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Georgia v. Public.Resource.Org Inc.

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Docket No. Op. Below Argument Opinion Vote Author Term
18-1150 11th Cir. Dec 2, 2019 Apr 27, 2020 5-4 Roberts OT 2019

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the respondent in this case.

Holding: Under the government edicts doctrine, the annotations beneath the statutory provisions in the Official Code of Georgia Annotated are ineligible for copyright protection.

Judgment: Affirmed, 5-4, in an opinion by Chief Justice Roberts on April 27, 2020. Justice Thomas filed a dissenting opinion, in which Justice Alito joined in full and Justice Breyer joined except for Part II–A and footnote 6. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 07 2018Application (18A598) to extend the time to file a petition for a writ of certiorari from January 17, 2019 to March 4, 2019, submitted to Justice Thomas.
Dec 20 2018Application (18A598) granted by Justice Thomas extending the time to file until March 4, 2019.
Mar 01 2019Petition for a writ of certiorari filed. (Response due April 4, 2019)
Mar 22 2019Motion to extend the time to file a response from April 4, 2019 to May 3, 2019, submitted to The Clerk.
Mar 27 2019Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2019.
Apr 04 2019Brief amicus curiae of The Software & Information Industry Association filed.
Apr 04 2019Brief amici curiae of Arkansas, et al. filed.
Apr 04 2019Brief amicus curiae of Matthew Bender & Co., Inc. filed.
May 01 2019Motion to extend the time to file a response from May 3, 2019 to May 10, 2019, submitted to The Clerk.
May 01 2019Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2019.
May 06 2019Brief amici curiae of R Street Institute, et al. in support of respondent filed.
May 09 2019Brief amici curiae of Next-Generation Legal Research Platforms and Databases and Digital Accessibility Advocate in support of respondent filed.
May 10 2019Brief of respondent Public.Resource.Org, Inc. in opposition filed.
May 10 2019Brief amici curiae of 119 Law Students, et al. filed.
May 24 2019Reply of petitioners State of Georgia, et al. filed. (Distributed)
May 28 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 24 2019Petition GRANTED.
Jul 02 2019Joint motion for an extension of time to file the briefs on the merits filed.
Jul 09 2019Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 23, 2019. The time to file respondent's brief on the merits is extended to and including October 9, 2019.
Aug 23 2019Joint appendix (3 Volumes) filed. (Statement of costs filed)
Aug 23 2019Brief of petitioners State of Georgia, et al. filed.
Aug 29 2019Brief amicus curiae of National Association of Home Builders in support of neither party filed.
Aug 30 2019Brief amicus curiae of United States filed.
Aug 30 2019Brief amici curiae of American Society For Testing And Materials, et al. in support of neither party filed.
Aug 30 2019Brief amicus curiae of The Software & Information Industry Association filed.
Aug 30 2019Brief amici curiae of Arkansas, et al. filed.
Aug 30 2019Brief amici curiae of International Code Council, Inc. and American Gas Association filed.
Aug 30 2019Brief amicus curiae of Matthew Bender & Co., Inc. filed.
Aug 30 2019Brief amicus curiae of The Copyright Alliance filed.
Sep 13 2019SET FOR ARGUMENT on Monday, December 2, 2019.
Oct 09 2019Brief of respondent Public.Resource.Org, Inc. filed.
Oct 11 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 11 2019Brief amici curiae of The R Street Institute, the Wikimedia Foundation, and Public Knowledge filed.
Oct 15 2019Brief amici curiae of 36 Computational Law Scholars filed.
Oct 15 2019Brief amicus curiae of Internet Association filed.
Oct 16 2019Brief amici curiae of The Center for Democracy and Technology and Cato Institute filed.
Oct 16 2019Brief amici curiae of Current and Former Government Officials filed.
Oct 16 2019Brief amici curiae of American Library Association, et al. filed.
Oct 16 2019Brief amici curiae of Professor Shyamkrishna Balganesh and Professor Peter S. Menell filed.
Oct 16 2019Brief amici curiae of 39 Law Students, 24 Solo and Small-Firm Practitioners of Law, and 38 Legal Educators filed.
Oct 16 2019Brief amici curiae of 116 Law Librarians and 5 Law Library Organizations filed.
Oct 16 2019Brief amici curiae of Next-Generation Legal Research Platforms and Databases filed.
Oct 16 2019Corrected Certificate of Word Count with respect to amici brief of Next-Generation Legal Research Platforms and Databases filed. (Oct 23, 2019).
Oct 16 2019Brief amici curiae of Reporters Committee for Freedom of the Press & 25 Media Organizations filed.
Oct 16 2019Brief amicus curiae of American Intellectual Property Association filed.
Oct 16 2019Brief amici curiae of The American Civil Liberties Union, et al. filed.
Oct 16 2019Brief amici curiae of Brendan Keefe, in His Official Capacity as Chief Investigative Reporter for 11Alive Atlanta, and WXIA-TV filed.
Oct 16 2019Brief amici curiae of Tennessee Coalition for Open Government and Human Rights Defense Center filed.
Oct 16 2019Brief amici curiae of Electronic Privacy Information Center, et al. filed.
Oct 16 2019Brief amici curiae of Print Disability Advocates filed.
Oct 16 2019Brief amici curiae of Law Professors Nina Mendelson, et al. filed.
Oct 16 2019Brief amicus curiae of Caselaw Access Project filed.
Oct 23 2019Record requested from the U.S.C.A. 11th Circuit.
Oct 25 2019CIRCULATED
Nov 04 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 08 2019Reply of petitioners State of Georgia, et al. filed. (Distributed)
Dec 02 2019Argued. For petitioners: Joshua S. Johnson, Washington, D. C.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Eric F. Citron, Bethesda, Md.
Apr 27 2020Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined, and in which Breyer, J., joined as to all but Part II–A and footnote 6. Ginsburg, J., filed a dissenting opinion, in which Breyer, J., joined.
May 29 2020JUDGMENT ISSUED.