, and Cause of Action Institute filed.|
|Feb 06 2018||Brief amicus curiae of Pacific Legal Foundation filed.|
|Feb 08 2018||Brief amici curiae of Retail Litigation Center, Inc., et al. filed.|
|Feb 08 2018||Brief amicus curiae of The Rutherford Institute filed.|
|Feb 08 2018||Brief amicus curiae of The National Association of Manufacturers filed.|
|Feb 22 2018||Brief amicus curiae of Association of National Advertisers, Inc. filed.|
|Feb 23 2018||Motion to extend the time to file a response from March 1, 2018 to March 31, 2018, submitted to The Clerk.|
|Feb 23 2018||Brief amicus curiae of Washington Legal Foundation filed.|
|Feb 27 2018||Motion to extend the time to file a response is granted and the time is extended to and including April 2, 2018.|
|Feb 27 2018||Brief amici curiae of Institute for Justice and National Federation of Independent Business filed.|
|Apr 02 2018||Brief of respondents City of Berkeley, et al. in opposition filed.|
|Apr 17 2018||Reply of petitioner CTIA - The Wireless Association filed.|
|Apr 18 2018||DISTRIBUTED for Conference of 5/10/2018.|
|Jun 27 2018||DISTRIBUTED for Conference of 6/27/2018.|
|Jun 28 2018||Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of National Institute of Family and Life Advocates v. Becerra, 585 U. S. ____ (2018).|
|Jul 30 2018||JUDGMENT ISSUED.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
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