Supreme Court Report

Supreme Court of the United States · Official docket →

City of Huntington Beach, California, et al. v. Gavin Newsom, Governor of California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-3694 · judgment October 30, 2024


Certiorari denied · February 23, 2026
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Whether the Constitution categorically denies a local government any capacity to invoke it against its State, without first determining—by reference to state law and the nature of the claim—the entity’s status within the State’s constitutional structure.

  2. Whether elected local officials may invoke the First Amendment against the State when state law compels them, in their official roles, to make a public statement they do not believe.

Counsel of record

For petitioner
Michael Joseph Vigliotta
City Attorney's Office City of Huntington Beach

For respondent
David Mehretu
Meyers Nave

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Linked docket
25A12

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 14 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 13 2026
    Reply of petitioners City of Huntington Beach, California, et al. filed. (Distributed)
  4. Dec 31 2025
    Brief of State Respondents in opposition filed.
  5. Dec 31 2025
    Brief of respondent Southern California Association of Governments in opposition filed.
  6. Nov 04 2025
    The motions to extend the time to file responses are granted and the time is extended to and including December 31, 2025, for all respondents.
  7. Nov 03 2025
    Motion of Gavin Newsom, et al. to extend the time to file a response from December 1, 2025 to December 31, 2025, submitted to The Clerk.
  8. Nov 03 2025
    Motion of Southern California Association of Governments to extend the time to file a response from December 1, 2025 to December 31, 2025, submitted to The Clerk.
  9. Oct 30 2025
    Response Requested. (Due December 1, 2025)
  10. Oct 23 2025
    Brief amici curiae of Independent Cities Association, et al. filed. (Distributed)
  11. Oct 22 2025
    DISTRIBUTED for Conference of 11/7/2025.
  12. Oct 20 2025
    Brief amici curiae of City of Riverside, California, et al. filed. (Distributed)
  13. Oct 16 2025
    Waiver of right of respondents Southern California Association of Governments (SCAG) to respond filed.
  14. Oct 01 2025
    Waiver of right of respondents Gavin Newsom, in his official capacity as Governor of the State of California, et al. to respond filed.
  15. Sep 18 2025
    Petition for a writ of certiorari filed. (Response due October 23, 2025)
  16. Aug 13 2025
    Application (25A12) granted by Justice Kagan extending the time to file until September 18, 2025.
  17. Aug 07 2025
    Application (25A12) to extend further the time from August 20, 2025 to September 18, 2025, submitted to Justice Kagan.
  18. Jul 07 2025
    Application (25A12) granted by Justice Kagan extending the time to file until August 20, 2025.
  19. Jun 30 2025
    Application (25A12) to extend the time to file a petition for a writ of certiorari from July 20, 2025 to August 20, 2025, submitted to Justice Kagan.