National Institute of Family and Life Advocates v. Becerra
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 Clarence Thomas on Jun 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.
Mar 20, 2017Petition for a writ of certiorari filed. (Response due April 20, 2017)
Apr 13, 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Apr 13, 2017Waiver of right of respondent Morgan Foley to respond filed.
Apr 14, 2017Order extending time to file response to petition to and including May 24, 2017.
Apr 17, 2017Brief amicus curiae of Liberty, Life and Law Foundation filed.Apr 20, 2017Brief amici curiae of Freedom X and Crisis Pregnancy Clinic of Southern California filed.Apr 20, 2017Brief amicus curiae of Charlotte Lozier Institute filed.Apr 20, 2017Brief amicus curiae of Care Net filed.Apr 20, 2017Brief amici curiae of United States Justice Foundation, et al. filed.Apr 20, 2017Brief amicus curiae of Cato Institute filed.Apr 20, 2017Brief amici curiae of National Association of Evangelicals, Christian Legal Society, et al. filed. VIDEDMay 24, 2017Brief of respondents State Respondents in opposition filed. VIDED.Jun 5, 2017Reply of petitioners National Institute of Family and Life Advocates, dba NIFLA, et al. filed.Jun 6, 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 19, 2017Record Requested.
Jun 19, 2017Record received from the U.S.C.A. 9th Circuit. The record is electronic and available on PACER.
Jun 21, 2017DISTRIBUTED for Conference of September 25, 2017.
Sep 21, 2017Rescheduled.
Oct 2, 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 10, 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 23, 2017DISTRIBUTED for Conference of 10/27/2017.
Oct 30, 2017DISTRIBUTED for Conference of 11/3/2017.
Nov 2, 2017Letter of November 2, 2017, from counsel for petitioner received. (Distributed)
Nov 2, 2017Letter of November 2, 2017, from counsel for respondents received. VIDED (Distributed)
Nov 6, 2017DISTRIBUTED for Conference of 11/9/2017.
Nov 13, 2017Petition 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.
Nov 29, 2017Blanket Consent filed by Petitioners, NIFLA, et al..Dec 20, 2017Joint motion of the parties for an extension of time filed.Dec 22, 2017Joint 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.
Dec 26, 2017Brief amicus curiae of Cato Institute filed.Jan 8, 2018Brief of petitioners NIFLA, et al. filed.Jan 8, 2018Joint appendix filed. (Statement of costs filed.)Jan 11, 2018Brief amici curiae of Twenty-Three Illinois Pregnancy Care Centers filed.Jan 11, 2018Brief amici curiae of 13 Women and The Catholic Association Foundation filed.Jan 12, 2018Brief amici curiae of Massachusetts Citizens for Life, et al. filed.Jan 12, 2018Brief amicus curiae of Justice and Freedom Fund filed.Jan 12, 2018Brief amici curiae of Charlotte Lozier Institute, et al. filed.Jan 12, 2018Brief amicus curiae of Jews for Religious Liberty filed.Jan 15, 2018Brief amicus curiae of Care Net filed.Jan 15, 2018Brief amici curiae of 41 Family Policy Organizations filed.Jan 15, 2018Brief amici curiae of Pregnancy Care Centers in Texas filed.Jan 15, 2018Brief amicus curiae of Human Coalition filed.Jan 15, 2018Brief amicus curiae of Institute for Justice filed.Jan 16, 2018Brief amici curiae of U.S. Conference of Catholic Bishops, et al. filed.Jan 16, 2018Brief amici curiae of American Association of Pro-Life Obstetricians & Gynecologists, et al. filed.Jan 16, 2018Brief amici curiae of State of Texas, et al. filed.Jan 16, 2018Brief amicus curiae of United States Supporting Neither Party filed.Jan 16, 2018Brief amici curiae of The Scharpen Foundation, Inc., Advocates for Faith & Freedom, and National Pro-Life Alliance filed.Jan 16, 2018Brief amicus curiae of First Resort, Inc. filed.Jan 16, 2018Brief amici curiae of Operation Outcry, Texas Justice Foundation, and Priests for Life filed.Jan 16, 2018Brief amici curiae of C12 Group, CEO Forum, Inc., Christian Employers Alliance, Marketplace Leaders filed.Jan 16, 2018Brief amicus curiae of Foundation for Moral Law filed.Jan 16, 2018Brief amici curiae of 144 Members of Congress filed.Jan 16, 2018Brief amici curiae of Legal Scholars filed.Jan 16, 2018Brief amici curiae of Mountain Right to Life, Inc., dba Pregnancy and Family Resource Center, Birth Choice of the Desert and His Nesting Place filed.Jan 16, 2018Brief amici curiae of American Center for Law & Justice, et al. filed.Jan 16, 2018Brief amici curiae of Freedom X and Crisis Pregnancy Clinic of Southern California filed.Jan 16, 2018Brief amicus curiae of Alpha Center, A Pregnancy Help Center Registered Under the Laws of South Dakota filed.Jan 16, 2018Brief amici curiae of Conservative Legal Defense and Education Fund, et al. filed.Jan 16, 2018Brief amicus curiae of David Boyle filed.Jan 16, 2018Brief amicus curiae of Heartbeat International, Inc. filed.Jan 16, 2018Brief amici curiae of National Association of Evangelicals, et al. filed.Jan 24, 2018SET FOR ARGUMENT ON Tuesday, March 20, 2018
Jan 30, 2018Proposal 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.
Feb 7, 2018CIRCULATED
Feb 20, 2018Brief of respondent Thomas E. Montgomery filed. (Distributed)Feb 20, 2018Brief of respondents Becerra, Att'y Gen. of CA, et al. filed. (Distributed)Feb 20, 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Feb 23, 2018Brief amicus curiae of Compassion & Choices filed. (Distributed)Feb 26, 2018Brief amici curiae of Legal Ethicists filed. (Distributed)Feb 26, 2018Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)Feb 27, 2018Brief amici curiae of Members of Congress filed. (Distributed)Feb 27, 2018Brief amici curiae of American Academy of Pediatrics, et al. filed. (Distributed)Feb 27, 2018Brief amici curiae of Planned Parenthood Federation of America and Physicians for Reproductive Health filed. (Distributed)Feb 27, 2018Brief amici curiae of Black Women for Wellness, et al. filed. (Distributed)Feb 27, 2018Brief amici curiae of California Women's Law Center, et al. filed. (Distributed)Feb 27, 2018Brief amici curiae of Equal Rights Advocates, et al. filed. (Distributed)Feb 27, 2018Brief amicus curiae of American Medical Association filed. (Distributed)Feb 27, 2018Brief amici curiae of the States of New York, et al. filed. (Distributed)Feb 27, 2018Brief amici curiae of 51 Reproductive Rights, Civil Rights and Social Justice Organizations filed. (Distributed)Feb 27, 2018Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed)Feb 27, 2018Brief amici curiae of National League of Cities, et al. filed. (Distributed)Feb 27, 2018Brief amici curiae of Social Science Researchers filed.Mar 5, 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 13, 2018Reply of petitioners NIFLA, et al. filed. (Distributed)Mar 16, 2018Letter of respondents Becerra, Att'y Gen. of CA, et al. filed. (Distributed)Mar 20, 2018Argued. 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.
Jun 26, 2018Judgment 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.
Jul 30, 2018JUDGMENT SSUED.
Recommended Citation: National Institute of Family and Life Advocates v. Becerra, SCOTUSblog, https://www.scotusblog.com/cases/national-institute-family-life-advocates-v-becerra/