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Docket for 10-239
No. 10-239
Vide 10-238
Title:
John McComish, et al., Petitioners
v.
Ken Bennett, in His Official Capacity as Arizona Secretary of State, et al.
Docketed:August 19, 2010
Linked with 09A736
Lower Ct:United States Court of Appeals for the Ninth Circuit
  Case Nos.:(10-15165, 10-15166)
  Decision Date:May 21, 2010
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Feb 5 2010 Application (09A736) to vacate stay entered by the United States Court of Appeals for the Ninth Circuit, submitted to Justice Kennedy.
Feb 5 2010 Response requested by Justice Kennedy (Response due by noon, February 10, 2010)
Feb 9 2010 Supplemental brief of applicant John McComish, et al. filed.
Feb 10 2010 Response to application from respondent Clean Elections Institute, Inc. filed.
Feb 10 2010 Response to application from respondent Ken Bennett, in his official capacity as Secretary of State of the State of Arizona, et al. filed.
Feb 11 2010 Reply of applicant John McComish, et al. filed.
Feb 16 2010 Application (09A736) referred to the Court.
Feb 16 2010 Application (09A736) denied by the Court. The application to vacate the stay presented to Justice Kennedy and by him referred to the Court is denied. Denial is without prejudice to a renewed application on June 1, 2010, or when the Court of Appeals has issued its decision on the merits of the case, whichever date is earlier.
May 24 2010 Application (09A1133) to vacate stay entered by the United States Court of Appeals for the Ninth Circuit, and for stay of mandate, submitted to Justice Kennedy.
May 25 2010 Letter of counsel for the applicants dated May 25, 2010, received.
May 25 2010 Response to application (09A1133) requested by Justice Kennedy, due Thursday, May 27, 2010, by noon EDT.
May 26 2010 Response in support of application (09A1133) from Arizona Free Enterprise Club's Freedom Club PAC, and Arizona Taxpayers Action Committee filed.
May 27 2010 Response to application from respondent Clean Elections Institute, Inc. filed.
May 27 2010 Response to application from respondent Ken Bennett, in his official capacity as Secretary of State of the State of Arizona, et al. filed.
May 27 2010 Motion for leave to file amicus brief filed by Buzz Mills for Governor Campaign.
May 27 2010 Reply of applicant John McComish, et al. filed.
Jun 1 2010 Application (09A1133) referred to the Court.
Jun 1 2010 Application (09A1163) to vacate stay entered by the United States Court of Appeals for the Ninth Circuit, and for stay of mandate, submitted to Justice Kennedy.
Jun 1 2010 Application (09A1133) denied by the Court. The application to vacate the stay presented to Justice Kennedy and by him referred to the Court is denied without prejudice to a renewed application if the parties represent that they intend to file a timely petition for a writ of certiorari before this Court. The motion of Buzz Mills for Governor Campaign for leave to file a brief as amicus curiae is granted.
Jun 2 2010 Response to application (09A1163) requested by Justice Kennedy, due Monday, June 7, 2010, by noon EDT.
Jun 7 2010 Response to application from respondent Clean Elections Institute, Inc. filed.
Jun 7 2010 Response to application from respondent Ken Bennett, in his official capacity as Secretary of State of the State of Arizona, et al. filed.
Jun 7 2010 Reply of applicant John McComish, et al. filed.
Jun 8 2010 Application (09A1163) referred to the Court.
Jun 8 2010 Application (09A1163) granted by the Court. The application to vacate the stay of the District Court's injunction and to stay the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 10-15165 presented to Justice Kennedy and by him referred to the Court is granted pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court.
Aug 17 2010 Petition for a writ of certiorari filed. (Response due September 20, 2010)
Aug 23 2010 Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondent Clean Elections Institute, Inc. VIDED.
Aug 23 2010 Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for Freedom Club PAC petitioners. VIDED.
Aug 23 2010 Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for petitioners John McCormish, Nancy McLain, and Tony Bouie. VIDED.
