Supreme Court of the United States · Official docket →
Acheson Hotels, LLC v. Deborah Laufer
Paid petition · United States Court of Appeals for the First Circuit, No. 21-1410 · judgment October 5, 2022
Decided · December 5, 2023
Pre-decision estimate: 67% cert probability (95% interval 53%–78%)
Before the decision, about 16.1× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a First Circuit decision below.
Question presented
Does a self-appointed Americans with Disabilities Act "tester" have Article III standing to challenge a place of public accommodation's failure to provide disability accessibility information on its website, even if she lacks any intention of visiting that place of public accommodation?
Counsel of record
For petitioner
Adam G. Unikowsky
Jenner & Block LLP
For respondent
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection
Case
Conference history
Distributed for 3 conferences
Amicus briefs
5 cert-stage · 16 merits
(8 supporting pet./neither, 8 respondent)
Argument & decision
Argued October 4, 2023 — Adam G. Unikowsky · Erica L. Ross · Kelsi B. Corkran. Audio and transcript
Decided December 5, 2023. Opinion by Barrett.
Proceedings
- Jan 08 2024Judgment issued.
- Dec 05 2023Judgment VACATED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., and Jackson, J., filed opinions concurring in the judgment.
- Nov 16 2023Letter and attached opinion of lower court in related litigation before CA4 filed by respondent. (Distributed)
- Oct 04 2023Argued. For petitioner: Adam G. Unikowsky, Washington, D. C. For United States, as amicus curiae: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Kelsi B. Corkran, Washington, D. C.
- Sep 08 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Sep 01 2023Reply of petitioner Acheson Hotels, LLC filed. (Distributed)
- Aug 25 2023Letter of respondent Deborah Laufer updating the Clerk on status of her related lower court cases filed (Corrected letter filed).
- Aug 25 2023Letter of respondent Deborah Laufer updating the Clerk on status of her related lower court cases filed (Corrected letter received 9/25/23).
- Aug 10 2023The respondent’s request that the Court dismiss the case as moot at this time is denied. The question of mootness will be subject to further consideration at oral argument in addition to the question presented.
- Aug 09 2023Brief amici curiae of NAACP Legal Defense and Educational Fund, et al. filed. (Distributed)
- Aug 09 2023Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
- Aug 09 2023Brief amici curiae of Fair Housing Organizations and Testers, et al. filed. (Distributed)
- Aug 09 2023Brief amici curiae of Disability Antidiscrimination Law Scholars filed. (Distributed)
- Aug 09 2023Brief amicus curiae of Public Citizen filed. (Distributed)
- Aug 09 2023Brief amici curiae of Massachusetts, et al. filed. (Distributed)
- Aug 09 2023Amicus brief of Disability Rights Education & Defense Fund, et al. not accepted for filing. (Corrected version submitted - August 18, 2023)
- Aug 09 2023Brief amici curiae of Disability Rights Education & Defense Fund, et al. filed. (Distributed)
- Aug 09 2023Brief amici curiae of Philip L. Schuler, et al. in association with the Amicus Project filed. (Distributed)
- Aug 07 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Aug 02 2023Brief of respondent Deborah Laufer filed. (Distributed)
- Jul 28 2023Petitioner’s Opposition to Suggestion of Mootness filed. (Distributed)
- Jul 27 2023CIRCULATED
- Jul 24 2023Suggestion of mootness filed by respondent Deborah Laufer.
- Jul 20 2023Record received from the United States Court of Appeals for the First Circuit. The record is electronic and available on PACER.
- Jul 20 2023Complete record on appeal from the United States District Court for the District of Maine electronically received and available with the Clerk.
- Jul 17 2023Record requested from the United States Court of Appeals for the First Circuit.
- Jul 14 2023SET FOR ARGUMENT on Wednesday, October 4, 2023.
- Jun 12 2023Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
- Jun 12 2023Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Jun 12 2023Brief amici curiae of Atlantic Legal Foundation, et al. filed.
- Jun 12 2023Brief amici curiae of Restaurant Law Center, et al. filed.
- Jun 12 2023Brief amicus curiae of Center for Constitutional Responsibility filed.
- Jun 12 2023Brief amicus curiae of United States in support of neither party filed.
- Jun 12 2023Brief amici curiae of The Buckeye Institute, et al. filed.
- Jun 12 2023Brief amicus curiae of National Association of Homebuilders filed.
- Jun 05 2023Brief of petitioner Acheson Hotels, LLC filed.
- Jun 05 2023Joint appendix filed. (Statement of costs filed)
- May 01 2023Motion 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 June 5, 2023. The time to file respondent's brief on the merits is extended to and including August 2, 2023.
- Apr 14 2023Motion for an extension of time to file the briefs on the merits filed.
- Mar 27 2023Petition GRANTED.
- Mar 20 2023DISTRIBUTED for Conference of 3/24/2023.
- Mar 01 2023DISTRIBUTED for Conference of 3/17/2023.
- Feb 28 2023Reply of petitioner Acheson Hotels, LLC filed. (Distributed)
- Feb 24 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Feb 24 2023Brief of respondent Deborah Laufer in opposition filed.
- Feb 06 2023Motion to extend the time to file a response from February 17, 2023 to March 3, 2023, submitted to The Clerk.
- Feb 06 2023Motion to extend the time to file a response is granted in part and the time is further extended to and including February 27, 2023.
- Jan 10 2023Motion to extend the time to file a response is granted and the time is extended to and including February 17, 2023.
- Jan 03 2023Motion to extend the time to file a response from January 18, 2023 to February 17, 2023, submitted to The Clerk.
- Dec 19 2022Response Requested. (Due January 18, 2023)
- Dec 14 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 08 2022Brief amici curiae of Restaurant Law Center, et al. filed.
- Dec 08 2022Brief amicus curiae of DRI Center for Law and Public Policy filed.
- Dec 08 2022Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
- Dec 08 2022Brief amicus curiae of Center for Constitutional Responsibility filed.
- Dec 08 2022Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Dec 07 2022Waiver of right of respondent Deborah Laufer to respond filed.
- Nov 04 2022Petition for a writ of certiorari filed. (Response due December 8, 2022)