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Georgia Association of Club Executives, Inc. v. Georgia, et al.

Paid petition · Supreme Court of Georgia, No. S24A0726, S24A0772 · judgment October 31, 2024


Certiorari denied · June 30, 2025
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

A Georgia statute imposes a tax that, on its face, singles out businesses defined by the content of their expression; the State seeks to justify the tax by the need to address “secondary effects.” Is this tax subject to strict scrutiny under the First Amendment because it is facially content-discriminatory, as recently reaffirmed by Reed v. Town of Gilbert, 576 U.S. 155 (2015), or does a contentneutral rationale make the tax subject to intermediate scrutiny under City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986)?

Counsel of record

For petitioner
Alexander Volokh
Emory Law School

For respondent
Stephen John Petrany
Georgia Department of Law

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Jun 30 2025
    Petition DENIED.
  2. Jun 10 2025
    DISTRIBUTED for Conference of 6/26/2025.
  3. Jun 06 2025
    Reply of petitioner Georgia Association of Club Executives, Inc. filed. (Distributed)
  4. May 22 2025
    Brief of respondents Georgia, et al. in opposition filed.
  5. Apr 23 2025
    Brief amici curiae of First Amendment Scholars filed.
  6. Apr 23 2025
    Brief amici curiae of Secular Pro-Life, et al. filed.
  7. Mar 31 2025
    Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2025.
  8. Mar 28 2025
    Motion to extend the time to file a response from April 23, 2025 to May 23, 2025, submitted to The Clerk.
  9. Mar 24 2025
    Response Requested. (Due April 23, 2025)
  10. Mar 18 2025
    Brief amici curiae of Foundation for Individual Rights and Expression, et al. filed. (Distributed)
  11. Mar 12 2025
    DISTRIBUTED for Conference of 3/28/2025.
  12. Mar 10 2025
    Waiver of right of respondent Georgia, et al. to respond filed.
  13. Feb 12 2025
    Petition for a writ of certiorari filed. (Response due March 20, 2025)