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Americans for Prosperity Foundation v. Rob Bonta, Attorney General of California

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-55727, 16-55786 · judgment September 11, 2018

Decided · July 1, 2021
Pre-decision estimate: 15% cert probability (95% interval 11%–20%)

Before the decision, about 3.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.

Question presented

Consolidated with 19-255. Whether the exacting scrutiny this Court has long required of laws that abridge the freedoms of speech and association outside the election context—as called for by NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), and its progeny—can be satisfied absent any showing that a blanket governmental demand for the individual identities and addresses of major donors to private nonprofit organizations is narrowly tailored to an asserted law-enforcement interest.

Counsel of record

For petitioner
John J. Bursch
Alliance Defending Freedom

For respondent
Aimee Athena Feinberg
California Department of Justice

Case

Conference history
Distributed for 5 conferences

Amicus briefs
23 cert-stage · 52 merits
(43 supporting pet./neither, 9 respondent)

Argument & decision

Argued April 26, 2021 — Derek L. Shaffer · Elizabeth B. Prelogar · Aimee A. Feinberg. Audio and transcript

Decided July 1, 2021. Opinion by Roberts, C.J..

Proceedings

  1. Aug 02 2021
    JUDGMENT ISSUED.
  2. Jul 01 2021
    Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, except as to Part II– B–1. Kavanaugh and Barrett, JJ., joined that opinion in full, Alito and Gorsuch, JJ., joined except as to Part II–B–1, and Thomas, J., joined except as to Parts II–B–1 and III–B. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Alito, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined. VIDED.
  3. Apr 26 2021
    Argued. For petitioners: Derek L. Shaffer, Washington, D. C. For United States, as amicus curiae: Elizabeth B. Prelogar, Acting Solicitor General, Department of Justice, Washington, D. C. For respondent: Aimee A. Feinberg, Deputy Solicitor General, Sacramento, Cal. VIDED.
  4. Apr 24 2021
    Motion of Thomas More Law Center to file a reply brief out of time GRANTED.
  5. Apr 17 2021
    Motion to file the reply brief out of time filed by petitioner Thomas More Law Center (in 19-255). (Distributed)
  6. Apr 16 2021
    Reply of petitioner Americans for Prosperity Foundation filed (in 19-251). (Distributed)
  7. Apr 05 2021
    Motion of petitioners for divided argument is DENIED; motion of petitioners for enlargement of time for oral argument is GRANTED, and the time is allotted as follows: 30 minutes for petitioners, 10 minutes for the Acting Solicitor General, and 30 minutes for respondent.
  8. Apr 05 2021
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  9. Mar 31 2021
    Brief amici curiae of States of New York, et al. filed. VIDED. (Distributed)
  10. Mar 31 2021
    Brief amicus curiae of CharityWatch filed. VIDED. (Distributed)
  11. Mar 31 2021
    Brief amici curiae of Scholars of the Law of Non-Profit Organizations filed. VIDED. (Distributed)
  12. Mar 31 2021
    Brief amici curiae of Public Citizen and Public Citizen Foundation filed. VIDED. (Distributed)
  13. Mar 31 2021
    Brief amici curiae of U.S. Senators filed (in 19-251). (Distributed)
  14. Mar 31 2021
    Amicus brief of Legal Historians not accepted for filing. (April 06, 2021 - Corrected brief submitted.)
  15. Mar 31 2021
    Brief amici curiae of Legal Historians filed. VIDED. (Distributed)
  16. Mar 31 2021
    Brief amicus curiae of National Council of Nonprofits filed. VIDED. (Distributed)
  17. Mar 31 2021
    Amicus brief of Campaign Legal Center, et al. not accepted for filing. (Corrected brief submitted)
  18. Mar 31 2021
    Brief amici curiae of Campaign Legal Center, et al. filed. VIDED. (April 17, 2021). (Distributed)
  19. Mar 30 2021
    CIRCULATED
  20. Mar 30 2021
    Brief amicus curiae of The California Association of Nonprofits filed. VIDED. (Distributed)
  21. Mar 24 2021
    Brief of Matthew Rodriquez, Acting Attorney General of California not accepted for filing. (Corrected and reprinted brief submitted - March 25, 2021)
  22. Mar 24 2021
    Brief of respondent Matthew Rodriquez, Acting Attorney General of California filed (Mar. 25, 2021). VIDED.
  23. Mar 15 2021
    Record requested.
  24. Mar 15 2021
    The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
  25. Mar 12 2021
    SET FOR ARGUMENT on Monday, April 26, 2021. VIDED.
  26. Mar 12 2021
    Application (20A148) granted by Justice Kagan to file respondent's consolidated brief on the merits in excess of the word limit. The brief may not exceed 15,000 words. VIDED.
