Supreme Court of the United States · Official docket →
Michelle O’Connor-Ratcliff, et al. v. Christopher Garnier, et ux.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55118, 21-55157 · judgment July 27, 2022
Decided · March 15, 2024
Pre-decision estimate: 19% cert probability (95% interval 14%–24%)
Before the decision, about 4.5× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Ninth Circuit decision below, and a circuit split argued in the petition.
Question presented
Whether a public official engages in state action subject to the First Amendment by blocking an individual from the official's personal social-media account, when the official uses the account to feature their job and communicate about job-related matters with the public, but does not do so pursuant to any governmental authority or duty.
Counsel of record
For petitioner
Hashim M. Mooppan
Jones Day
For respondent
Cory Jay Briggs
Briggs Law Corporation
Case
Conference history
Distributed for 3 conferences
Amicus briefs
14 merits
(8 supporting pet./neither, 6 respondent)
Argument & decision
Argued October 31, 2023 — Hashim M. Mooppan · Pamela S. Karlan. Audio and transcript
Decided March 15, 2024. Opinion by Per Curiam.
Proceedings
- Apr 16 2024Judgment Issued.
- Mar 15 2024Judgment VACATED and case REMANDED for further proceedings consistent with the opinion in Lindke v. Freed, 601 U. S. ____ (2024). Opinion per curiam.
- Oct 31 2023Argued. For petitioners: Hashim M. Mooppan, Washington, D. C.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Pamela S. Karlan, Stanford, Cal.
- Oct 02 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Sep 29 2023Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER.
- Sep 29 2023Record from the United States District Court for the Southern District of California received electronically and available with the Clerk. Sealed material available with the Clerk.
- Sep 07 2023Reply of petitioners Michelle O’Connor-Ratcliff, et al. filed. (Distributed)
- Sep 06 2023SET FOR ARGUMENT on Tuesday, October 31, 2023.
- Sep 06 2023Record requested from the United States Court of Appeals for the Ninth Circuit.
- Sep 06 2023CIRCULATED.
- Aug 15 2023Brief amicus curiae of Manhattan Institute filed.
- Aug 15 2023Brief amicus curiae of American Atheists, Inc. filed.
- Aug 15 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.
- Aug 15 2023Brief amici curiae of The American Civil Liberties Union Foundation, et al. filed.
- Aug 15 2023Brief amicus curiae of Protect The First Foundation filed.
- Aug 15 2023Brief amici curiae of First Amendment Clinics, Citizens and Journalists filed.
- Aug 15 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Aug 08 2023Brief of respondents Christopher Garnier and Kimberly Garnier filed.
- Jun 30 2023Brief amicus curiae of United States filed.
- Jun 30 2023Brief amici curiae of The State of Tennessee, et al. filed.
- Jun 30 2023Brief amicus curiae of California School Boards Association filed.
- Jun 30 2023Brief amici curiae of NetChoice, et al. supporting neither party filed.
- Jun 30 2023Brief amicus curiae of The State of Texas filed.
- Jun 30 2023Brief amicus curiae of The NRSC filed (also in 22-611). VIDED.
- Jun 30 2023Brief amici curiae of Local Government Legal Center, et al. supporting neither party filed.
- Jun 30 2023Brief amici curiae of Electronic Frontier Foundation, et al. filed (also in 22-611). VIDED.
- Jun 23 2023Brief of petitioners Michelle O’Connor-Ratcliff and T.J. Zane filed.
- Jun 23 2023Joint appendix filed. (Statement of costs filed)
- May 05 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 23, 2023. The time to file respondents' brief on the merits is extended to and including August 8, 2023.
- May 01 2023Motion for an extension of time filed.
- Apr 24 2023Petition GRANTED.
- Apr 17 2023DISTRIBUTED for Conference of 4/21/2023.
- Mar 22 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 14 2023Supplemental brief of petitioners Michelle O’Connor-Ratcliff and T.J. Zane filed.
- Jan 04 2023Rescheduled.
- Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 20 2022Reply of petitioners Michelle O’Connor-Ratcliff, et al. filed. (To be recovered - corrected version received and distributed December 27, 2022) (Distributed)
- Dec 16 2022Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Dec 13 2022Brief of respondents Christopher Garnier, et ux. in opposition filed.
- Dec 01 2022Motion to extend the time to file a response is granted and the time is further extended to and including December 13, 2022.
- Nov 29 2022Motion to extend the time to file a response from December 7, 2022 to December 13, 2022, submitted to The Clerk.
- Nov 03 2022Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2022.
- Nov 02 2022Motion to extend the time to file a response from November 7, 2022 to December 7, 2022, submitted to The Clerk.
- Oct 04 2022Petition for a writ of certiorari filed. (Response due November 7, 2022)