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Veronica Price, et al. v. City of Chicago, Illinois, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-2196 · judgment February 13, 2019


Certiorari denied · July 2, 2020
Pre-decision estimate: 1% cert probability

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

Question presented

Chicago has made it a crime for a speaker to approach within eight feet of another person “for the purpose of passing a leaflet or handbill, displaying a sign to, or engaging in oral protest, education, or counseling,” without express consent. This “bubble zone” ordinance applies within 50 feet of the entrance to an abortion clinic or other medical facility. Petitioners brought a §1983 suit alleging that the Chicago ordinance violated the First Amendment. The district court upheld Chicago’s speech restriction based on this Court’s decision in Hill v. Colorado, 530 U.S. 703 (2000). The Seventh Circuit affirmed on the ground that Hill is still binding precedent on the lower courts, but emphasized that Hill is “incompatible with current First Amendment doctrine as explained in Reed [v. Town of Gilbert, 135 S. Ct. 2218 (2015)] and McCullen [v. Coakley, 134 S. Ct. 2518 (2014)].” App. 21. The panel recognized that “Hill’s content-neutrality holding is hard to reconcile with both McCullen and Reed . . . and [Hill’s] narrow-tailoring holding is in tension with McCullen.” App. 2. The question presented is whether this Court should reconsider Hill in light of the Court’s intervening decisions in Reed and McCullen.

Counsel of record

For petitioner
Thomas Gerald Olp
Thomas More Society

For respondent
Benna Ruth Solomon
Corporation Counsel of the City of Chicago

Case

Conference history
Distributed for 2 conferences

Amicus briefs
8 cert-stage

Linked docket
18A1114

Proceedings

  1. Jul 02 2020
    Petition DENIED. Justice Thomas would grant the petition for a writ of certiorari.
  2. Jun 29 2020
    DISTRIBUTED for Conference of 7/1/2020.
  3. Aug 21 2019
    DISTRIBUTED for Conference of 10/1/2019.
  4. Aug 21 2019
    Reply of petitioners Veronica Price, et al. filed. (Distributed)
  5. Aug 07 2019
    Brief of respondents City of Chicago, et al. in opposition filed.
  6. Jul 08 2019
    Brief amicus curiae of American Center for Law and Justice filed.
  7. Jul 08 2019
    Brief amici curiae of 40 Days for Life & Sidewalk Advocates for Life filed.
  8. Jul 08 2019
    Brief amicus curiae of Alliance Defending Freedom filed.
  9. Jul 08 2019
    Brief amici curiae of American Civil Rights Union, et al. filed.
  10. Jul 08 2019
    Brief amicus curiae of Center for Constitutional Jurisprudence filed.
  11. Jul 08 2019
    Brief amicus curiae of Justice and Freedom Fund filed.
  12. Jul 08 2019
    Brief amici curiae of American Family Association and Dr. Alveda King filed.
  13. Jul 08 2019
    Brief amici curiae of Conservative Legal Defense and Education Fund, et al. filed.
  14. Jul 02 2019
    Motion to extend the time to file a response is granted and the time is extended to and including August 7, 2019.
  15. Jun 28 2019
    Motion to extend the time to file a response from July 8, 2019 to August 7, 2019, submitted to The Clerk.
  16. Jun 11 2019
    Blanket Consent filed by Petitioners, Veronica Price, et al.
  17. Jun 04 2019
    Petition for a writ of certiorari filed. (Response due July 8, 2019)
  18. Apr 29 2019
    Application (18A1114) granted by Justice Kavanaugh extending the time to file until June 4, 2019.
  19. Apr 26 2019
    Application (18A1114) to extend the time to file a petition for a writ of certiorari from May 14, 2019 to June 4, 2019, submitted to Justice Kavanaugh.