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Mckesson v. Doe

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
23-373 5th Cir. TBD TBD TBD TBD TBD

Issue: Whether the First Amendment and this court’s decision in NAACP v. Claiborne Hardware Co. foreclose a state law negligence action making a leader of a protest demonstration personally liable in damages for injuries inflicted by an unidentified person’s violent act, when it is undisputed that the leader neither authorized, directed, nor ratified the perpetrator’s act, nor engaged in or intended violence of any kind.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 30 2023Application (23A209) to extend the time to file a petition for a writ of certiorari from September 14, 2023 to October 5, 2023, submitted to Justice Alito.
Sep 06 2023Application (23A209) granted by Justice Alito extending the time to file until October 5, 2023.
Oct 05 2023Petition for a writ of certiorari filed. (Response due November 9, 2023)
Nov 07 2023Brief amicus curiae of First Amendment Scholar John D. Inazu filed.
Nov 08 2023Brief amicus curiae of National Association for the Advancement of Colored People filed.
Nov 09 2023Brief amici curiae of Floyd Abrams, et al. filed.
Nov 09 2023Brief amicus curiae of Thurgood Marshall Civil Rights Center filed.
Nov 09 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.
Nov 28 2023Waiver of right of respondent John Doe to respond filed.
Nov 29 2023DISTRIBUTED for Conference of 1/5/2024.
Dec 04 2023Response Requested. (Due January 3, 2024)
Dec 15 2023Brief amicus curiae of The Rutherford Institute filed.
Jan 03 2024Brief of respondent John Doe in opposition filed.
Jan 17 2024DISTRIBUTED for Conference of 2/16/2024.
Jan 22 2024Reply of petitioner DeRay Mckesson filed. (Distributed)
Feb 20 2024DISTRIBUTED for Conference of 2/23/2024.