Supreme Court of the United States · Official docket →
Azadeh Khatibi, et al. v. Felix C. Yip, President of the Medical Board of California, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-3108 · judgment July 25, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
California requires physicians to complete 50 hours of Continuing Medical Education (CME) every two years as a condition of maintaining their medical licenses. In 2022, the State began requiring that every CME course—even highly technical instruction on subjects such as retinal tumors—address implicit bias and its role in producing disparities in healthcare. Petitioners—an ophthalmologist who teaches CME courses and a professional association whose members develop and teach accredited CME programs— challenged this mandate as compelled speech in violation of the First Amendment. Because CME courses are produced and delivered by private actors, California cannot require them to convey the State’s message on a controversial subject. The district court dismissed the complaint, and the Ninth Circuit affirmed, holding that CME courses constitute government speech based on the State’s extensive regulation of the medical field—even though the State does not create, review, or edit the content of CME courses. In one of two three-judge dissents from the denial of rehearing en banc, Judge VanDyke warned that the decision puts the Ninth Circuit “out of step with the precedent of the Supreme Court” and its “sister circuits.” The question presented is: Whether private instruction in courses required for state licensure constitutes government speech.
Counsel of record
For petitioner
Joshua Paul Thompson
Pacific Legal Foundation
For respondent
Zach ZhenHe Tan
California Department of Justice
Proceedings
- Aug 26 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 24 2026Reply of petitioners Azadeh Khatibi, et al. filed. (Distributed)
- Aug 12 2026Brief of respondents Felix C. Yip, President of the Medical Board of California, et al. in opposition filed.
- Aug 03 2026Letter of respondent Felix C. Yip filed.
- Jun 22 2026Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2026.
- Jun 18 2026Motion to extend the time to file a response from July 13, 2026 to August 12, 2026, submitted to The Clerk.
- Jun 11 2026Response Requested. (Due July 13, 2026)
- Jun 09 2026DISTRIBUTED for Conference of 6/25/2026.
- Jun 01 2026Brief amici curiae of Center for Equal Opportunity, et al. filed.
- Jun 01 2026Brief amicus curiae of Judicial Watch, Inc. filed.
- Jun 01 2026Brief amicus curiae of The Buckeye Institute filed.
- Jun 01 2026Brief amici curiae Montana, et al. filed.
- May 28 2026Brief amicus curiae of Association of American Physicians and Surgeons filed.
- May 18 2026Waiver of right of respondent Randy Hawkins, President of the Medical Board of California, et al. to respond filed.
- May 15 2026Brief amicus curiae of Cato Institute filed.
- Apr 28 2026Petition for a writ of certiorari filed. (Response due June 1, 2026)
- Mar 23 2026Application (25A1032) granted by Justice Kagan extending the time to file until April 29, 2026.
- Mar 16 2026Application (25A1032) to extend the time to file a petition for a writ of certiorari from March 29, 2026 to April 29, 2026, submitted to Justice Kagan.