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Delano Farms Company, et al. v. California Table Grape Commission

Paid petition · Supreme Court of California, No. S226538 · judgment May 24, 2018

Certiorari denied · November 19, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a petition citing three to ten dissents, a business petitioner, and counsel who has filed here before, and down for a state or local-government respondent.

Question presented

Whether the compelled subsidy of promotional advertising by an industry group may be deemed “government speech,” and thus shielded from First Amendment scrutiny, where no democratically accountable government official exercises actual oversight or control and that speech is not attributed to the government.

Counsel of record

For petitioner
Michael W. McConnell
Wilson Sonsini Goodrich & Rosati, PC

For respondent
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

Case

Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
18A158

Order
Order list, November 19, 2018 · Certiorari denied

Proceedings

  1. Nov 19 2018
    Petition DENIED.
  2. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  3. Oct 29 2018
    Reply of petitioners Delano Farms Company, et al. filed.
  4. Oct 15 2018
    Brief of respondent California Table Grape Commission in opposition filed.
  5. Oct 09 2018
    Brief amici curiae of Cato Institute, et al. filed.
  6. Oct 09 2018
    Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.
  7. Sep 21 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2018.
  8. Sep 20 2018
    Motion to extend the time to file a response from October 9, 2018 to November 8, 2018, submitted to The Clerk.
  9. Sep 19 2018
    Blanket Consent filed by Petitioners, Delano Farms Company, et al..
  10. Sep 05 2018
    Petition for a writ of certiorari filed. (Response due October 9, 2018)
  11. Aug 14 2018
    Application (18A158) granted by The Chief Justice extending the time to file until September 5, 2018.
  12. Aug 10 2018
    Application (18A158) to extend the time to file a petition for a writ of certiorari from August 22, 2018 to September 5, 2018, submitted to The Chief Justice.
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