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Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 17-5171 · judgment December 26, 2017


Certiorari denied · January 7, 2019
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Does a plaintiff suffer an Article III injury in fact “when the plaintiff fails to obtain information which must be publicly disclosed pursuant to a statute,” Fed. Election Comm'n v. Akins, 524 U.S. 11, 21 (1998)?

  2. Does a court’s constitutional authority to adjudicate a claim arising under a federal statute depend on what Congress “had in mind” when it enacted that statute?

  3. Whether this Court should vacate the court of appeals’ judgment pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950)?

Counsel of record

For petitioner
Marc Rotenberg
Electronic Privacy Information Center

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
17A1406

Proceedings

  1. Jan 07 2019
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Dec 12 2018
    Reply of petitioner Electronic Privacy Information Center filed.
  4. Nov 30 2018
    Brief of respondents Presidential Advisory Commission on Election Integrity, et al. in opposition filed.
  5. Oct 19 2018
    Motion to extend the time to file a response from October 31, 2018 to November 30, 2018, submitted to The Clerk.
  6. Oct 19 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including November 30, 2018.
  7. Sep 27 2018
    Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2018.
  8. Sep 26 2018
    Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
  9. Aug 30 2018
    Petition for a writ of certiorari filed. (Response due October 1, 2018)
  10. Jun 26 2018
    Application (17A1406) granted by The Chief Justice extending the time to file until August 30, 2018.
  11. Jun 21 2018
    Application (17A1406) to extend the time to file a petition for a writ of certiorari from July 1, 2018 to August 30, 2018, submitted to The Chief Justice.