Supreme Court Report

Supreme Court of the United States · Official docket →

Arkansas Times LP v. Mark Waldrip, as Trustee of the University of Arkansas Board of Trustees, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-1378 · judgment June 22, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Is a state law requiring government contractors to certify that they are not participating in, and will not participate in, boycotts of Israel or Israelcontrolled territories consistent with NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982) and the First Amendment’s central prohibition against content and viewpoint discrimination?

Counsel of record

For petitioner
Brian M. Hauss
American Civil Liberties Union Foundation

For respondent
Nicholas Jacob Bronni
Solicitor General of Arkansas

Case

Conference history
Distributed for 2 conferences

Amicus briefs
4 cert-stage

Linked docket
22A194

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Feb 01 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 30 2023
    Reply of petitioner Arkansas Times LP filed. (Distributed)
  4. Jan 18 2023
    Brief of respondents Mark Waldrip, et al. in opposition filed.
  5. Dec 15 2022
    Response to motion to extend the time to file a response from petitioner filed.
  6. Dec 15 2022
    Motion to extend the time to file a response is granted in part and the time is extended to and including January 18, 2023.
  7. Dec 14 2022
    Motion to extend the time to file a response from December 29, 2022 to January 30, 2023, submitted to The Clerk.
  8. Nov 29 2022
    Response Requested. (Due December 29, 2022)
  9. Nov 23 2022
    Brief amici curiae of The Forum for Constitutional Rights & The Foundation for Individual Rights and Expression filed. (Distributed)
  10. Nov 22 2022
    DISTRIBUTED for Conference of 12/9/2022.
  11. Nov 18 2022
    Brief amici curiae of T'ruah, et al. filed. (Distributed)
  12. Nov 18 2022
    Brief amici curiae of First Amendment Scholars filed. (Distributed)
  13. Nov 15 2022
    Waiver of right of respondent Mark Waldrip, et al. to respond filed.
  14. Oct 26 2022
    Brief amicus curiae of Professor Lawrence Glickman filed.
  15. Oct 20 2022
    Petition for a writ of certiorari filed. (Response due November 23, 2022)
  16. Aug 31 2022
    Application (22A194) granted by Justice Kavanaugh extending the time to file until October 20, 2022.
  17. Aug 26 2022
    Application (22A194) to extend the time to file a petition for a writ of certiorari from September 20, 2022 to October 20, 2022, submitted to Justice Kavanaugh.