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Institute for Free Speech v. Becerra

The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Americans for Prosperity Foundation v. Bonta, on July 2, 2021.
Docket No. Op. Below Argument Opinion Vote Author Term
19-793 9th Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether a state official’s demand for all significant donors to a nonprofit organization, as a precondition to engaging in constitutionally protected speech, constitutes a First Amendment injury; and (2) whether official demands for membership or donor information outside the electoral context should be reviewed under strict or exacting scrutiny.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 18 2019Petition for a writ of certiorari filed. (Response due January 21, 2020)
Jan 14 2020Waiver of right of respondent Xavier Becerra, Attorney General of California to respond filed.
Jan 17 2020Letter of January 15, 2020 from counsel for petitioner received.
Jan 21 2020Brief amicus curiae of The Cato Institute filed. (Distributed)
Jan 22 2020DISTRIBUTED for Conference of 2/21/2020.
Jan 30 2020Response Requested. (Due March 2, 2020)
Feb 19 2020Motion to extend the time to file a response from March 2, 2020 to April 1, 2020, submitted to The Clerk.
Feb 25 2020Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2020.
Feb 28 2020Brief amicus curiae of Liberty Justice Center filed.
Mar 02 2020Brief amici curiae of Project for Privacy & Surveillance Accountability and Pacific Research Institute filed.
Mar 24 2020Motion to extend the time to file a response from April 1, 2020 to May 1, 2020, submitted to The Clerk.
Mar 25 2020Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2020.
May 01 2020Brief of respondent Xavier Becerra, Attorney General of California in opposition filed.
May 15 2020Reply of petitioner Institute for Free Speech filed. (Distributed)
May 19 2020DISTRIBUTED for Conference of 6/4/2020.
May 29 2020Rescheduled.
Dec 09 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020Supplemental brief of petitioner Institute for Free Speech filed. (Distributed)
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Americans for Prosperity Foundation v. Bonta, 594 U. S. ___ (2021).
Aug 03 2021JUDGMENT ISSUED.