  27. Mar 12 2021
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
  28. Mar 11 2021
    Motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED.
  29. Mar 09 2021
    Application (20A148) to file respondent's consolidated brief on the merits in excess of the word limit, submitted to Justice Kagan. VIDED.
  30. Mar 01 2021
    Amicus brief of Philanthropy Roundtable, Independent Women's Forum, and People United for Privacy Foundation not accepted for filing. (March 02, 2021 - corrected brief to be submitted.)
  31. Mar 01 2021
    Brief amicus curiae of Philanthropy Roundtable filed. VIDED.
  32. Mar 01 2021
    Amicus brief of The Electronic Frontier Foundation, et al. not accepted for filing. (March 02, 2021) (efiling will be resubmitted)
  33. Mar 01 2021
    Brief amicus curiae of Center for Equal Opportunity filed. VIDED.
  34. Mar 01 2021
    Brief amicus curiae of Citizen Power Initiatives for China filed. VIDED.
  35. Mar 01 2021
    Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.
  36. Mar 01 2021
    Brief amicus curiae of The American Legislative Exchange Council filed. VIDED.
  37. Mar 01 2021
    Brief amicus curiae of The Floyd Abrams Institute for Freedom of Expression at Yale Law School in support of neither party filed. VIDED.
  38. Mar 01 2021
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
  39. Mar 01 2021
    Brief amicus curiae of Institute for Free Speech filed. VIDED.
  40. Mar 01 2021
    Brief amici curiae of Association of National Advertisers (ANA) and the ANA Non-Profit Federation filed. VIDED.
  41. Mar 01 2021
    Brief amici curiae of Hispanic Leadership Fund, et al. filed. VIDED.
  42. Mar 01 2021
    Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED.
  43. Mar 01 2021
    Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.
  44. Mar 01 2021
    Brief amicus curiae of American Center for Law and Justice filed. VIDED.
  45. Mar 01 2021
    Brief amicus curiae of Liberty Justice Center filed. VIDED.
  46. Mar 01 2021
    Brief amici curiae of American Civil Liberties Union, Inc., et al. filed. VIDED.
  47. Mar 01 2021
    Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.
  48. Mar 01 2021
    Brief amicus curiae of The Legacy Foundation filed. VIDED.
  49. Mar 01 2021
    Brief amicus curiae of Independent Women's Law Center filed. VIDED.
  50. Mar 01 2021
    Brief amici curiae of The Nonprofit Alliance Foundation, et al. filed. VIDED.
  51. Mar 01 2021
    Brief amicus curiae of China Aid Association filed. VIDED
  52. Mar 01 2021
    Brief amicus curiae of Thomas More Society filed. VIDED
  53. Mar 01 2021
    Brief amici curiae of State of Arizona, et al. filed. VIDED.
  54. Mar 01 2021
    Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.
  55. Mar 01 2021
    Brief amici curiae of Congressman John Sarbanes and Democracy 21 in support of neither party filed. VIDED.
  56. Mar 01 2021
    Brief amici curiae of Protect The 1st and Pacific Research Institute filed. VIDED.
  57. Mar 01 2021
    Brief amicus curiae of United States supporting vacatur and remand filed. VIDED.
  58. Mar 01 2021
    Brief amici curiae of The Electronic Frontier Foundation, et al. filed. VIDED.
  59. Mar 01 2021
    Brief amici curiae of Citizens United and Citizens United Foundation filed. VIDED.
  60. Mar 01 2021
    Brief amicus curiae of Institute for Justice filed. VIDED.
  61. Mar 01 2021
    Brief amici curiae of The National Association of Manufacturers, et al. filed. VIDED.
  62. Mar 01 2021
    Brief amicus curiae of Senator Mitch McConnell filed. VIDED.
  63. Mar 01 2021
    Brief amici curiae of Cato Institute, et al. filed.
  64. Mar 01 2021
    Brief amicus curiae of Freedom Foundation filed.
  65. Mar 01 2021
    Brief amici curiae of The Buckeye Institute, et al. filed. VIDED.
  66. Feb 26 2021
    Brief amici curiae of National Taxpayers Union Foundation, et al. filed. VIDED.
  67. Feb 26 2021
    Brief amicus curiae of Randy Elf filed. VIDED.
  68. Feb 26 2021
    Brief amici curiae of Public Interest Legal Foundation and Foundation for Michigan Freedom filed. VIDED.
  69. Feb 26 2021
    Brief amicus curiae of American Target Advertising, Inc. filed. VIDED.
  70. Feb 25 2021
    Brief amici curiae of Concerned Women for America, et al. filed. VIDED.
  71. Feb 24 2021
    Brief amicus curiae of Council on American-Islamic Relations filed (in 19-251).
  72. Feb 24 2021
    Brief amici curiae of Pacific Legal Foundation, Southeastern Legal Foundation, and Center for Constitutional Jurisprudence filed. VIDED.
  73. Feb 24 2021
    Brief amicus curiae of Goldwater Institute and Rio Grande Foundation filed. VIDED.
