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Brach v. Newsom

Certiorari Denied

Petition for certiorari denied on February 21, 2023.

Docket No.22-250
Op. Below9th Cir.

Issue

Whether a case is moot under Article III"s case-or-controversy requirement when the governor rescinds the offending policy after it is challenged in court, but the declaration of emergency remains in place and the governor retains the authority to reinstate the policy.

Proceedings & orders timeline

Sep 13, 2022
Petition for a writ of certiorari filed. (Response due October 17, 2022)
Oct 11, 2022
Waiver of right of respondent Gavin Newsom, et al. to respond filed.
Oct 19, 2022
DISTRIBUTED for Conference of 11/4/2022.
Oct 28, 2022
Response Requested. (Due November 28, 2022)
Nov 8, 2022
Motion to extend the time to file a response from November 28, 2022 to December 28, 2022, submitted to The Clerk.
Nov 9, 2022
Motion to extend the time to file a response is granted and the time is extended to and including December 28, 2022.
Dec 27, 2022
Motion of California Constitutional Rights Foundation and Faith and Freedom Advocates for leave to file amicus brief not accepted for filing. (December 30, 2022)
Dec 27, 2022
Motion for leave to file amicus brief out of time filed by California Constitutional Rights Foundation.
Dec 28, 2022
Brief of respondents Gavin Newsom, Governor of California, et al. in opposition filed.
Jan 6, 2023
Reply of petitioners Matthew Brach, et al. filed.
Jan 11, 2023
DISTRIBUTED for Conference of 2/17/2023.
Feb 21, 2023
Motion for leave to file amicus brief out of time filed by California Constitutional Rights Foundation DENIED.
Feb 21, 2023
Petition DENIED.

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