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Houston Community College System v. David Buren Wilson

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-20237 · judgment April 7, 2020


Decided · March 24, 2022
Pre-decision estimate: 3% cert probability

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

Question presented

Does the First Amendment restrict the authority of an elected body to issue a censure resolution in response to a member's speech?

Counsel of record

For petitioner
Richard A. Morris
Rogers, Morris & Grover, L.L.P.

For respondent
Michael B. Kimberly
MCDERMOTT WILL & EMERY

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 7 merits
(6 supporting pet./neither, 1 respondent)

Argument & decision

Argued November 2, 2021 — Richard A. Morris · MIchael B. Kimberly. Audio and transcript

Decided March 24, 2022. Opinion by Gorsuch.

Proceedings

  1. Apr 25 2022
    JUDGMENT ISSUED.
  2. Mar 24 2022
    Judgment REVERSED. Gorsuch, J., delivered the opinion for a unanimous Court.
  3. Nov 02 2021
    Argued. For petitioner: Richard A. Morris, Houston, Tex.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: MIchael B. Kimberly, Washington, D. C.
  4. Oct 28 2021
    The record from the U.S.D.C. Southern District of Texas has been electronically filed.
  5. Oct 18 2021
    The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondent.
  6. Oct 15 2021
    Reply of petitioner Houston Community College System filed. (Distributed)
  7. Oct 12 2021
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
  8. Sep 24 2021
    Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
  9. Sep 24 2021
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
  10. Sep 21 2021
    CIRCULATED
  11. Sep 17 2021
    Brief of respondent David Buren Wilson filed. (Distributed)
  12. Sep 01 2021
    Record requested from the U.S.C.A. 5th Circuit.
  13. Sep 01 2021
    The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
  14. Aug 16 2021
    ARGUMENT SET FOR Tuesday, November 2, 2021.
  15. Jul 21 2021
    Brief amicus curiae of United States filed.
  16. Jul 21 2021
    Brief amicus curiae of Association of Governing Boards of Universities and Colleges filed.
  17. Jul 21 2021
    Brief amici curiae of The State of Texas, et al. filed.
  18. Jul 21 2021
    Brief amicus curiae of American Jewish Committee filed.
  19. Jul 20 2021
    Brief amicus curiae of Foundation for Individual Rights in Education in support of neither party filed.
  20. Jul 19 2021
    Brief amici curiae of Texas Association of School Boards Legal Assistance Fund, et al. filed.
  21. Jul 14 2021
    Brief of petitioner Houston Community College System filed.
  22. Jul 14 2021
    Joint appendix filed. (Statement of costs filed)
  23. Jun 24 2021
    Blanket Consent filed by Petitioner, Houston Community College System
  24. Jun 24 2021
    Blanket Consent filed by Respondent, David Buren Wilson
  25. Jun 04 2021
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 14, 2021. The time to file respondent's brief on the merits is extended to and including September 17, 2021.
  26. Jun 01 2021
    Motion for an extension of time to file the briefs on the merits filed.
  27. Apr 26 2021
    Petition GRANTED.
  28. Apr 19 2021
    DISTRIBUTED for Conference of 4/23/2021.
  29. Mar 31 2021
    DISTRIBUTED for Conference of 4/16/2021.
  30. Mar 31 2021
    Reply of petitioner Houston Community College System filed. (Distributed)
  31. Mar 26 2021
    Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
  32. Mar 22 2021
    Brief of respondent David Buren Wilson in opposition filed.
  33. Feb 01 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including March 22, 2021.
  34. Jan 29 2021
    Motion to extend the time to file a response from February 12, 2021 to March 22, 2021, submitted to The Clerk.
  35. Jan 13 2021
    Brief amicus curiae of Texas Association of School Boards Legal Assistance Fund filed.
  36. Dec 31 2020
    Motion to extend the time to file a response is granted and the time is extended to and including February 12, 2021.
  37. Dec 30 2020
    Motion to extend the time to file a response from January 13, 2021 to February 12, 2021, submitted to The Clerk.
  38. Dec 11 2020
    Petition for a writ of certiorari filed. (Response due January 13, 2021)