Americans for Prosperity Foundation v. Bonta
Consolidated with Thomas More Law Center v. Bonta (19-255)
Holding
The U.S. Court of Appeals for the 9th Circuit's judgment, which vacated the district court's injunction of California's compelled disclosure of I.R.S. Form 990 Schedule Bs as not narrowly tailored to the state's interest in investigating charitable misconduct, is reversed, and the cases are remanded.
Judgment
Reversed and remanded, 6-3, in an opinion by John Roberts on Jul 1, 2021. Justices Kavanaugh and Barrett joined the court's opinion in full, Justices Alito and Gorsuch joined except as to Part II–B–1, and Justice Thomas joined except as to Parts II–B–1 and III–B. Justice Alito filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined.
May 28, 2019Application (18A1224) to extend the time to file a petition for a writ of certiorari from June 27, 2019 to August 26, 2019, submitted to Justice Kagan.
May 28, 2019Application (18A1224) granted by Justice Kagan extending the time to file until August 26, 2019.
Aug 26, 2019Petition for a writ of certiorari filed. (Response due September 25, 2019)Sep 6, 2019Blanket Consent filed by Petitioner, Americans for Prosperity Foundation.Sep 9, 2019Motion to extend the time to file a response from September 25, 2019 to October 25, 2019, submitted to The Clerk.Sep 11, 2019Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2019.
Sep 24, 2019Brief amicus curiae of Pacific Legal Foundation filed.Sep 24, 2019Brief amicus curiae of Liberty Justice Center filed.Sep 24, 2019Brief amicus curiae of Institute for Justice filed. VIDED.Sep 25, 2019Brief amici curiae of Pacific Research Institute, Project for Privacy and Surveillance Accountability filed.Sep 25, 2019Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDEDSep 25, 2019Brief amicus curiae of The Buckeye Institute filed.Sep 25, 2019Brief amicus curiae of American Center for Law and Justice filed. VIDED.Sep 25, 2019Brief amici curiae of Public Interest Legal Foundation, Center for Constitutional Jurisprudence, Foundation for Michigan Freedom and Texas Public Policy Foundation filed. VIDED.Sep 25, 2019Brief amicus curiae of The National Association of Manufacturers filed.Sep 25, 2019Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.Sep 25, 2019Brief amicus curiae of Hispanic Leadership Fund filed. VIDED.Sep 25, 2019Brief amici curiae of Cato Institute, et al. filed. VIDED.Sep 25, 2019Brief amici curiae of Philanthropy Roundtable, et al. filed. VIDED.Sep 25, 2019Brief amici curiae of 24 Family Policy Organizations filed. VIDED.Sep 25, 2019Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.Sep 25, 2019Brief amicus curiae of Council on American-Islamic Relations filed.Sep 25, 2019Brief amicus curiae of Public Integrity Alliance filed.Sep 25, 2019Brief amicus curiae of Judicial Watch, Inc. filed.Sep 25, 2019Brief amici curiae of States of Arizona et al. filed.Sep 25, 2019Brief amicus curiae of American Target Advertising, Inc. filed.Sep 25, 2019Brief amicus curiae of Institute for Free Speech filed. VIDED.Sep 25, 2019Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.Oct 3, 2019Motion to extend the time to file a response from October 25, 2019 to November 25, 2019, submitted to The Clerk.Oct 7, 2019Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2019.
Nov 25, 2019Brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California in opposition filed. VIDED.Dec 10, 2019Reply of petitioner Americans for Prosperity Foundation filed.Dec 11, 2019DISTRIBUTED for Conference of 1/10/2020.
Jan 13, 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 21, 2020DISTRIBUTED for Conference of 1/24/2020.
Feb 14, 2020DISTRIBUTED for Conference of 2/21/2020.
