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Leibundguth Storage & Van Service, Inc. v. Village of Downers Grove, Illinois

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-3055 · judgment September 24, 2019

Certiorari denied · March 2, 2020

Pre-decision estimate: 6% cert probability (95% interval 3%–11%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a business petitioner, and counsel who has filed here before, and down for a state or local-government respondent.

Question presented

In Reed v. Town of Gilbert, this Court clarified that content-based restrictions are those that apply to particular speech because of the topic discussed or the idea or message expressed, and reaffirmed that content-based restrictions on speech require strict scrutiny review. Government restrictions on commercial speech that do not apply to non-commercial speech are content-based. Should strict scrutiny review apply in such a challenge?

Counsel of record

For petitioner
Jeffrey Michael Schwab
Liberty Justice Center

For respondent
Scott Michael Day
Day Robert & Morrison PC

Case

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

Conference history
Distributed for 1 conference

Order
Order list, March 2, 2020 · Certiorari denied

Proceedings

Mar 02 2020
Petition DENIED.
Feb 12 2020
DISTRIBUTED for Conference of 2/28/2020.
Feb 11 2020
Reply of petitioner Leibundguth Storage & Van Service, Inc. filed. (Distributed)
Jan 27 2020
Brief of respondent Village of Downers Grove, Illinois in opposition filed.
Dec 20 2019
Petition for a writ of certiorari filed. (Response due January 27, 2020)