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National Association of Optometrists and Opticians v. Harris

Certiorari Denied

Petition for certiorari denied on February 19, 2013.

Docket No.12-461
Op. Below9th Cir.

Issue

Whether the court of appeals erred in holding that a state regime that reserves a valuable business opportunity to in-state businesses, and excludes out-of-state businesses that compete for the same customers in the same market, can escape meaningful scrutiny simply on the ground that the direct competitors employ different business models or are otherwise deemed differently situated by the state.

Proceedings & orders timeline

Aug 31, 2012
Application (12A225) to extend the time to file a petition for a writ of certiorari from September 11, 2012 to October 11, 2012, submitted to Justice Kennedy.
Sep 10, 2012
Application (12A225) granted by Justice Kennedy extending the time to file until October 11, 2012.
Oct 11, 2012
Petition for a writ of certiorari filed. (Response due November 14, 2012)
Oct 16, 2012
Waiver of right of respondents Kamala D. Harris, Attorney General of California, et al. to respond filed.
Oct 29, 2012
DISTRIBUTED for Conference of November 20, 2012.
Nov 6, 2012
Letter of November 6, 2012, from counsel for petitioners received. (Distributed)
Nov 7, 2012
Brief amici curiae of Constitutional Law Professors filed. (Distributed)
Nov 13, 2012
Brief amici curiae of Timothy J. Muris and Christine A. Varney filed. (Distributed)
Nov 13, 2012
Brief amici curiae of Opticians Association of America, et al. filed. (Distributed)
Nov 13, 2012
Brief amicus curiae of Specialty Wine Retailers Association filed. (Distributed)
Nov 14, 2012
Brief amici curiae of National Retail Federation, et al. filed. (Distributed)
Nov 14, 2012
Brief amici curiae of Walgreen Co., et al. filed. (Distributed)
Nov 15, 2012
Response Requested . (Due December 17, 2012)
Dec 5, 2012
Order extending time to file response to petition to and including January 16, 2013.
Jan 16, 2013
Brief of respondents Kamala D. Harris, Attorney General of California, et al. in opposition filed.
Jan 29, 2013
Reply of petitioners National Association of Optometrists and Optometrists, et al. filed.
Jan 30, 2013
DISTRIBUTED for Conference of February 15, 2013.
Feb 19, 2013
Petition DENIED.

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