Feb 24, 2020The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 24, 2020Brief amicus curiae of United States filed. VIDED.Dec 9, 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 9, 2020Supplemental brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California filed. VIDED. (Distributed)Jan 8, 2021Petition GRANTED. The petition for a writ of certiorari in No. 19-255 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 8, 2021Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-251. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-251. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 29, 2021Blanket Consent filed by Petitioner, Thomas More Law Center (in 19-255).Feb 5, 2021Blanket Consent filed by Petitioner, Americans for Prosperity FoundationFeb 22, 2021Brief of petitioner Thomas More Law Center filed (in 19-255).Feb 22, 2021Joint appendix filed (in 19-255). (Statement of costs filed.)Feb 22, 2021Brief of petitioner Americans for Prosperity Foundation filed (in 19-251).Feb 22, 2021Joint appendix filed (in 19-251). (Statement of costs filed)Feb 23, 2021Brief amicus curiae of James Madison Center for Free Speech filed. VIDEDFeb 24, 2021Brief amicus curiae of Council on American-Islamic Relations filed (in 19-251).Feb 24, 2021Brief amici curiae of Pacific Legal Foundation, Southeastern Legal Foundation, and Center for Constitutional Jurisprudence filed. VIDED.Feb 24, 2021Brief amicus curiae of Goldwater Institute and Rio Grande Foundation filed. VIDED.Feb 25, 2021Brief amici curiae of Concerned Women for America, et al. filed. VIDED.Feb 26, 2021Brief amici curiae of National Taxpayers Union Foundation, et al. filed. VIDED.Feb 26, 2021Brief amicus curiae of Randy Elf filed. VIDED.Feb 26, 2021Brief amici curiae of Public Interest Legal Foundation and Foundation for Michigan Freedom filed. VIDED.Feb 26, 2021Brief amicus curiae of American Target Advertising, Inc. filed. VIDED.Mar 1, 2021Amicus brief of Philanthropy Roundtable, Independent Women's Forum, and People United for Privacy Foundation not accepted for filing. (March 02, 2021 - corrected brief to be submitted.)
Mar 1, 2021Brief amicus curiae of Philanthropy Roundtable filed. VIDED.Mar 1, 2021Amicus brief of The Electronic Frontier Foundation, et al. not accepted for filing. (March 02, 2021) (efiling will be resubmitted)
Mar 1, 2021Brief amicus curiae of Center for Equal Opportunity filed. VIDED.Mar 1, 2021Brief amicus curiae of Citizen Power Initiatives for China filed. VIDED.Mar 1, 2021Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.Mar 1, 2021Brief amicus curiae of The American Legislative Exchange Council filed. VIDED.Mar 1, 2021Brief amicus curiae of The Floyd Abrams Institute for Freedom of Expression at Yale Law School in support of neither party filed. VIDED.Mar 1, 2021Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.Mar 1, 2021Brief amicus curiae of Institute for Free Speech filed. VIDED.Mar 1, 2021Brief amici curiae of Association of National Advertisers (ANA) and the ANA Non-Profit Federation filed. VIDED.Mar 1, 2021Brief amici curiae of Hispanic Leadership Fund, et al. filed. VIDED.Mar 1, 2021Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED.Mar 1, 2021Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.Mar 1, 2021Brief amicus curiae of American Center for Law and Justice filed. VIDED.Mar 1, 2021Brief amicus curiae of Liberty Justice Center filed. VIDED.Mar 1, 2021Brief amici curiae of American Civil Liberties Union, Inc., et al. filed. VIDED.Mar 1, 2021Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.Mar 1, 2021Brief amicus curiae of The Legacy Foundation filed. VIDED.Mar 1, 2021Brief amicus curiae of Independent Women's Law Center filed. VIDED.Mar 1, 2021Brief amici curiae of The Nonprofit Alliance Foundation, et al. filed. VIDED.Mar 1, 2021Brief amicus curiae of China Aid Association filed. VIDEDMar 1, 2021Brief amicus curiae of Thomas More Society filed. VIDEDMar 1, 2021Brief amici curiae of State of Arizona, et al. filed. VIDED.Mar 1, 2021Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.Mar 1, 2021Brief amici curiae of Congressman John Sarbanes and Democracy 21 in support of neither party filed. VIDED.Mar 1, 2021Brief amici curiae of Protect The 1st and Pacific Research Institute filed. VIDED.Mar 1, 2021Brief amicus curiae of United States supporting vacatur and remand filed. VIDED.Mar 1, 2021Brief amici curiae of The Electronic Frontier Foundation, et al. filed. VIDED.Mar 1, 2021Brief amici curiae of Citizens United and Citizens United Foundation filed. VIDED.Mar 1, 2021Brief amicus curiae of Institute for Justice filed. VIDED.Mar 1, 2021Brief amici curiae of The National Association of Manufacturers, et al. filed. VIDED.Mar 1, 2021Brief amicus curiae of Senator Mitch McConnell filed. VIDED.Mar 1, 2021Brief amici curiae of Cato Institute, et al. filed.Mar 1, 2021Brief amicus curiae of Freedom Foundation filed.Mar 1, 2021Brief amici curiae of The Buckeye Institute, et al. filed. VIDED.Mar 9, 2021Application (20A148) to file respondent's consolidated brief on the merits in excess of the word limit, submitted to Justice Kagan. VIDED.Mar 11, 2021Motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED.Mar 12, 2021SET FOR ARGUMENT on Monday, April 26, 2021. VIDED.
