Supreme Court of the United States · Official docket →
Vivek H. Murthy, Surgeon General, et al. v. Missouri, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-30445 · judgment September 8, 2023
Decided · October 20, 2023
Pre-decision estimate: 16% cert probability (95% interval 11%–23%)
Before the decision, about 3.9× 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 Fifth Circuit decision below.
Question presented
. . . the government respectfully suggests the following questions presented: (1) Whether respondents have Article III standing; (2) Whether the government’s challenged conduct transformed private social-media companies’ content-moderation decisions into state action and violated respondents’ First Amendment rights; and (3) Whether the terms and breadth of the preliminary injunction are proper. The application for stay presented to JUSTICE ALITO and by him referred to the Court is granted. The preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22–cv–01213, as modified by the United States Court of Appeals for the Fifth Circuit on October 3, 2023, case No. 23–30445, is stayed. The application for stay is also treated as a petition for a writ of certiorari, and the petition is granted on the questions presented in the application. The stay shall terminate upon the sending down of the judgment of this Court.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Jonathon Christian Burns
Burns Law Firm
Case
Conference history
Distributed for 3 conferences
Amicus briefs
5 cert-stage · 43 merits
(15 supporting pet./neither, 28 respondent)
Argument & decision
Argued March 18, 2024 — Brian H. Fletcher · J. Benjamin Aguiñaga. Audio and transcript
Decided October 20, 2023. Opinion by Barrett.
Proceedings
- Jul 29 2024Judgment Issued.
- Jun 26 2024Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Jackson, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined.
- Mar 18 2024Argued. For petitioners: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, La.
- Mar 06 2024Motion for leave to file out of time, for divided argument, and for enlargement of time for oral argument DENIED.
- Mar 04 2024Reply of petitioners Vivek H. Murthy, et al. filed. (Distributed)
- Feb 29 2024Record received electronically from the United States District Court for the Western District of Louisiana and available with the Clerk.
- Feb 15 2024Motion for divided argument and for enlargement of time for oral argument out of time filed by respondents Jayanta Bhattacharya, et al.
- Feb 14 2024CIRCULATED
- Feb 09 2024Brief amicus curiae of National Institute of Family and Life Advocates filed.
- Feb 09 2024Brief amici curiae of Kennedy Plaintiffs filed.
- Feb 09 2024Brief amicus curiae of Informed Consent Action Network filed. (Feb. 13, 2024) (Distributed)
- Feb 09 2024Brief amici curiae of America's Future, et al. filed.
- Feb 09 2024Brief amicus curiae of American Free Enterprise Chamber of Commerce filed.
- Feb 09 2024Brief amicus curiae of National Religious Broadcasters filed.
- Feb 09 2024Brief amici curiae of Charlie Kirk, et al. filed.
- Feb 09 2024Brief amicus curiae of International Center For Law & Economics filed.
- Feb 09 2024Brief amici curiae of America’s Frontline Doctors and Dr. Simone Gold, M.D., J.D. filed.
- Feb 09 2024Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
- Feb 09 2024Brief amicus curiae of Angela Reading filed.
- Feb 09 2024Brief amici curiae of Montana, et al. filed.
- Feb 09 2024Brief amicus curiae of Buckeye Institute filed.
- Feb 09 2024Brief amicus curiae of Liberty Counsel filed.
- Feb 09 2024Brief amici curiae of Amicus Populi and Freedom X filed.
- Feb 09 2024Brief amicus curiae of The Rutherford Institute filed.
- Feb 09 2024Brief amici curiae of Foundation for Individual Rights and Expression, et al. filed.
- Feb 09 2024Brief amici curiae of Jim Jordan, et al. filed.(Feb. 15, 2024) (Distributed)
- Feb 08 2024Brief amici curiae of Manhattan Institute, et al. filed.
- Feb 08 2024Brief amicus curiae of Center for American Liberty filed.
- Feb 08 2024Brief amicus curiae of Americans for Prosperity Foundation filed.
- Feb 08 2024Brief amici curiae of Justin Hart and the Liberty Justice Center filed.
- Feb 08 2024Brief amicus curiae of The “Twitter Files” Journalists: Matt Taibbi, et al. filed.
- Feb 08 2024Brief amici curiae of Advancing American Freedom, Inc, et al. filed.
- Feb 07 2024Brief amicus curiae of Association of American Physicians and Surgeons filed.
- Feb 07 2024Brief amicus curiae of Louder with Crowder, LLC filed.
- Feb 07 2024Brief amicus curiae of Atlantic Legal Foundation filed.
- Feb 07 2024Brief amicus curiae of Institute for Free Speech filed.
- Feb 05 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Feb 02 2024Brief of respondents Missouri, et al. filed.
- Jan 29 2024SET FOR ARGUMENT on Monday, March 18, 2024.
- Jan 29 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
- Dec 26 2023Brief amici curiae of Secretaries of State of Arizona, et al. filed.
- Dec 26 2023Brief amici curiae of New York, et al. filed.
- Dec 26 2023Brief amicus curiae of The Coalition for Independent Technology Research filed.
- Dec 26 2023Brief amicus curiae of Stanford University filed.
- Dec 26 2023Brief amicus curiae of United States Senator Mark Warner filed.
- Dec 26 2023Brief amicus curiae of Election Officials in support of neither party filed.
- Dec 22 2023Brief amicus curiae of Knight First Amendment Institute at Columbia University in support of neither party filed.
