National Institute of Family and Life Advocates v. Becerra
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-1140 | Mar 20, 2018 | Jun 26, 2018 | 5-4 | Thomas | OT 2017 |
Holding: Petitioners are likely to succeed on their claim that the California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act (FACT Act) violates the First Amendment.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Thomas on June 26, 2018. Justice Kennedy and Justice Thomas filed concurring opinions. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.
SCOTUSblog Coverage
- The Annual: OT2017 in Review (First Mondays, July 9, 2018)
- OT2017 #31: "Old Paella" (First Mondays, July 2, 2018)
- A "view" from the courtroom: The "court of history" is in session (Mark Walsh, June 26, 2018)
- Opinion analysis: Divided court rules for anti-abortion pregnancy centers in challenge to California law (Amy Howe, June 26, 2018)
- Argument analysis: Justices skeptical of abortion speech law (Amy Howe, March 20, 2018)
- OT2017 #18: "Legal Faux Pas" (First Mondays, March 19, 2018)
- Argument preview: Justices take on First Amendment challenge to state abortion-disclosure laws (Amy Howe, March 14, 2018)
- Justices release March calendar (Amy Howe, January 24, 2018)
- Symposium: NIFLA v. Becerra -- Compelling the truth in health-care delivery (Priscilla Smith, December 14, 2017)
- Symposium: NIFLA v. Becerra -- A Supreme housecleaning continues? (Mark Rienzi, December 14, 2017)
- Symposium: The First Amendment cannot justify lying to women (Julie Rikelman, December 13, 2017)
- Symposium: "Hey California, stop telling us what to say at work!" (Ilya Shapiro, December 13, 2017)
- Symposium: Ensuring accurate information for patients does not violate the First Amendment (Erwin Chemerinsky, December 12, 2017)
- Symposium: If Justice Kennedy thought Colorado was "neither tolerant nor respectful" of a bakers religious beliefs, how will he feel about Californias attack on pro-life pregnancy centers? (John Bursch, December 12, 2017)
- Justices take on First Amendment challenge to state abortion disclosure laws: In Plain English (Amy Howe, December 11, 2017)
- OT2017 #7: Keys to a Valet (First Mondays, November 27, 2017)
- Court grants review in three new cases (Amy Howe, November 13, 2017)
- Petitions of the day (Aurora Barnes, May 27, 2017)
| Date | Proceedings and Orders |
|---|---|
| 03/20/2017 | Petition for a writ of certiorari filed. (Response due April 20, 2017) |
| 04/13/2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 04/13/2017 | Waiver of right of respondent Morgan Foley to respond filed. |
| 04/14/2017 | Order extending time to file response to petition to and including May 24, 2017. |
| 04/17/2017 | Brief amicus curiae of Liberty, Life and Law Foundation filed. |
| 04/20/2017 | Brief amici curiae of Freedom X and Crisis Pregnancy Clinic of Southern California filed. |
| 04/20/2017 | Brief amicus curiae of Charlotte Lozier Institute filed. |
| 04/20/2017 | Brief amicus curiae of Care Net filed. |
| 04/20/2017 | Brief amici curiae of United States Justice Foundation, et al. filed. |
| 04/20/2017 | Brief amicus curiae of Cato Institute filed. |
| 04/20/2017 | Brief amici curiae of National Association of Evangelicals, Christian Legal Society, et al. filed. VIDED |
| 05/24/2017 | Brief of respondents State Respondents in opposition filed. VIDED. |
| 06/05/2017 | Reply of petitioners National Institute of Family and Life Advocates, dba NIFLA, et al. filed. |
| 06/06/2017 | DISTRIBUTED for Conference of June 22, 2017. |
| 06/19/2017 | Record Requested. |
| 06/19/2017 | Record received from the U.S.C.A. 9th Circuit. The record is electronic and available on PACER. |
| 06/21/2017 | DISTRIBUTED for Conference of September 25, 2017. |
| 09/21/2017 | Rescheduled. |
| 10/02/2017 | DISTRIBUTED for Conference of 10/6/2017. |
| 10/10/2017 | DISTRIBUTED for Conference of 10/13/2017. |
| 10/23/2017 | DISTRIBUTED for Conference of 10/27/2017. |
| 10/30/2017 | DISTRIBUTED for Conference of 11/3/2017. |
| 11/02/2017 | Letter of November 2, 2017, from counsel for petitioner received. (Distributed) |
| 11/02/2017 | Letter of November 2, 2017, from counsel for respondents received. VIDED (Distributed) |
| 11/06/2017 | DISTRIBUTED for Conference of 11/9/2017. |
| 11/13/2017 | Petition GRANTED limited to the following question: Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the Free Speech Clause of the First Amendment, applicable to the States through the Fourteenth Amendment. |
| 11/29/2017 | Blanket Consent filed by Petitioners, NIFLA, et al.. |
| 12/20/2017 | Joint motion of the parties for an extension of time filed. |
| 12/22/2017 | Joint motion of the parties to file their opening briefs on the merits is granted and the time to file the joint appendix and petitioner's brief on the merits is extended to and including January 8, 2018, and the time to file respondents' brief on the merits is extended to and including February 20, 2018. |
| 12/26/2017 | Brief amicus curiae of Cato Institute filed. |
| 01/08/2018 | Brief of petitioners NIFLA, et al. filed. |
| 01/08/2018 | Joint appendix filed. (Statement of costs filed.) |
| 01/11/2018 | Brief amici curiae of Twenty-Three Illinois Pregnancy Care Centers filed. |