Mar 12, 2021Application (20A148) granted by Justice Kagan to file respondent's consolidated brief on the merits in excess of the word limit. The brief may not exceed 15,000 words. VIDED.
Mar 12, 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.Mar 15, 2021Record requested.
Mar 15, 2021The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Mar 24, 2021Brief of Matthew Rodriquez, Acting Attorney General of California not accepted for filing. (Corrected and reprinted brief submitted - March 25, 2021)
Mar 24, 2021Brief of respondent Matthew Rodriquez, Acting Attorney General of California filed (Mar. 25, 2021). VIDED.Mar 30, 2021CIRCULATED
Mar 30, 2021Brief amicus curiae of The California Association of Nonprofits filed. VIDED. (Distributed)Mar 31, 2021Brief amici curiae of States of New York, et al. filed. VIDED. (Distributed)Mar 31, 2021Brief amicus curiae of CharityWatch filed. VIDED. (Distributed)Mar 31, 2021Brief amici curiae of Scholars of the Law of Non-Profit Organizations filed. VIDED. (Distributed)Mar 31, 2021Brief amici curiae of Public Citizen and Public Citizen Foundation filed. VIDED. (Distributed)Mar 31, 2021Brief amici curiae of U.S. Senators filed (in 19-251). (Distributed)Mar 31, 2021Amicus brief of Legal Historians not accepted for filing. (April 06, 2021 - Corrected brief submitted.)
Mar 31, 2021Brief amici curiae of Legal Historians filed. VIDED. (Distributed)Mar 31, 2021Brief amicus curiae of National Council of Nonprofits filed. VIDED. (Distributed)Mar 31, 2021Amicus brief of Campaign Legal Center, et al. not accepted for filing. (Corrected brief submitted)
Mar 31, 2021Brief amici curiae of Campaign Legal Center, et al. filed. VIDED. (April 17, 2021). (Distributed)Apr 5, 2021Motion of petitioners for divided argument is DENIED; motion of petitioners for enlargement of time for oral argument is GRANTED, and the time is allotted as follows: 30 minutes for petitioners, 10 minutes for the Acting Solicitor General, and 30 minutes for respondent.
Apr 5, 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 16, 2021Reply of petitioner Americans for Prosperity Foundation filed (in 19-251). (Distributed)Apr 17, 2021Motion to file the reply brief out of time filed by petitioner Thomas More Law Center (in 19-255). (Distributed)Apr 24, 2021Motion of Thomas More Law Center to file a reply brief out of time GRANTED.
Apr 26, 2021Argued. For petitioners: Derek L. Shaffer, Washington, D. C. For United States, as amicus curiae: Elizabeth B. Prelogar, Acting Solicitor General, Department of Justice, Washington, D. C. For respondent: Aimee A. Feinberg, Deputy Solicitor General, Sacramento, Cal. VIDED.
Jul 1, 2021Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, except as to Part II– B–1. Kavanaugh and Barrett, JJ., joined that opinion in full, Alito and Gorsuch, JJ., joined except as to Part II–B–1, and Thomas, J., joined except as to Parts II–B–1 and III–B. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Alito, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined. VIDED.
Aug 2, 2021JUDGMENT ISSUED.
Recommended Citation: Americans for Prosperity Foundation v. Bonta, SCOTUSblog, https://www.scotusblog.com/cases/americans-for-prosperity-foundation-v-becerra/