  74. Feb 23 2021
    Brief amicus curiae of James Madison Center for Free Speech filed. VIDED
  75. Feb 22 2021
    Brief of petitioner Thomas More Law Center filed (in 19-255).
  76. Feb 22 2021
    Joint appendix filed (in 19-255). (Statement of costs filed.)
  77. Feb 22 2021
    Brief of petitioner Americans for Prosperity Foundation filed (in 19-251).
  78. Feb 22 2021
    Joint appendix filed (in 19-251). (Statement of costs filed)
  79. Feb 05 2021
    Blanket Consent filed by Petitioner, Americans for Prosperity Foundation
  80. Jan 29 2021
    Blanket Consent filed by Petitioner, Thomas More Law Center (in 19-255).
  81. Jan 08 2021
    Petition GRANTED. The petition for a writ of certiorari in No. 19-255 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  82. Jan 08 2021
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-251. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-251. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  83. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  84. Dec 09 2020
    Supplemental brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California filed. VIDED. (Distributed)
  85. Nov 24 2020
    Brief amicus curiae of United States filed. VIDED.
  86. Feb 24 2020
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  87. Feb 14 2020
    DISTRIBUTED for Conference of 2/21/2020.
  88. Jan 21 2020
    DISTRIBUTED for Conference of 1/24/2020.
  89. Jan 13 2020
    DISTRIBUTED for Conference of 1/17/2020.
  90. Dec 11 2019
    DISTRIBUTED for Conference of 1/10/2020.
  91. Dec 10 2019
    Reply of petitioner Americans for Prosperity Foundation filed.
  92. Nov 25 2019
    Brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California in opposition filed. VIDED.
  93. Oct 07 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2019.
  94. Oct 03 2019
    Motion to extend the time to file a response from October 25, 2019 to November 25, 2019, submitted to The Clerk.
  95. Sep 25 2019
    Brief amici curiae of Pacific Research Institute, Project for Privacy and Surveillance Accountability filed.
  96. Sep 25 2019
    Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED
  97. Sep 25 2019
    Brief amicus curiae of The Buckeye Institute filed.
  98. Sep 25 2019
    Brief amicus curiae of American Center for Law and Justice filed. VIDED.
  99. Sep 25 2019
    Brief amici curiae of Public Interest Legal Foundation, Center for Constitutional Jurisprudence, Foundation for Michigan Freedom and Texas Public Policy Foundation filed. VIDED.
  100. Sep 25 2019
    Brief amicus curiae of The National Association of Manufacturers filed.
  101. Sep 25 2019
    Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.
  102. Sep 25 2019
    Brief amicus curiae of Hispanic Leadership Fund filed. VIDED.
  103. Sep 25 2019
    Brief amici curiae of Cato Institute, et al. filed. VIDED.
  104. Sep 25 2019
    Brief amici curiae of Philanthropy Roundtable, et al. filed. VIDED.
  105. Sep 25 2019
    Brief amici curiae of 24 Family Policy Organizations filed. VIDED.
  106. Sep 25 2019
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
  107. Sep 25 2019
    Brief amicus curiae of Council on American-Islamic Relations filed.
  108. Sep 25 2019
    Brief amicus curiae of Public Integrity Alliance filed.
  109. Sep 25 2019
    Brief amicus curiae of Judicial Watch, Inc. filed.
  110. Sep 25 2019
    Brief amici curiae of States of Arizona et al. filed.
  111. Sep 25 2019
    Brief amicus curiae of American Target Advertising, Inc. filed.
  112. Sep 25 2019
    Brief amicus curiae of Institute for Free Speech filed. VIDED.
  113. Sep 25 2019
    Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.
  114. Sep 24 2019
    Brief amicus curiae of Pacific Legal Foundation filed.
  115. Sep 24 2019
    Brief amicus curiae of Liberty Justice Center filed.
  116. Sep 24 2019
    Brief amicus curiae of Institute for Justice filed. VIDED.
  117. Sep 11 2019
    Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2019.
  118. Sep 09 2019
    Motion to extend the time to file a response from September 25, 2019 to October 25, 2019, submitted to The Clerk.
  119. Sep 06 2019
    Blanket Consent filed by Petitioner, Americans for Prosperity Foundation.
  120. Aug 26 2019
    Petition for a writ of certiorari filed. (Response due September 25, 2019)
  121. May 28 2019
    Application (18A1224) to extend the time to file a petition for a writ of certiorari from June 27, 2019 to August 26, 2019, submitted to Justice Kagan.
    Main DocumentProof of Service
  122. May 28 2019
    Application (18A1224) granted by Justice Kagan extending the time to file until August 26, 2019.