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Center for Medical Progress, et al. v. National Abortion Federation

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-15953, 21-15955 · judgment August 19, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

Petitioners sparked national debate in the summer of 2015 with the release of videos, recorded during an undercover investigation, which raised legal and ethical concerns about conduct in the abortion industry. Public discussion of Petitioners’ videos prompted investigations and legal changes across the country at the federal, state, and local levels. See, e.g., Planned Parenthood of Greater Texas Fam. Plan. & Preventative Health Servs., Inc. v. Kauffman, 981 F.3d 347, 351 (5th Cir. 2020) (en banc). But on the motion of an abortion-industry trade organization opposed to Petitioners’ message, the district court entered (and the Ninth Circuit affirmed) a sweeping permanent injunction against the release of over 500 hours of further recordings, without applying any level of First Amendment scrutiny. Is the district court’s suppression of speech about a high-profile and highly charged issue of public debate an unconstitutional prior restraint?

Counsel of record

For petitioner
Jeffrey Matthew Harris
Consovoy McCarthy PLLC

For respondent
James Reid Sigel
Morrison & Foerster, LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
4 cert-stage

Related
Vide, 22-1161

Linked docket
22A789

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Aug 23 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Aug 22 2023
    Reply of petitioners Center for Medical Progress, et al. filed. (Distributed)
  4. Aug 07 2023
    Brief of respondent National Abortion Federation in opposition filed.
  5. Jul 06 2023
    Brief amici curiae of American Constiutional Rights Union, et al. filed.
  6. Jul 06 2023
    Brief amicus curiae of Ethics and Public Policy Center filed.
  7. Jul 06 2023
    Brief amicus curiae of Judicial Watch, Inc. filed.
  8. Jul 06 2023
    Brief amici curiae of Missouri, et al. filed.
  9. Jun 12 2023
    Motion to extend the time to file a response is granted and the time is extended to and including August 7, 2023.
  10. Jun 08 2023
    Motion to extend the time to file a response from July 6, 2023 to August 7, 2023, submitted to The Clerk.
  11. Jun 06 2023
    Response Requested. (Due July 6, 2023)
  12. Jun 02 2023
    Letter of May 31, 2023 from counsel for petitioners received. Distributed
  13. May 30 2023
    DISTRIBUTED for Conference of 6/15/2023.
  14. May 23 2023
    Waiver of right of respondent National Abortion Federation to respond filed.
  15. May 17 2023
    Petition for a writ of certiorari filed. (Response due June 21, 2023)
  16. Mar 08 2023
    Application (22A789) granted by Justice Kagan extending the time to file until May 18, 2023.
  17. Mar 06 2023
    Application (22A789) to extend the time to file a petition for a writ of certiorari from March 19, 2023 to May 18, 2023, submitted to Justice Kagan.