| 01/11/2018 | Brief amici curiae of 13 Women and The Catholic Association Foundation filed. |
| 01/12/2018 | Brief amicus curiae of Jews for Religious Liberty filed. |
| 01/12/2018 | Brief amicus curiae of Justice and Freedom Fund filed. |
| 01/12/2018 | Brief amici curiae of Charlotte Lozier Institute, et al. filed. |
| 01/12/2018 | Brief amici curiae of Massachusetts Citizens for Life, et al. filed. |
| 01/15/2018 | Brief amicus curiae of Institute for Justice filed. |
| 01/15/2018 | Brief amicus curiae of Care Net filed. |
| 01/15/2018 | Brief amici curiae of 41 Family Policy Organizations filed. |
| 01/15/2018 | Brief amicus curiae of Human Coalition filed. |
| 01/15/2018 | Brief amici curiae of Pregnancy Care Centers in Texas filed. |
| 01/16/2018 | Brief amici curiae of U.S. Conference of Catholic Bishops, et al. filed. |
| 01/16/2018 | Brief amici curiae of National Association of Evangelicals, et al. filed. |
| 01/16/2018 | Brief amici curiae of Freedom X and Crisis Pregnancy Clinic of Southern California filed. |
| 01/16/2018 | Brief amicus curiae of Heartbeat International, Inc. filed. |
| 01/16/2018 | Brief amicus curiae of Foundation for Moral Law filed. |
| 01/16/2018 | Brief amici curiae of Operation Outcry, Texas Justice Foundation, and Priests for Life filed. |
| 01/16/2018 | Brief amici curiae of The Scharpen Foundation, Inc., Advocates for Faith & Freedom, and National Pro-Life Alliance filed. |
| 01/16/2018 | Brief amici curiae of American Association of Pro-Life Obstetricians & Gynecologists, et al. filed. |
| 01/16/2018 | Brief amici curiae of American Center for Law & Justice, et al. filed. |
| 01/16/2018 | Brief amici curiae of C12 Group, CEO Forum, Inc., Christian Employers Alliance, Marketplace Leaders filed. |
| 01/16/2018 | Brief amici curiae of State of Texas, et al. filed. |
| 01/16/2018 | Brief amici curiae of Conservative Legal Defense and Education Fund, et al. filed. |
| 01/16/2018 | Brief amici curiae of Legal Scholars filed. |
| 01/16/2018 | Brief amici curiae of 144 Members of Congress filed. |
| 01/16/2018 | Brief amici curiae of Mountain Right to Life, Inc., dba Pregnancy and Family Resource Center, Birth Choice of the Desert and His Nesting Place filed. |
| 01/16/2018 | Brief amicus curiae of First Resort, Inc. filed. |
| 01/16/2018 | Brief amicus curiae of Alpha Center, A Pregnancy Help Center Registered Under the Laws of South Dakota filed. |
| 01/16/2018 | Brief amicus curiae of United States Supporting Neither Party filed. |
| 01/16/2018 | Brief amicus curiae of David Boyle filed. |
| 01/24/2018 | SET FOR ARGUMENT ON Tuesday, March 20, 2018 |
| 01/30/2018 | Proposal of amici curiae The Sharpen Foundation, Inc., et al. to lodge copies of record material in related case, and copy of legislative history of the Reproductive FACT Act, 2-15 Cal. Stats. Ch. 700. |
| 02/07/2018 | CIRCULATED |
| 02/20/2018 | Brief of respondent Thomas E. Montgomery filed. (Distributed) |
| 02/20/2018 | Brief of respondents Becerra, Att'y Gen. of CA, et al. filed. (Distributed) |
| 02/20/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/23/2018 | Brief amicus curiae of Compassion & Choices filed. (Distributed) |
| 02/26/2018 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| 02/26/2018 | Brief amici curiae of Legal Ethicists filed. (Distributed) |
| 02/27/2018 | Brief amici curiae of Members of Congress filed. (Distributed) |
| 02/27/2018 | Brief amici curiae of Black Women for Wellness, et al. filed. (Distributed) |
| 02/27/2018 | Brief amici curiae of California Women's Law Center, et al. filed. (Distributed) |
| 02/27/2018 | Brief amici curiae of 51 Reproductive Rights, Civil Rights and Social Justice Organizations filed. (Distributed) |
| 02/27/2018 | Brief amicus curiae of American Medical Association filed. (Distributed) |
| 02/27/2018 | Brief amici curiae of American Academy of Pediatrics, et al. filed. (Distributed) |
| 02/27/2018 | Brief amici curiae of Equal Rights Advocates, et al. filed. (Distributed) |
| 02/27/2018 | Brief amici curiae of Planned Parenthood Federation of America and Physicians for Reproductive Health filed. (Distributed) |
| 02/27/2018 | Brief amici curiae of Social Science Researchers filed. |
| 02/27/2018 | Brief amici curiae of National League of Cities, et al. filed. (Distributed) |
| 02/27/2018 | Brief amici curiae of the States of New York, et al. filed. (Distributed) |
| 02/27/2018 | Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed) |
| 03/05/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/13/2018 | Reply of petitioners NIFLA, et al. filed. (Distributed) |
| 03/16/2018 | Letter of respondents Becerra, Att'y Gen. of CA, et al. filed. (Distributed) |
| 03/20/2018 | Argued. For petitioners: Michael P. Farris, Washington, D. C. For United States, as amicus curiae, in support of neither party: Jeffrey B. Wall, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Joshua A. Klein, Deputy Solicitor General, San Francisco, Cal. |
| 06/26/2018 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Alito, and Gorsuch, JJ., joined. Kennedy, J., filed a concurring opinion, in which Roberts, C. J., and Alito and Gorsuch, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| 07/30/2018 | JUDGMENT SSUED. |