| No. 17-1174 | |
| Title: | Luis A. Nieves, et al., Petitioners v. Russell P. Bartlett |
| Docketed: | February 22, 2018 |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (16-35631) |
| Decision Date: | October 20, 2017 |
| Rehearing Denied: | November 21, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Feb 16 2018 | Petition for a writ of certiorari filed. (Response due March 26, 2018) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Apr 11 2018 | DISTRIBUTED for Conference of 4/27/2018. |
| Apr 12 2018 | Response Requested. (Due May 14, 2018) |
| May 14 2018 | Brief of respondent Russell P. Bartlett in support filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 29 2018 | DISTRIBUTED for Conference of 6/14/2018. |
| Jun 18 2018 | DISTRIBUTED for Conference of 6/21/2018. |
| Jun 27 2018 | DISTRIBUTED for Conference of 6/27/2018. |
| Jun 28 2018 | Petition GRANTED. |
| Jul 25 2018 | Motion for an extension of time to file the opening briefs on the merits filed. |
| Main Document | |
| Aug 08 2018 | Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 20, 2018. The time to file respondent's brief on the merits is extended to and including October 2, 2018. |
| Aug 09 2018 | Blanket Consent filed by Petitioners, Luis A. Nieves, et al.. |
| Blanket Consent | |
| Aug 20 2018 | Brief of petitioners Luis A. Nieves, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2018 | Joint appendix filed (1 volume). (Statement of costs filed) |
| Main DocumentProof of Service | |
| Aug 20 2018 | Motion to file volume II of the joint appendix under seal filed by respondent Russell P. Bartlett. |
| Main DocumentProof of Service | |
| Aug 20 2018 | Joint appendix (volume II under sealed) filed . (Distributed) |
| Aug 24 2018 | Blanket Consent filed by Respondent, Russell P. Bartlett |
| Blanket Consent | |
| Aug 27 2018 | Brief amicus curiae of United States of America filed. |
| Proof of ServiceMain Document | |
| Aug 27 2018 | Brief amici curiae of National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, International Municipal Lawyers Association, National Sheriffs’ Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 27 2018 | Brief amici curiae of The District of Columbia, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2018 | DISTRIBUTED for Conference of 10/5/2018. |
| Oct 02 2018 | Brief of respondent Russell P. Bartlett filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 02 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Proof of ServiceMain Document | |
| Oct 09 2018 | SET FOR ARGUMENT ON Monday, November 26, 2018 |
| Oct 09 2018 | Motion to file volume II of the joint appendix under seal GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion. |
| Oct 09 2018 | Brief amici curiae of Three Individual Activists filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 09 2018 | Brief amici curiae of The First Amendment Foundation and Fane Lozman filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 09 2018 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 09 2018 | Brief amicus curiae of Institute for Justice filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 09 2018 | Brief amici curiae of National Police Accountability Project, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 09 2018 | Brief amicus curiae of Institute for Free Speech filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 09 2018 | Brief amici curiae of National Press Photographers Association, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word CountOther | |
| Oct 09 2018 | Brief amicus curiae of The Rutherford Institute filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 15 2018 | Record requested from U.S.C.D. 9th Circuit. |
| Oct 18 2018 | Record received from the U.S.C.A. 9th Circuit (1 envelope of restricted material). The public record is electronic and located on PACER. |
| Oct 19 2018 | CIRCULATED |
| Oct 26 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 01 2018 | Reply of petitioners Luis A. Nieves, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 26 2018 | Argued. For petitioners: Dario Borghesan, Assistant Attorney General, Anchorage, Alaska; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Zane D. Wilson, Fairbanks, Alaska. |
| Apr 26 2019 | Record received from the U.S.D.C. District of Alaska (Anchorage) is electronic. One part of the record is Sealed |
| May 28 2019 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Alito, Kagan, and Kavanaugh, JJ., joined, and in which Thomas, J., joined except as to Part II-D. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Gorsuch, J., filed an opinion concurring in part and dissenting in part. Ginsburg, J., filed an opinion concurring in the judgment in part and dissenting in part. Sotomayor, J., filed a dissenting opinion. |
| Jul 01 2019 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Dario Borghesan Counsel of Record | State of Alaska Department of Law 1031 W. Fourth Ave. Suite 200 Anchorage, AK 99501 dario.borghesan@alaska.gov | (907) 269-5100 |
| Party name: Luis A. Nieves, et al. | ||
| Attorneys for Respondent | ||
| Zane Dale Wilson Counsel of Record | CSG, Inc. 714 4th Ave., Suite 200 Fairbanks, AK 99707 zane@alaskalaw.com | 9074521855 |
| Party name: Russell P. Bartlett | ||
| Other | ||
| Floyd Abrams Counsel of Record | Cahill Gordon & Reindel LLP 80 Pine Street New York, NY 10005 fabrams@cahill.com | 212-701-3000 |
| Party name: Institute for Free Speech | ||
| Robert D. Balin Counsel of Record | Davis Wright Tremaine, LLP 1251 Avenue of the Americas, 21st FL New York, NY 10020-1104 robertbalin@dwt.com | 212-489-8230 |
| Party name: National Press Photographers Association and 30 Media and Free Speech Organizations in support of Respondent | ||
| Erin Glenn Busby Counsel of Record | 727 East Dean Keeton Street Austin, TX 78705 egbusby@swbell.net | 713-966-0409 |
| Party name: The Rutherford Institute | ||
| Michelle Otero Valdes Counsel of Record | Chalos & Co, P.C. 2030 S Douglas Road, Suite 117 Coral Gables, FL 33134 mov@chaloslaw.com | 3053773700 |
| Party name: Three Individual Activists | ||
| Loren L. AliKhan Counsel of Record | D.C. Office of the Attorney General 441 4th St., NW, Suite 630 South Washington, DC 20001 loren.alikhan@dc.gov | 202-727-6287 |
| Party name: The District of Columbia | ||
| Ginger D. Anders Counsel of Record | Munger, Tolles & Olson LLP 1155 F Street NW 7th Floor Washington, DC 20004 ginger.anders@mto.com | 2022201107 |
| Party name: The First Amendment Foundation and Fane Lozman | ||
| Bennett L. Cohen Counsel of Record | Polsinelli, PC 1401 Lawrence St. Suite 2300 303-572-9300, CO 80202 bcohen@polsinelli.com | (303)-572-9300 |
| Party name: National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, International Municipal Lawyers Association, National Sheriffs’ Association | ||
| Noel J. Francisco | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States of America | ||
| Brianne Jenna Gorod Counsel of Record | Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org | 202 296 6889 |
| Party name: Constitutional Accountability Center | ||
| Michael B. Kimberly Counsel of Record | Mayer Brown, LLP 1999 K Street, NW Washington, DC 20006 mkimberly@mayerbrown.com | (202) 263-3127 |
| Party name: Institute for Justice | ||
| David Michael Shapiro Counsel of Record | 375 East Chicago Avenue Chicago, IL 60611 david.shapiro@law.northwestern.edu | 312-503-0711 |
| Party name: National Police Accountability Project, Roderick & Solange MacArthur Justice Center, American Civil Liberties Union, and ACLU Of Alaska | ||