| No. 19-1231 Vide 19-1241 | |
| Title: | Federal Communications Commission, et al., Petitioners v. Prometheus Radio Project, et al. |
| Docketed: | April 20, 2020 |
| Linked with 19A879 | |
| Lower Ct: | United States Court of Appeals for the Third Circuit |
| Case Numbers: | (17-1107, 17-1109, 17-1110, 17-1111, 18-1092, 18-1669, 18-1670, 18-1671, 18-2943, 18-3335) |
| Decision Date: | September 23, 2019 |
| Rehearing Denied: | November 20, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Feb 07 2020 | Application (19A879) to extend the time to file a petition for a writ of certiorari from February 18, 2020 to March 19, 2020, submitted to Justice Alito. |
| Main DocumentProof of Service | |
| Feb 12 2020 | Application (19A879) granted by Justice Alito extending the time to file until March 19, 2020. |
| Mar 09 2020 | Application (19A879) to extend further the time from March 19, 2020 to April 18, 2020, submitted to Justice Alito. |
| Proof of ServiceWritten Request | |
| Mar 11 2020 | Application (19A879) granted by Justice Alito extending the time to file until April 18, 2020. |
| Apr 17 2020 | Petition for a writ of certiorari filed. (Response due May 20, 2020) |
| PetitionProof of Service | |
| May 05 2020 | Motion to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk. |
| Main Document | |
| May 06 2020 | Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020. |
| May 12 2020 | Motion of Benton Institute for Broadband & Society, et al. to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk. |
| Main Document | |
| May 13 2020 | Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020, for all respondents. |
| May 20 2020 | Brief amicus curiae of Gray Television, Inc. filed. VIDED |
| Main DocumentCertificate of Word CountProof of ServiceProof of Service | |
| Jul 20 2020 | Waiver of right of respondent Independent Television Group to respond filed. |
| Main Document | |
| Jul 21 2020 | Brief of respondents Prometheus Radio Project; et al. in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 22 2020 | Waiver of right of Lane, Dennis Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. to respond filed. |
| Main Document | |
| Aug 05 2020 | Reply of petitioners FCC, et al. filed. |
| Main DocumentProof of Service | |
| Aug 19 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Oct 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-1241 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Oct 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1231. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1231. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Nov 16 2020 | Joint appendix filed (statement of costs filed 4/13/21). VIDED. |
| Main DocumentProof of Service | |
| Nov 16 2020 | Brief of petitioners FCC, et al. filed. |
| Main DocumentProof of Service | |
| Nov 16 2020 | Brief of Industry Petitioners filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 17 2020 | Blanket Consent filed by Petitioner, National Association of Broadcasters |
| Blanket Consent | |
| Nov 23 2020 | Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Publc Policy Studies filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 23 2020 | Brief amicus curiae of TechFreedom filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 23 2020 | Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 23 2020 | Brief amici curiae of The ABC Television Affiliates Association, The CBS Television Network Affiliates Association, The FBC Television Affiliates Association, and The NBC Television Affiliates filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 23 2020 | Brief amicus curiae of Gray Television, Inc. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 23 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 25 2020 | SET FOR ARGUMENT on Tuesday, January 19, 2021. VIDED. |
| Dec 03 2020 | Record requested from the U.S.C.A. 3rd Circuit. |
| Dec 08 2020 | CIRCULATED |
| Dec 11 2020 | Motion for divided argument filed by petitioners FCC, et al. VIDED. |
| Proof of ServiceMain Document | |
| Dec 16 2020 | Brief of respondents Prometheus Radio Project, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 22 2020 | Brief amicus curiae of Public Citizen filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2020 | The record received from the U.S.C.A. 3rd Circuit, for case numbers 19-1231 & 19-1241 (Consolidated). The record has been filed electronically for both case numbers. |
| Dec 23 2020 | Amicus brief of Public Knowledge not accepted for filing. (December 23, 2020) |
| Dec 23 2020 | Amicus brief of Public Knowledge not accepted for filing. (December 23, 2020) |
| Dec 23 2020 | Brief amicus curiae of Public Knowledge filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2020 | Brief amici curiae of District of Columbia, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2020 | Brief amici curiae of Members of Congress filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2020 | Brief amici curiae of Former FCC Commissioners filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2020 | Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2020 | Brief amici curiae of Media Law and Policy Scholars filed. VIDED. (Distributed) |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Dec 23 2020 | Brief amicus curiae of The American Statistical Association filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2020 | Brief amici curiae of Professors of Communications Law, Policy, and Administrative Law, and Doctors of Economics and Social Science filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2020 | Amicus brief of Sue Wilson, Media Action Center not accepted for filing. (January 14, 2021) |
