Supreme Court of the United States · Official docket →
Council for Education and Research on Toxics v. California Chamber of Commerce
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-15745 · judgment March 17, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
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Does a preliminary injunction issued by a district judge enjoining a state attorney general and nongovernmental organizations from filing public interest lawsuits in state court–prior to any determination of their merits–constitute an unlawful prior restraint on the exercise of the organizations’ First Amendment petition rights?
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Does the “illegal objective” exception to the prior restraint doctrine apply outside the context of the National Labor Relations Board’s authority to block retaliatory employer lawsuits to allow a district judge to enjoin the filing of public health lawsuits in state court, because the judge predicts such lawsuits may violate federal law?
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Can a district judge issue a preliminary injunction enjoining a public benefit organization from filing public interest lawsuits in state court because such lawsuits may violate defendants’ First Amendment right against false compelled speech where the public benefit organization has already prevailed on such First Amendment defense after a trial on the merits in state court?
Counsel of record
For petitioner
Raphael Metzger
Metzger Law Group
For respondent
Trenton H. Norris
Arnold & Porter Kaye Scholer LLP
Case
Conference history
Distributed for 2 conferences
Proceedings
- Apr 17 2023Petition DENIED.
- Mar 29 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 29 2023Reply of petitioner Council for Education and Research on Toxics filed. (Distributed)
- Mar 15 2023Brief of respondent California Chamber of Commerce in opposition filed.
- Mar 06 2023Motion to extend the time to file a response is granted and the time is extended to and including March 15, 2023.
- Mar 03 2023Motion to extend the time to file a response from March 8, 2023 to March 15, 2023, submitted to The Clerk.
- Feb 06 2023Response Requested. (Due March 8, 2023)
- Feb 01 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 31 2023Waiver of right of respondent California Chamber of Commerce to respond filed.
- Jan 24 2023Petition for a writ of certiorari filed. (Response due February 27, 2023)