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John Stockton, et al. v. Nick Brown, Attorney General of Washington, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-3777 · judgment September 17, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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On September 16, 2025, the Washington Court of Appeals held that the State Medical Commission’s COVID-19 misinformation enforcement policy targeting physicians for their public viewpoint speech did not serve a compelling state interest and violated the First Amendment. Wilkinson v. Washington Medical Commission, 576 P.3d 1191 (Wash. Ct. App. 2025). The next day, the Ninth Circuit refused to reach the merits of Petitioners’ challenge to that same policy and affirmed dismissal under Younger v. Harris, 401 U.S. 37 (1971), finding that the policy served an “important state interest” justifying abstention. Appendix (“App.”) A at 14a. The questions presented are whether a federal court may abstain under Younger when a State appellate court has held the same enforcement policy unconstitutional, thereby eliminating any ongoing “important state interest” on which abstention could rest.
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Whether physician-Petitioners subject to ongoing state disciplinary proceedings for their public speech satisfy all justiciability requirements and are entitled to federal adjudication when: (a) they face concrete enforcement actions establishing Article III standing; (b) the state’s own courts have declared the challenged enforcement policy unconstitutional; and (c) the only barrier to adjudication was Younger abstention, which the state court’s ruling has eliminated.
Counsel of record
For petitioner
Richard A. Jaffe
For respondent
Peter Benjamin Gonick
Attorney General of Washington
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage
Proceedings
- May 04 2026Petition DENIED.
- Apr 30 2026Supplemental Brief of John Stockton not accepted for filing. (June 05, 2026) See Rules 15.8, 33.1 and 29.1
- Apr 15 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 14 2026Letter of petitioners John Stockton, et al. filed.
- Apr 13 2026Letter of respondents Nick Brown, Attorney General of Washington, et al. filed.
- Apr 06 2026Letter in lieu of reply of John Stockton not accepted for filing. (April 08, 2026 - See Rules 15.6 and 33.1)
- Apr 06 2026Reply of petitioners John Stockton, et al. filed.
- Apr 02 2026Brief of Nick Brown, Attorney General of Washington, et al. in opposition not accepted for filing. (To be resubmitted - April 7, 2026)
- Apr 02 2026Brief of respondents Nick Brown, Attorney General of Washington, et al. in opposition filed. (Resubmitted)
- Jan 28 2026Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2026.
- Jan 26 2026Motion to extend the time to file a response from February 17, 2026 to April 3, 2026, submitted to The Clerk.
- Jan 15 2026Response Requested. (Due February 17, 2026)
- Jan 07 2026DISTRIBUTED for Conference of 1/23/2026.
- Dec 29 2025Brief amici curiae of America's Future, et al. filed.
- Dec 23 2025Waiver of right of respondent Nick Brown, Attorney General of Washington, et al. to respond filed.
- Dec 23 2025Brief amici curiae of America's Frontline Doctors, et al. filed.
- Nov 20 2025Petition for a writ of certiorari filed. (Response due December 24, 2025)