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PhRMA v. O’Day

Pending petition

Docket No. Op. BelowArgument Opinion Vote Author Term
25-1018 9th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether a government reporting requirement is subject to intermediate First Amendment scrutiny, and satisfies such scrutiny, so long as it aims to correct “information asymmetries” that are “product-specific”; and (2) whether entities that operate in “highly regulated” industries categorically lack reasonable investment-backed expectations in their trade secrets for purposes of the Takings Clause.

DateProceedings and Orders (key to color coding)
01/08/2026Application (25A806) to extend the time to file a petition for a writ of certiorari from January 21, 2026 to February 20, 2026, submitted to Justice Kagan.
01/12/2026Application (25A806) granted by Justice Kagan extending the time to file until February 20, 2026.
02/20/2026Petition for a writ of certiorari filed. (Response due March 26, 2026)
03/16/2026Waiver of right of respondent Sean O'Day, in his official capacity as Director of the Oregon Department of Consumer and Business Services to respond filed.
03/25/2026DISTRIBUTED for Conference of 4/17/2026.
03/26/2026Brief amicus curiae of X.AI, LLC filed.
03/30/2026Response Requested. (Due April 29, 2026)