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Chad Thompson, et al. v. Richard Michael DeWine, Governor of Ohio, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-3514 · judgment July 28, 2021


Certiorari denied · March 7, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Questions presented

  1. Whether ever-changing and ongoing governmentissued COVID-19 restrictions moot First Amendment challenges to ballot access restrictions.

  2. Whether and how the First Amendment applies to regulations that impede a person’s ability to place an initiative on the ballot.

Counsel of record

For petitioner
Jeffrey T. Green
Sidley Austin LLP

For respondent
Benjamin Michael Flowers
Ohio Attorney General Dave Yost

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
21A173

Proceedings

  1. Mar 07 2022
    Petition DENIED.
  2. Mar 03 2022
    Brief amici curiae of Direct Democracy Scholars, et al. filed.
  3. Feb 16 2022
    DISTRIBUTED for Conference of 3/4/2022.
  4. Feb 14 2022
    Waiver of right of respondent Richard DeWine, et al. to respond filed.
  5. Feb 10 2022
    Petition for a writ of certiorari filed. (Response due March 16, 2022)
  6. Dec 29 2021
    Application (21A173) granted by Justice Kavanaugh extending the time to file until February 10, 2022.
  7. Dec 20 2021
    Application (21A173) to extend further the time from January 12, 2022 to February 10, 2022, submitted to Justice Kavanaugh.
  8. Nov 23 2021
    Application (21A173) granted by Justice Kavanaugh extending the time to file until January 12, 2022.
  9. Nov 19 2021
    Application (21A173) to extend the time to file a petition for a writ of certiorari from December 12, 2021 to January 12, 2022, submitted to Justice Kavanaugh.