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David McMahon, et al. v. Jay Hartzell, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-50710, 18-50800 · judgment January 3, 2020

Certiorari denied · October 5, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. With regard to Article III standing and an injuryin-fact, do the authors of protected speech have to be the original authors or can interested individuals or groups come into the speech?

  2. Should this Court adopt special interest standing and allow individuals or members of a small group standing to represent the rights of a public charitable trust violated by the government when the Attorney General of a state fails or refuses to represent the public’s rights?

  3. Does Petitioner Brewer have federal taxpayer standing to sue a municipality for expending municipal funds in violation of his constitutional right to free speech?

Counsel of record

For petitioner
Warren V. Norred
Norred Law, PLLC

For respondent
Kyle Douglas Hawkins
Lehotsky Keller Cohn LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Aug 19 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Aug 13 2020
    Waiver of right of respondent All Respondents except for Interim President Jay Hartzell to respond filed.
  4. Aug 06 2020
    Waiver of right of respondent Jay Hartzell to respond filed.
  5. Aug 03 2020
    Letter of July 29, 2020 of substitution, received from counsel for the respondents.
  6. May 28 2020
    Petition for a writ of certiorari filed. (Response due August 24, 2020)