- Dec 22 2023Brief amici curiae of American Academy of Pediatrics, et al. filed.
- Dec 22 2023Brief amici curiae of The International Municipal Lawyers Association in support of neither party (also as to 22-842) filed. VIDED.
- Dec 22 2023Brief amici curiae of The Lawyer's Committee For Civil Rights Under Law, et al. filed.
- Dec 22 2023Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed.
- Dec 22 2023Brief amicus curiae of Reporters Committee for Freedom of the Press in support of neither party filed.
- Dec 21 2023Brief amici curiae of NetChoice, et al. in support of neither party filed.
- Dec 21 2023Brief amici curiae of Electronic Frontier Foundation, et al. in support of neither party filed.
- Dec 21 2023Brief amicus curiae of Floor64, Inc. d/b/a the Copia Institute, in support of neither party filed.
- Dec 19 2023Brief of petitioners Vivek H. Murthy, et al. filed.
- Dec 19 2023Joint appendix filed. (Statement of cost filed.)
- Dec 11 2023Motion of Kennedy Plaintiffs for leave to intervene DENIED. Justice Alito, dissenting from the denial of the motion to intervene. (Detached Opinion)
- Dec 01 2023Rescheduled.
- Dec 01 2023Motion DISTRIBUTED for Conference of 12/8/2023.
- Dec 01 2023Motion for an extension of time to file the briefs on the merits filed.
- Dec 01 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 December 19, 2023. The time to file respondent's briefs on the merits is extended to and including February 2, 2024.
- Nov 27 2023Motion DISTRIBUTED for Conference of 12/1/2023.
- Nov 13 2023Reply on motion to intervene filed. (Distributed)
- Nov 06 2023Response in opposition to motion to intervene from respondents Missouri, et al. filed. (Distributed)
- Nov 02 2023Response in opposition to motion to intervene from petitioners Vivek H. Murthy, et al. filed. (Distributed)
- Nov 01 2023Motion DISTRIBUTED for Conference of 11/17/2023.
- Oct 26 2023Motion for leave to intervene filed by Kennedy Plaintiffs.
- Oct 20 2023Application (23A243) referred to the Court.
- Oct 20 2023Application (23A243) for stay presented to Justice Alito and by him referred to the Court is granted. The preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22–cv–01213, as modified by the United States Court of Appeals for the Fifth Circuit on October 3, 2023, case No. 23–30445, is stayed. The application for stay is also treated as a petition for a writ of certiorari, and the petition is granted on the questions presented in the application (case No. 23-411). The stay shall terminate upon the sending down of the judgment of this Court. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting from grant of application for stay. (Detached Opinion)
- Oct 20 2023Petition GRANTED.
- Oct 17 2023Brief amicus curiae of Michael Eugene Reznick filed.
- Oct 13 2023Order issued by Justice Alito: Upon consideration of the application of counsel for the applicant, the response, and the reply filed thereto, it is ordered that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22-cv-01213, is hereby administratively stayed until 5 p.m. (EDT) on Friday, October 20, 2023.
- Oct 10 2023Response to Applicants' Third Supplemental Memorandum Regarding Application for a Stay of Injunction filed.
- Oct 06 2023Amicus brief of Michael Eugene Reznick not accepted for filing. (corrected copy to be submitted by counsel)(October 13, 2023)
- Oct 06 2023Notice and Opposition to Stay Request of Michael Eugene Reznick not accepted for filing. (October 13, 2023)
- Oct 05 2023Third Supplemental Memorandum Regarding Emergency Application for a Stay filed.
- Oct 03 2023Supplemental Letter from Missouri, et al. filed.
- Sep 26 2023Second Supplemental Memorandum Regarding Emergency Application For A Stay filed.
- Sep 26 2023Supplemental Memorandum Regarding Emergency Application For A Stay filed.
- Sep 26 2023Letter to the Clerk filed by Missouri, et al.
- Sep 25 2023Supplemental Letter from Missouri, et al. filed.
- Sep 22 2023Order issued by Justice Alito: Upon further consideration of the application of counsel for the applicants, the response, and the reply filed thereto, it is ordered that the stay issued on September 14, 2023, is hereby extended until 11:59 p.m. (EDT) on Wednesday, September 27, 2023.
- Sep 21 2023Reply of applicant Vivek H. Murthy, et al. filed.
- Sep 20 2023Response to application from respondent Missouri, et al. filed.
- Sep 20 2023Brief amicus curiae of Michael Benz filed.
- Sep 20 2023Brief amicus curiae of Kennedy Plaintiffs filed.
- Sep 20 2023Brief amicus curiae of Angela Reading filed.
- Sep 20 2023Notice of Appearance by Interested Party and Notice of Related Case Captioned Richard Jackson v. Twitter, Inc.; Notice of Intent to File Amicus Brief of Michael Eugene Reznick not accepted for filing. (October 13, 2023)
- Sep 19 2023Brief amicus curiae of Ohio filed.
- Sep 14 2023Application (23A243) for a stay, submitted to Justice Alito.
- Sep 14 2023Petition for a writ of certiorari filed.
- Sep 14 2023Order issued by Justice Alito: UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22-cv-01213, is hereby administratively stayed until 11:59 p.m. (EDT) on Friday, September 22, 2023. It is further ordered that any response to the application be filed on or before Wednesday, September 20, 2023, by 4 p.m. (EDT).