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National Press Photographers Association v. Kelly Higgins, in His Official Capacity as District Attorney of Hays County, Texas, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-50337 · judgment January 10, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 10% cert probability (95% interval 7%–13%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Mickey H. Osterreicher David A. Schulz General Counsel Tobin Raju NATIONAL PRESS MEDIA FREEDOM AND PHOTOGRAPHERS INFORMATION ACCESS ASSOCIATION CLINIC FINNERTY OSTERREICHER YALE LAW SCHOOL & ABDULLA 127 Wall Street 70 Niagara Street New Haven, CT 06511 Buffalo, NY 14202 Alicia Wagner Calzada Deputy General Counsel NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION ALICIA WAGNER CALZADA, PLLC 926 Chulie Drive Suite 16 San Antonio, TX 78216

Counsel of record

For petitioner
James A. Hemphill
Graves, Dougherty, Hearon & Moody, PC

For respondent
Lanora Christine Pettit
Office of the Texas Attorney General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Aug 21 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Aug 20 2024
    Reply of petitioners National Press Photographers Association, et al. filed. (Distributed)
  4. Aug 02 2024
    Brief of respondents Kelly Higgins, in His Official Capacity as District Attorney of Hays County, Texas, et al. in opposition filed.
  5. Jun 12 2024
    Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2024.
  6. Jun 11 2024
    Motion to extend the time to file a response from July 5, 2024 to August 5, 2024, submitted to The Clerk.
  7. Jun 04 2024
    Response Requested. (Due July 5, 2024)
  8. May 28 2024
    DISTRIBUTED for Conference of 6/13/2024.
  9. May 13 2024
    Brief amici curiae of Texas Association of Broadcasters and 17 Media Organizations filed.
  10. Apr 12 2024
    Waiver of right of respondents Steven McCraw and Dwight Mathis to respond filed.
  11. Apr 09 2024
    Petition for a writ of certiorari filed. (Response due May 13, 2024)