| Dec 23 2020 | Brief amicus curiae of Sue Wilson, Media Action Center filed (Corrected PDF submitted - 1/14/21). (Distributed) VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 08 2021 | Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED. |
| Jan 08 2021 | Reply of petitioner FCC, et al. filed. (Distributed) |
| Main DocumentProof of Service | |
| Jan 08 2021 | Reply of Industry Petitioners filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Argued. For petitioners in 19-1231: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For petitioners in 19-1241: Helgi C. Walker, Washington, D. C. For respondents: Ruthanne M. Deutsch, Washington, D. C. VIDED. |
| Apr 01 2021 | Judgment REVERSED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED. |
| May 03 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Elizabeth B. Prelogar Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: FCC, et al. | ||
| Helgi C. Walker Counsel of Record | Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, NW Washington, DC 20036 hwalker@gibsondunn.com | 202-955-8500 |
| Party name: National Association of Broadcasters | ||
| Attorneys for Respondents | ||
| Ruthanne Mary Deutsch Counsel of Record | Deutsch Hunt, PLLC 300 New Jersey Ave., NW, Suite 900 Washington, DC 20001 rdeutsch@deutschhunt.com | 2028686915 |
| Party name: Prometheus Radio Project; Media Mobilizing Project; Free Press; Office of Communication, Inc. of the United Church of Christ, et al. | ||
| Jack N. Goodman Counsel of Record | Law Offices of Jack N Goodman 1200 New Hampshire Ave, NW Suite 600 Washington, DC 20036 jack@jackngoodman.com | 2027762045 |
| Party name: Independent Television Group | ||
| Dennis Lane Counsel of Record | Stinson LLP 1775 Pennsylvania Ave., NW. Suite 800 Washington, DC 20006 dennis.lane@stinson.com | 202-572-9906 |
| Party name: Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. | ||
| Other | ||
| Loren L. AliKhan Counsel of Record | D.C. Office of the Attorney General Office of the Solicitor General 400 6th Street, NW, Suite 8100 Washington, DC 20001 loren.alikhan@dc.gov | 202-727-6287 |
| Party name: District of Columbia, et al. | ||
| Corbin Knight Barthold Counsel of Record | TechFreedom 110 Maryland Ave NE Suite 205 Washington, DC 20002 cbarthold@techfreedom.org | 9257886847 |
| Party name: TechFreedom | ||
| Elizabeth Rogers Brannen Counsel of Record | Stris & Maher LLP 777 S. Figueroa St. Ste. 3850 Los Angeles, CA 90017 elizabeth.brannen@strismaher.com | 2139956800 |
| Party name: The Leadership Conference on Civil and Human Rights, the Leadership Education Fund, and 16 Other Public Interest Organizations | ||
| James Patrick Davy Counsel of Record | All Rise Trial & Appellate P.O. Box 15216 Philadelphia, PA 19125 jimdavy@allriselaw.org | 609-273-5008 |
| Party name: Media Law and Policy Scholars | ||
| Richard D. Faulkner Counsel of Record | Faulkner ADR Law 12770 Coit Road Suite 720 Dallas, TX 75251 rfaulkner@faulkneradrlaw.com | (972) 427-1500 |
| Party name: Sue Wilson, Media Action Center | ||
| Harold Feld Counsel of Record | Public Knowledge 1818 N St., NW Suite 410 Washington, DC 20036 hfeld@publicknowledge.org | 202-559-1044 |
| Party name: Public Knowledge | ||
| 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: Members of Congress | ||
| Tyler Green Counsel of Record | Consovoy McCarthy PLLC `1600 Wilson Blvd Suite 700 Arlington, VA 22209 tyler@consovoymccarthy.com | (703) 243-9423 |
| Party name: Southeastern Legal Foundation | ||
| Ian Marc Herman Counsel of Record | Wilson Elser Moskowitz Edelman & Dicker, LLP 150 East 42nd Street New York, NY 10017 elie.herman@wilsonelser.com | 2129155724 |
| Party name: The American Statistical Association | ||
| Nandan Maheshchandra Joshi Counsel of Record | Public Citizen Litigation Group 1600 20th Street, NW Washington, DC 20009 njoshi@citizen.org | (202) 588-1000 |
| Party name: Public Citizen | ||
| David Edward Mills Counsel of Record | Suite 500 1255 23rd Street Washington, DC 20037 dmills@cooley.com | 2028427800 |
| Party name: Gray Television, Inc. | ||
| Michael David Pepson Counsel of Record | Americans for Prosperity Foundation 1310 N. Courthouse Rd., Ste. 700 Arlington, VA 22201 mpepson@afphq.org | 5713294529 |
| Party name: Americans for Prosperity Foundation | ||
| Mark J. Prak Counsel of Record | Brooks, Pierce, McLendon, Humphrey and Leonard LLP 1600 Wells Fargo Capitol Center 150 Fayetteville Street Raleigh, NC 27601 mprak@brookspierce.com | (919) 839-0300 |
| Party name: The ABC Television Affiliates Association, The CBS Television Network Affiliates Association, The FBC Television Affiliates Association, and The NBC Television Affiliates | ||
| Catherine J.K. Sandoval Counsel of Record | Santa Clara University School of Law 500 El Camino Real Santa Clara, CA 95058 Csandoval@scu.edu | 4085511902 |
| Party name: Professors of Communications Law, Policy, and Administrative Law, and Doctors of Economics and Social Science | ||
| Andrew Jay Schwartzman Counsel of Record | Andrew Jay Schwartzman 1341 G Steet NW Fifth Floor Washington, DC 20005 andyschwartzman@gmail.com | 2022412408 |
| Party name: Benton Institute for Broadband & Society, National Hispanic Media Coalition, National Organization for Women Foundation, Media Alliance and Media Counsel Hawai’i. | ||
| Lawrence Jay Spiwak Counsel of Record | Phoenix Center for Advanced Legal & Economic Public Policy Studies 5335 Wisconsin Avenue, NW Suite 440 Washington, DC 20015 lspiwak@phoenix-center.org | (202) 274-0235 |
| Party name: Phoenix Center for Advanced Legal & Economic Publc Policy Studies | ||
| Christopher J. Wright Counsel of Record | Harris, Wiltshire & Grannis LLP 1919 M Street NW, Fl. 8 Washington, DC 20036 cwright@hwglaw.com | 202-730-1300 |
| Party name: Former FCC Commissioners | ||