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Stockton v. Brown

Pending petition

Docket No. Op. BelowArgument Opinion Vote Author Term
25-606 9th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether a federal court may abstain under Younger v. Harris when a state appellate court has held the same enforcement policy unconstitutional, thereby eliminating any ongoing “important state interest” on which abstention could rest; (2) whether physician-petitioners subject to ongoing state disciplinary proceedings for their public speech satisfy all justiciability requirements and are entitled to federal adjudication when: (a) they face concrete enforcement actions establishing Article III standing, (b) the state’s own courts have declared the challenged enforcement policy unconstitutional, and (c) the only barrier to adjudication was Younger abstention, which the state court’s ruling has eliminated; (3) whether petitioners are entitled to preliminary injunctive relief where: (a) the State Medical Commission’s policy is a content- and viewpoint-based restriction on public speech subject to strict scrutiny, (b) the state’s own appellate court has held the policy unconstitutional, (c) respondents presented no evidence of narrow tailoring or less restrictive alternatives, (d) a continuing First Amendment violation constitutes irreparable injury, and (e) enjoining an unconstitutional policy serves the public interest; (4) whether petitioners satisfy Article III standing and all other justiciability requirements to challenge an enforcement policy that restricts access to protected speech on matters of public concern; and (5) whether this court should grant certiorari to resolve professional speech protections in conjunction with Chiles v. Salazar (therapist–client speech, argued Oct. 7, 2025), and Kory v. Bonta (physician–patient speech, cert. pending), as this case presents the third category: physician public viewpoint speech on matters of public concern.

DateProceedings and Orders (key to color coding)
11/20/2025Petition for a writ of certiorari filed. (Response due December 24, 2025)
12/23/2025Waiver of right of respondent Nick Brown, Attorney General of Washington, et al. to respond filed.
12/23/2025Brief amici curiae of America's Frontline Doctors, et al. filed.
12/29/2025Brief amici curiae of America's Future, et al. filed.
01/07/2026DISTRIBUTED for Conference of 1/23/2026.
01/15/2026Response Requested. (Due February 17, 2026)
01/26/2026Motion to extend the time to file a response from February 17, 2026 to April 3, 2026, submitted to The Clerk.
01/28/2026Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2026.
04/02/2026Brief of Nick Brown, Attorney General of Washington, et al. in opposition not accepted for filing. (To be resubmitted - April 7, 2026)
04/02/2026Brief of respondents Nick Brown, Attorney General of Washington, et al. in opposition filed. (Resubmitted - April 7, 2026)
04/06/2026Reply of John Stockton submitted.