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Houston Community College System v. Wilson

Docket No.20-804
Op. Below5th Cir.
ArgumentNov 2, 2021

Holding

Respondent David Wilson does not possess an actionable First Amendment claim arising from his purely verbal censure by the Board of Trustees of the Houston Community College System.

Judgment

Reversed, 9-0, in an opinion by Neil Gorsuch on Mar 24, 2022.

Proceedings & orders timeline

Dec 11, 2020
Petition for a writ of certiorari filed. (Response due January 13, 2021)
Dec 30, 2020
Motion to extend the time to file a response from January 13, 2021 to February 12, 2021, submitted to The Clerk.
Dec 31, 2020
Motion to extend the time to file a response is granted and the time is extended to and including February 12, 2021.
Jan 13, 2021
Brief amicus curiae of Texas Association of School Boards Legal Assistance Fund filed.
Jan 29, 2021
Motion to extend the time to file a response from February 12, 2021 to March 22, 2021, submitted to The Clerk.
Feb 1, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including March 22, 2021.
Mar 22, 2021
Brief of respondent David Buren Wilson in opposition filed.
Mar 26, 2021
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
Mar 31, 2021
DISTRIBUTED for Conference of 4/16/2021.
Mar 31, 2021
Reply of petitioner Houston Community College System filed. (Distributed)
Apr 19, 2021
DISTRIBUTED for Conference of 4/23/2021.
Apr 26, 2021
Petition GRANTED.
Jun 1, 2021
Motion for an extension of time to file the briefs on the merits filed.
Jun 4, 2021
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 14, 2021. The time to file respondent's brief on the merits is extended to and including September 17, 2021.
Jun 24, 2021
Blanket Consent filed by Petitioner, Houston Community College System
Jun 24, 2021
Blanket Consent filed by Respondent, David Buren Wilson
Jul 14, 2021
Brief of petitioner Houston Community College System filed.
Jul 14, 2021
Joint appendix filed. (Statement of costs filed)
Jul 19, 2021
Brief amici curiae of Texas Association of School Boards Legal Assistance Fund, et al. filed.
Jul 20, 2021
Brief amicus curiae of Foundation for Individual Rights in Education in support of neither party filed.
Jul 21, 2021
Brief amicus curiae of United States filed.
Jul 21, 2021
Brief amicus curiae of Association of Governing Boards of Universities and Colleges filed.
Jul 21, 2021
Brief amici curiae of The State of Texas, et al. filed.
Jul 21, 2021
Brief amicus curiae of American Jewish Committee filed.
Aug 16, 2021
ARGUMENT SET FOR Tuesday, November 2, 2021.
Sep 1, 2021
Record requested from the U.S.C.A. 5th Circuit.
Sep 1, 2021
The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Sep 17, 2021
Brief of respondent David Buren Wilson filed. (Distributed)
Sep 21, 2021
CIRCULATED
Sep 24, 2021
Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Sep 24, 2021
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Oct 12, 2021
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 15, 2021
Reply of petitioner Houston Community College System filed. (Distributed)
Oct 18, 2021
The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondent.
Oct 28, 2021
The record from the U.S.D.C. Southern District of Texas has been electronically filed.
Nov 2, 2021
Argued. For petitioner: Richard A. Morris, Houston, Tex.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: MIchael B. Kimberly, Washington, D. C.
Mar 24, 2022
Judgment REVERSED. Gorsuch, J., delivered the opinion for a unanimous Court.
Apr 25, 2022
JUDGMENT ISSUED.

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