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Gary E. Johnson, et al. v. Commission on Presidential Debates, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-7107 · judgment August 29, 2017


Certiorari denied · February 20, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the exclusionary rules for participation in presidential debates established by an agreement between the Commission on Presidential Debates, a joint venture of the Republican and Democratic National Committees, and the presidential nominees of the Republican and Democratic Parties, to destroy or cripple competition by third party nominees or independent candidates in highly commercialized general election campaigns fall within the sweeping ambit of the Sherman Antitrust Act, 15 U.S.C. Sections 1 and 2, and the Clayton Act, 15 U.S.C. Sections 15 and 26.

Counsel of record

For petitioner
Bruce Elliott Fein
Bruce Fein Law

For respondent
Charles Herbert Bell Jr.
Bell, McAndrews & Hiltachk

Case

Conference history
Distributed for 1 conference

Linked docket
17A565

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Jan 17 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Jan 10 2018
    Waiver of right of respondents Democratic National Committee; Barack Obama to respond filed.
  4. Jan 10 2018
    Waiver of right of respondent Republican National Committee to respond filed.
  5. Jan 09 2018
    Waiver of right of respondent Willard Mitt Romney to respond filed.
  6. Jan 05 2018
    Waiver of right of respondents Commission on Presidential Debates; F. Fahrenkopf, Jr.; M. McCurry to respond filed.
  7. Dec 27 2017
    Petition for a writ of certiorari filed. (Response due January 29, 2018)
  8. Nov 21 2017
    Application (17A565) granted by The Chief Justice extending the time to file until December 27, 2017.
  9. Nov 13 2017
    Application (17A565) to extend the time to file a petition for a writ of certiorari from November 27, 2017 to December 27, 2017, submitted to The Chief Justice.