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Elizabeth Flynt v. Rob Bonta, Attorney General of California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-16376 · judgment March 14, 2025


Certiorari denied · January 12, 2026
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

Whether a state law that discriminates against firms engaged in interstate commerce by forcing firms to choose between being part of the enacting state’s intrastate market, or the interstate markets of the other states, but not both violates the dormant Commerce Clause?

Counsel of record

For petitioner
Erin McCampbell Paris
Maurice Wutscher LLP

For respondent
Joshua A. Klein
California Department of Justice

Case

Conference history
Distributed for 2 conferences

Linked docket
24A1185

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 23 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 16 2025
    Reply of petitioner Elizabeth Flynt filed.
  4. Dec 03 2025
    Brief of respondents Rob Bonta, Attorney General of California, et al. in opposition filed.
  5. Oct 20 2025
    Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2025.
  6. Oct 17 2025
    Motion to extend the time to file a response from November 3, 2025 to December 3, 2025, submitted to The Clerk.
  7. Oct 02 2025
    Response Requested. (Due November 3, 2025)
  8. Sep 24 2025
    DISTRIBUTED for Conference of 10/10/2025.
  9. Aug 26 2025
    Waiver of right of respondents Rob Bonta, et al. to respond filed.
  10. Aug 11 2025
    Petition for a writ of certiorari filed. (Response due September 12, 2025)
  11. Jun 03 2025
    Application (24A1185) granted by Justice Kagan extending the time to file until August 11, 2025.
  12. May 30 2025
    Application (24A1185) to extend the time to file a petition for a writ of certiorari from June 12, 2025 to August 11, 2025, submitted to Justice Kagan.