O’Connor-Ratcliff v. Garnier
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-324 | 9th Cir. |
Oct 31, 2023 |
Mar 15, 2024 | TBD | Per Curiam | OT 2023 |
Holding: The U.S. Court of Appeals for the 9th Circuit’s judgment — that 42 U.S.C. § 1983’s state-action requirement was satisfied because of the “close nexus” between petitioners’ social media pages and their positions as public officials — is vacated, and the case is remanded in light of Lindke v. Freed.
Judgment: Vacated and remanded in a per curiam opinion on March 15, 2024.
SCOTUSblog Coverage
- Public officials can be held liable for blocking critics on social media (Amy Howe, March 15, 2024)
- Justices weigh rules for when public officials can block critics on social media (Amy Howe, October 31, 2023)
- Justices consider liability for officials who block critics on social media (Amy Howe, October 30, 2023)
- Major Second and First Amendment cases headline November sitting (Amy Howe, October 26, 2023)
- Supreme Court sets seven cases for November argument session (Amy Howe, September 6, 2023)
- Justices add two cases on liability of officials who block critics on social media (Amy Howe, April 24, 2023)
- Is it unconstitutional for an elected official to block critics on social media? (John Elwood, April 20, 2023)
- School-board spat raises recurring question: Can government officials block you on social media? (Kalvis Golde, October 28, 2022)
| Date | Proceedings and Orders |
|---|---|
| Oct 04 2022 | Petition for a writ of certiorari filed. (Response due November 7, 2022) |
| Nov 02 2022 | Motion to extend the time to file a response from November 7, 2022 to December 7, 2022, submitted to The Clerk. |
| Nov 03 2022 | Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2022. |
| Nov 29 2022 | Motion to extend the time to file a response from December 7, 2022 to December 13, 2022, submitted to The Clerk. |
| Dec 01 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including December 13, 2022. |
| Dec 13 2022 | Brief of respondents Christopher Garnier, et ux. in opposition filed. |
| Dec 16 2022 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
| Dec 20 2022 | Reply of petitioners Michelle O’Connor-Ratcliff, et al. filed. (To be recovered - corrected version received and distributed December 27, 2022) (Distributed) |
| Dec 21 2022 | DISTRIBUTED for Conference of 1/6/2023. |
| Jan 04 2023 | Rescheduled. |
| Mar 14 2023 | Supplemental brief of petitioners Michelle O’Connor-Ratcliff and T.J. Zane filed. |
| Mar 22 2023 | DISTRIBUTED for Conference of 4/14/2023. |
| Apr 17 2023 | DISTRIBUTED for Conference of 4/21/2023. |
| Apr 24 2023 | Petition GRANTED. |
| May 01 2023 | Motion for an extension of time filed. |
| May 05 2023 | 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 June 23, 2023. The time to file respondents' brief on the merits is extended to and including August 8, 2023. |
| Jun 23 2023 | Brief of petitioners Michelle O’Connor-Ratcliff and T.J. Zane filed. |
| Jun 23 2023 | Joint appendix filed. (Statement of costs filed) |
| Jun 30 2023 | Brief amicus curiae of United States filed. |
| Jun 30 2023 | Brief amici curiae of The State of Tennessee, et al. filed. |
| Jun 30 2023 | Brief amicus curiae of California School Boards Association filed. |
| Jun 30 2023 | Brief amici curiae of NetChoice, et al. supporting neither party filed. |
| Jun 30 2023 | Brief amicus curiae of The State of Texas filed. |
| Jun 30 2023 | Brief amicus curiae of The NRSC filed (also in 22-611). VIDED. |
| Jun 30 2023 | Brief amici curiae of Local Government Legal Center, et al. supporting neither party filed. |
| Jun 30 2023 | Brief amici curiae of Electronic Frontier Foundation, et al. filed (also in 22-611). VIDED. |
| Aug 08 2023 | Brief of respondents Christopher Garnier and Kimberly Garnier filed. |
| Aug 15 2023 | Brief amicus curiae of Manhattan Institute filed. |
| Aug 15 2023 | Brief amicus curiae of American Atheists, Inc. filed. |
| Aug 15 2023 | Brief amicus curiae of Foundation for Individual Rights and Expression filed. |
| Aug 15 2023 | Brief amici curiae of The American Civil Liberties Union Foundation, et al. filed. |
| Aug 15 2023 | Brief amicus curiae of Protect The First Foundation filed. |
| Aug 15 2023 | Brief amici curiae of First Amendment Clinics, Citizens and Journalists filed. |
| Aug 15 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 06 2023 | SET FOR ARGUMENT on Tuesday, October 31, 2023. |
| Sep 06 2023 | Record requested from the United States Court of Appeals for the Ninth Circuit. |
| Sep 06 2023 | CIRCULATED. |
| Sep 07 2023 | Reply of petitioners Michelle O’Connor-Ratcliff, et al. filed. (Distributed) |
| Sep 29 2023 | Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER. |
| Sep 29 2023 | Record from the United States District Court for the Southern District of California received electronically and available with the Clerk. Sealed material available with the Clerk. |
| Oct 02 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 31 2023 | Argued. For petitioners: Hashim M. Mooppan, Washington, D. C.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Pamela S. Karlan, Stanford, Cal. |
| Mar 15 2024 | Judgment VACATED and case REMANDED for further proceedings consistent with the opinion in Lindke v. Freed, 601 U. S. ____ (2024). Opinion per curiam. |
