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Institute for Free Speech v. Rob Bonta, Attorney General of California

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-17403 · judgment October 11, 2019

GVR'd · July 2, 2021
Pre-decision estimate: 31% cert probability (95% interval 21%–43%)

Before the decision, about 7.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a circuit split argued in the petition, and down for a state or local-government respondent.

Questions presented

  1. Whether a state official’s demand for all significant donors to a nonprofit organization, as a precondition to engaging in constitutionally-protected speech, constitutes a First Amendment injury.

  2. Whether official demands for membership or donor information outside the electoral context should be reviewed under strict or exacting scrutiny.

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
Aimee Athena Feinberg
California Department of Justice

Case

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

Conference history
Distributed for 4 conferences

Amicus briefs
3 cert-stage

Order
Order list, July 2, 2021

Proceedings

  1. Aug 03 2021
    JUDGMENT ISSUED.
  2. Jul 02 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Americans for Prosperity Foundation v. Bonta, 594 U. S. ___ (2021).
  3. Jul 01 2021
    DISTRIBUTED for Conference of 7/1/2021.
  4. Dec 23 2020
    Supplemental brief of petitioner Institute for Free Speech filed. (Distributed)
  5. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  6. May 29 2020
    Rescheduled.
  7. May 19 2020
    DISTRIBUTED for Conference of 6/4/2020.
  8. May 15 2020
    Reply of petitioner Institute for Free Speech filed. (Distributed)
  9. May 01 2020
    Brief of respondent Xavier Becerra, Attorney General of California in opposition filed.
  10. Mar 25 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2020.
  11. Mar 24 2020
    Motion to extend the time to file a response from April 1, 2020 to May 1, 2020, submitted to The Clerk.
  12. Mar 02 2020
    Brief amici curiae of Project for Privacy & Surveillance Accountability and Pacific Research Institute filed.
  13. Feb 28 2020
    Brief amicus curiae of Liberty Justice Center filed.
  14. Feb 25 2020
    Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2020.
  15. Feb 19 2020
    Motion to extend the time to file a response from March 2, 2020 to April 1, 2020, submitted to The Clerk.
  16. Jan 30 2020
    Response Requested. (Due March 2, 2020)
  17. Jan 22 2020
    DISTRIBUTED for Conference of 2/21/2020.
  18. Jan 21 2020
    Brief amicus curiae of The Cato Institute filed. (Distributed)
  19. Jan 17 2020
    Letter of January 15, 2020 from counsel for petitioner received.
  20. Jan 14 2020
    Waiver of right of respondent Xavier Becerra, Attorney General of California to respond filed.
  21. Dec 18 2019
    Petition for a writ of certiorari filed. (Response due January 21, 2020)