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William P. Barr, Attorney General, et al. v. American Association of Political Consultants, Inc., et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1588 · judgment April 24, 2019

Decided · July 6, 2020
Pre-decision estimate: 15% cert probability (95% interval 9%–23%)

Before the decision, about 3.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fourth Circuit decision below, and down for a business respondent.

Question presented

The Telephone Consumer Protection Act of 1991 (TCPA), Pub. L. No. 102-243, 105 Stat. 2394, generally prohibits the use of any "automatic telephone dialing system or an artificial or prerecorded voice" to "make any call" to "any telephone number assigned to a * * * cellular telephone service." 47 U.S.C. 227(b)(1)(A)(iii) (Supp. V 2017). The TCPA excepts from that automated-call restriction any "call made for emergency purposes or made with the prior express consent of the called party." Ibid. In 2015, Congress amended the TCPA to create an additional exception for calls "made solely to collect a debt owed to or guaranteed by the United States." Ibid. Respondents wish to use an automatic telephone dialing system or an artificial or prerecorded voice to make calls to the cell phones of potential or registered voters to solicit political donations and to advise on political and governmental issues. First Am. Compl. ¶¶ 8-10, 12. The court of appeals held that the government-debt exception to the TCPA’s automated-call restriction violates the First Amendment. The court further held that the proper remedy was to sever the government-debt exception, leaving the basic automated-call restriction in place. The question presented is as follows: Whether the government-debt exception to the TCPA's automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute. PRESS RELEASE OF APRIL 3, 2020 IN KEEPING WITH PUBLIC HEALTH GUIDANCE IN RESPONSE TO COVID-19, THE COURT WILL POSTPONE THE ORAL ARGUMENTS CURRENTLY SCHEDULED FOR THE APRIL SESSION. PRESS RELEASE OF APRIL 13, 2020 RESCHEDULED FOR ORAL ARGUMENTS BY TELEPHONE CONFERENCE. THE JUSTICES AND COUNSEL WILL ALL PARTICIPATE REMOTELY.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Roman Martinez
Latham & Watkins, LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
17 merits
(8 supporting pet./neither, 9 respondent)

Argument & decision

Argued May 6, 2020 — Malcolm L. Stewart · Roman Martinez. Audio and transcript

Decided July 6, 2020. Opinion by Kavanaugh.

Proceedings

  1. Aug 07 2020
    JUDGMENT ISSUED.
  2. Jul 06 2020
    Adjudged to be AFFIRMED. Kavanaugh, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Alito, J. joined, and in which Thomas, J., joined as to Parts I and II. Sotomayor, J., filed an opinion concurring in the judgment. Breyer, J., filed an opinion concurring in the judgment with respect to severability and dissenting in part, in which Ginsburg and Kagan, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Thomas, J., joined as to Part II.
  3. Jun 08 2020
    Motion for leave to file amicus brief out of time filed by ACA International, Inc. DENIED.
  4. May 20 2020
    Motion of ACA International, Inc. for leave to file amicus brief not accepted for filing. (May 26, 2020) (Dupilicate submission).
  5. May 20 2020
    Motion for leave to file amicus brief out of time filed by ACA International, Inc. (Distributed)
  6. May 06 2020
    Argued. For petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Roman Martinez, Washington, D. C.
  7. May 06 2020
    Motion of ACA International, Inc. for leave to file amicus brief not accepted for filing. (May 20, 2020 - to be resubmitted in proper format.)
  8. Apr 24 2020
    Reply of petitioners William P. Barr, Attorney General, et al. filed. (Distributed)
  9. Apr 15 2020
    RESCHEDULED FOR ARGUMENT on Wednesday, May 6, 2020.
  10. Apr 13 2020
    Argument to be rescheduled for May 2020.
  11. Apr 03 2020
    ORAL ARGUMENT POSTPONED.
  12. Apr 03 2020
    Amicus brief of Association of Credit & Collection Professionals (ACA) not accepted for filing. (April 28, 2020)
  13. Apr 01 2020
    Brief amicus curiae of Retail Energy Supply Association filed. (Distributed)
  14. Apr 01 2020
    Brief amicus curiae of Institute for Free Speech filed. (Distributed)
  15. Apr 01 2020
    Brief amicus curiae of Institute for Justice filed. (Distributed)
  16. Apr 01 2020
    Brief amicus curiae of Portfolio Recovery Associates, LLC filed. (Distributed)
  17. Apr 01 2020
    Brief amici curiae of Healthcare Companies filed. (Distributed)
  18. Apr 01 2020
    Brief amicus curiae of Facebook, Inc. filed. (Distributed)
  19. Apr 01 2020
    Brief amicus curiae of Cato Institute filed. (Distributed)
  20. Apr 01 2020
    Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
  21. Apr 01 2020
    Brief amicus curiae of Midland Credit Management, Inc. filed. (Distributed)
  22. Mar 25 2020
    Brief of respondents American Association of Political Consultants, Inc., et al. filed. (Distributed)
  23. Mar 19 2020
    CIRCULATED
  24. Mar 17 2020
    Blanket Consent filed by Petitioners, William P. Barr, Attorney General, et al.
  25. Mar 02 2020
    Brief amici curiae of State of Indiana, et al. filed.
  26. Mar 02 2020
    Brief amicus curiae of Student Loan Servicing Alliance filed.
  27. Mar 02 2020
    Brief amici curiae of National League of Cities,et al. filed.
  28. Mar 02 2020
    Brief amici curiae of National Consumer Law Center, et al. in support of neither party filed.
  29. Mar 02 2020
    Brief amici curiae of Electronic Privacy Information Center, et al. filed.
  30. Mar 02 2020
    Brief amici curiae of Retail Litigation Center, Inc. and National Retail Federation filed supporting neither party.
  31. Mar 02 2020
    Brief amici curiae of Public Citizen and Public Citizen Foundation filed.
  32. Mar 02 2020
    Brief amici curiae of Fifteen Members of Congress filed.
  33. Feb 26 2020
    Record requested from the U.S.C.A. 4th Circuit.
  34. Feb 26 2020
    The record from the U.S.C.A. 4th Circuit is electronic and located on PACER.
  35. Feb 24 2020
    Joint appendix filed.
  36. Feb 24 2020
    Brief of petitioners William P. Barr, Attorney General, et al. filed.
  37. Feb 21 2020
    SET FOR ARGUMENT on Wednesday, April 22, 2020.
  38. Feb 20 2020
    Blanket Consent filed by Respondents, American Association of Political Consultants, Inc., et al.
  39. Jan 10 2020
    Petition GRANTED.
  40. Dec 18 2019
    DISTRIBUTED for Conference of 1/10/2020.
  41. Dec 18 2019
    Reply of petitioners William P. Barr, Attorney General, et al. filed.
  42. Dec 04 2019
    Brief of respondents American Association of Political Consultants, Inc., et al. in support filed.
  43. Nov 14 2019
    Petition for a writ of certiorari filed. (Response due December 16, 2019)
  44. Oct 15 2019
    Application (19A271) granted by The Chief Justice extending the time to file until November 18, 2019.
  45. Oct 11 2019
    Application (19A271) to extend further the time from October 21, 2019 to November 18, 2019, submitted to The Chief Justice.
    Written RequestProof of Service
  46. Sep 09 2019
    Application (19A271) granted by The Chief Justice extending the time to file until October 21, 2019.
  47. Sep 06 2019
    Application (19A271) to extend the time to file a petition for a writ of certiorari from September 19, 2019 to October 21, 2019, submitted to The Chief Justice.
    Main DocumentProof of Service