Supreme Court of the United States · Official docket →
Brian Firebaugh, et al. v. Merrick B. Garland, Attorney General
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 24-1130; 24-1183; 24-1113 · judgment December 6, 2024
Before the decision, about 7.2× 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 D.C. Circuit decision below.
Question presented
Consolidated with 24-656. THE PARTIES ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTION: WHETHER THE PROTECTING AMERICANS FROM FOREIGN ADVERSARY CONTROLLED APPLICATIONS ACT, AS APPLIED TO PETITIONERS, VIOLATES THE FIRST AMENDMENT.
Counsel of record
For petitioner
Jeffrey L. Fisher
O'Melveny & Myers LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
—
Amicus briefs
1 cert-stage
Argument & decision
Argued January 10, 2025 — Noel J. Francisco · Jeffrey L. Fisher · Elizabeth B. Prelogar. Audio and transcript
Decided January 17, 2025.
Proceedings
- Feb 18 2025Judgment Issued.
- Jan 17 2025Adjudged to be AFFIRMED. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. Gorsuch, J., filed an opinion concurring in the judgment. VIDED.
- Jan 10 2025Argued. For petitioners TikTok Inc., et al.: Noel J. Francisco, Washington, D. C. For petitioners Firebaugh, et al.: Jeffrey L. Fisher, Melo Park, Cal. For respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. VIDED.
- Dec 26 2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Dec 18 2024Petition GRANTED.
- Dec 18 2024Application (24A588) referred to the Court.
- Dec 18 2024Consideration of the application (24A587) for an injunction pending review presented to The Chief Justice and by him referred to the Court is deferred pending oral argument. Applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The petition for a writ of certiorari in No. 24-656 (24A587) is granted. The cases are consolidated, and a total of two hours is allotted for oral argument. The parties are directed to brief and argue the following question: Whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to petitioners, violates the First Amendment. The parties are directed to file electronically simultaneous opening briefs, limited to 13,000 words, and a joint appendix on or before 5 p.m. (EST), Friday, December 27, 2024. Reply briefs, limited to 6,000 words, are to be filed electronically on or before 5 p.m. (EST), Friday, January 3, 2025. Any amicus curiae briefs are to be filed electronically on or before 5 p.m. (EST), Friday, December 27, 2024. Booklet format briefs prepared in compliance with Rule 33.1 shall be submitted as soon as possible thereafter. The case is set for oral argument on Friday, January 10, 2025. VIDED.
- Dec 18 2024Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 24-656. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-656. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Dec 18 2024SET FOR ARGUMENT at 10 a.m., Friday, January 10, 2025
- Dec 17 2024Brief amicus curiae of American Civil Liberties Union, et al. filed.
- Dec 16 2024Application (24A588) for injunction pending certiorari, submitted to The Chief Justice.
- Dec 16 2024Petition for a writ of certiorari filed.