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Evergreen Freedom Foundation, dba Freedom Foundation v. Washington

Paid petition · Supreme Court of Washington, No. 95281-7 · judgment January 10, 2019

Certiorari denied · May 28, 2019
Pre-decision estimate: 3% cert probability

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

Questions presented

Petitioner presents two issues for review:

  1. Do Washington campaign finance statutes Wash. Rev. Code §§ 42.17A.255 and 42.17A.005 violate Due Process under the Fifth and Fourteenth Amendments because they are vague as applied to legal services provided to citizens engaged in litigation pertaining to proposed initiative petitions when no campaign or election ever occurred?

  2. Does Washington’s enforcement action under the Fair Campaign Practices Act, Wash. Rev. Code §§ 42.17A.255 et seq. violate the First Amendment to the United States Constitution—made applicable to the States through the Fourteenth Amendment to the United States Constitution—when it is extended to cover legal fees for litigation concerning Washington’s local ballot initiative process where no campaign or election ever occurred?

Counsel of record

For petitioner
Jason Brett Torchinsky
Holtzman Vogel Baran Torchinsky Josefiak PLLC

For respondent
Anne Elizabeth Egeler

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Jun 17 2019
    Motion for leave to file amicus brief filed by National Right to Work Legal Defense Foundation, Inc. GRANTED.
  2. Jun 10 2019
    Motion for leave to file amicus brief filed by National Right to Work Legal Defense Foundation, Inc. DISTRIBUTED for Conference of 6/13/2019.
  3. May 28 2019
    Petition DENIED.
  4. May 13 2019
    Motion for leave to file amicus brief filed by National Right to Work Legal Defense Foundation, Inc. (Distributed)
  5. May 13 2019
    Brief amici curiae of Liberty Justice Center, 60 Plus Association, Alliance Defending Freedom, Americans for Tax Reform, Beacon Center, Center for Worker Freedom, Center of the American Experiment, and Wisconsin Institute for Law & Liberty filed. (Distributed)
  6. May 13 2019
    Brief amici curiae of Cato Institute and The Institute for Free Speech filed. (Distributed)
  7. May 07 2019
    DISTRIBUTED for Conference of 5/23/2019.
  8. Apr 25 2019
    Waiver of right of respondent State of Washington to respond filed.
  9. Apr 25 2019
    Blanket Consent filed by Petitioner, Evergreen Freedom Foundation d/b/a Freedom Foundation.
  10. Apr 10 2019
    Petition for a writ of certiorari filed. (Response due May 13, 2019)