Supreme Court of the United States · Official docket →
Nikki Bruni, et al. v. City of Pittsburgh, Pennsylvania, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 18-1084 · judgment October 18, 2019
Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.
Questions presented
Petitioners are sidewalk counselors who engage in quiet, one-on-one conversations with women visiting an abortion clinic in Pittsburgh, Pennsylvania. A painted semi-circle extends 15 feet from the clinic’s door. Under the City’s buffer-zone law, the counselors may not speak—or even pray—in this zone because the City views Petitioners’ message of hope, personal concern, and assistance as advocacy or demonstration. Yet the City allows others to speak face-to-face in the zone for nearly any other reason. Because the buffer zone burdens and disfavors the counselors’ speech, they sued. Confronting the City’s unmistakably invalid ordinance, the Third Circuit unilaterally construed the law to prohibit prayer or generic advocacy but to allow counseling. This exacerbated a 7-3 circuit split over whether federal courts have authority to limit state laws to avoid constitutional flaws. It then held the rewritten law— which Pittsburgh neither wanted nor requested— content neutral; rejected McCullen’s narrow-tailoring standard, in conflict with three circuits; and held the burden on speech insignificant or de minimis. After litigating five years, the result is an advisory opinion that neither binds state courts nor prohibits City officials from prosecuting Petitioners in the future, even for counseling. The questions presented are: 1. Whether federal courts have authority to save a state or local law from unconstitutionality by positing a limiting construction that has no state-law basis and contradicts governing authorities’ understanding of their own law. 2. Whether Pittsburgh’s buffer-zone ordinance violates the Free Speech Clause.
Counsel of record
For petitioner
John J. Bursch
Alliance Defending Freedom
For respondent
Michael Edwin Kennedy
City of Pittsburgh Law Department- Associate City
Proceedings
- Jan 11 2021Petition DENIED. Statement of Justice Thomas respecting the denial of certiorari.
- Jan 04 2021DISTRIBUTED for Conference of 1/8/2021.
- Dec 11 2020Rescheduled.
- Dec 07 2020DISTRIBUTED for Conference of 12/11/2020.
- Dec 02 2020Rescheduled.
- Nov 30 2020DISTRIBUTED for Conference of 12/4/2020.
- Nov 18 2020Rescheduled.
- Nov 04 2020DISTRIBUTED for Conference of 11/20/2020.
- Nov 03 2020Reply of petitioners Nikki Bruni, et al. filed. (Distributed)
- Oct 15 2020Brief of respondents City of Pittsburgh, et al. in opposition filed.
- Sep 15 2020Response Requested. (Due October 15, 2020)
- Jul 29 2020DISTRIBUTED for Conference of 9/29/2020.
- Jul 14 2020Waiver of City of Pittsburgh, et al. of right to respond not accepted for filing. (July 14, 2020)
- Apr 29 2020Amicus brief of The National Legal Foundation, et al. not accepted for filing. (April 29, 2020)
- Apr 29 2020Motion to extend the time to file a response is granted and the time is extended to and including July 27, 2020
- Apr 29 2020Brief amici curiae of Constitutional Law Professors filed.
- Apr 29 2020Brief amici curiae of State of West Virginia and 16 Other States filed.
- Apr 29 2020Brief amicus curiae of Center for Constitutional Jurisprudence filed.
- Apr 29 2020Brief amicus curiae of Eleanor McCullen filed.
- Apr 29 2020Brief amici curiae of Forty Days for Life, et al. filed.
- Apr 29 2020Brief amici curiae of National Legal Foundation, et al. filed.
- Apr 29 2020Brief amici curiae of United States Senators and Representatives filed.
- Apr 29 2020Brief amicus curiae of American Center for Law and Justice filed.
- Apr 29 2020Brief amicus curiae of The Pro-Life Union of Greater Philadelphia filed.
- Apr 29 2020Amicus brief of Life Legal Defense Foundation not accepted for filing. (May 19, 2020)(Corrected submitted)
- Apr 29 2020Brief amicus curiae of Life Legal Defense Foundation filed. (5/15/2020)
- Apr 28 2020Motion to extend the time to file a response from April 29, 2020 to July 27, 2020, submitted to The Clerk.
- Apr 14 2020Blanket Consent filed by Petitioner, Nikki Bruni, et al.
- Mar 26 2020Petition for a writ of certiorari filed. (Response due April 29, 2020)
- Jan 27 2020Application (19A838) granted by Justice Alito extending the time to file until March 26, 2020.
- Jan 23 2020Application (19A838) to extend the time to file a petition for a writ of certiorari from February 25, 2020 to March 26, 2020, submitted to Justice Alito.