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Brown v. Buhman

Petition for certiorari denied on January 23, 2017

Docket No. Argument Opinion Vote Author Term
16-333 N/A N/A N/A N/A OT 2016

Issue: (1) Whether the government can seek to moot a lawsuit challenging the constitutionality of a statute by adopting a new non-enforcement policy during the pendency of litigation; (2) whether the government can later moot by voluntary cessation a subsequently filed lawsuit challenging the constitutionality of a statute under which the government publicly threatened a party with prosecution; and (3) when a district court makes underlying findings of fact in the course of adjudicating a claim under the voluntary cessation doctrine, under what standard of review those findings should be examined on appeal.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/01/2016Application (16A117) to extend the time to file a petition for a writ of certiorari from August 11, 2016 to September 10, 2016, submitted to Justice Sotomayor.
08/03/2016Application (16A117) granted by Justice Sotomayor extending the time to file until September 10, 2016.
09/12/2016Petition for a writ of certiorari filed. (Response due October 17, 2016)
10/14/2016Waiver of right of respondent Jeffrey R. Buhman to respond filed.
10/25/2016DISTRIBUTED for Conference of November 10, 2016.
10/26/2016Response Requested . (Due November 25, 2016)
11/10/2016Order extending time to file response to petition to and including December 27, 2016.
12/27/2016Brief of respondent Jeffrey R. Buhman in opposition filed.
01/03/2017DISTRIBUTED for Conference of January 19, 2017.
01/03/2017Reply of petitioners Kody Brown, et al. filed. (Distributed)
01/23/2017Petition DENIED.