Aug 24 2010 Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for Ken Bennett, et al. (State Respondents). VIDED.
Aug 25 2010 Order extending time to file response to petition to and including October 20, 2010.
Aug 30 2010 Waiver of right of respondents Arizona Free Enterprise Club's Freedom Club PAC, et al. to respond filed.
Sep 16 2010 Brief amicus curiae of Cato Institute filed. VIDED.
Sep 16 2010 Brief amicus curiae of Center for Competitive Politics filed. VIDED.
Sep 20 2010 Brief amicus curiae of Yankee Institute for Public Policy filed.
Oct 19 2010 Brief of respondent Clean Elections Institute, Inc. in opposition filed. VIDED.
Oct 19 2010 Brief of respondents Ken Bennett, in his official capacity as Secretary of State of the State of Arizona, et al. in opposition filed. VIDED.
Oct 28 2010 Reply of petitioners John McComish, et al. filed. (Distributed)
Nov 1 2010 DISTRIBUTED for Conference of November 23, 2010.
Nov 29 2010 Petition GRANTED. The petition for certiorari in No. 10-238 is GRANTED. The cases are consolidated and a total of one hour is allotted for oral argument.
Dec 13 2010 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners Arizona Free Enterprise Club's Freedom Club. VIDED.
Dec 23 2010 SET FOR ARGUMENT ON Monday, March 28, 2011.
Jan 6 2011 Consent to the fiing of amicus curiae briefs, in support of either party or of neither party, received from counsel for peitioners John McComish, Nancy McLain and Topny Bouie. VIDED.
Jan 6 2011 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Clean Elections Institute, Inc. VIDED.
Jan 6 2011 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Ken Bennett, et al. VIDED.
Jan 12 2011 Brief of petitioners John McComish, et al. filed. VIDED.
Jan 13 2011 Brief of petitioners Arizona Free Enterprise Club's Freedom Club PAC, et al. filed. VIDED.
Jan 13 2011 Joint appendix filed (4 volumes). Statement of costs filed. VIDED.
Jan 14 2011 Joint motion for divided argument filed by petitioners. VIDED.
Jan 18 2011 Brief amicus curiae of Center for Competitive Politics filed. VIDED.
Jan 19 2011 Brief amicus curiae of Yankee Institute for Public Policy filed. VIDED.
Jan 19 2011 Brief amicus curiae of Justice and Freedom Fund filed. VIDED.
Jan 20 2011 Brief amici curiae of Four Former Chairmen and One Former Commissioner of the Federal Election Commission filed. VIDED.
Jan 20 2011 Brief amicus curiae of Wyoming Liberty Group filed.
Jan 20 2011 Brief amicus curiae of Cato Institute filed. VIDED.
Jan 20 2011 Brief amicus curiae of Mitch McConnell filed. VIDED.
Jan 25 2011 CIRCULATED.
Feb 2 2011 Record received from U.S.C.A. for 9th Circuit. (1 box)
Feb 2 2011 Record from U.S.D.C. for the District of Arizona is electronic.
Feb 11 2011 Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Feb 14 2011 Brief of respondent Clean Elections Institute, Inc. filed. VIDED. (Distributed)
Feb 14 2011 Brief of respondents Ken Bennett, et al. filed. VIDED. (Distributed)
Feb 15 2011 Brief amici curiae of Former Officials of the American Civil Liberties Union filed. VIDED. (Distributed)
Feb 17 2011 Brief amicus curiae of Center for Governmental Studies filed. VIDED. (Distributed)
Feb 18 2011 Brief amicus curiae of Union for Reform Judaism filed. VIDED. (Distributed)
Feb 18 2011 Brief amici curiae of Constitutional Scholars filed. VIDED. (Distributed)
Feb 22 2011 Brief amicus curiae of the United States filed. VIDED. (Distributed)
Feb 22 2011 Brief amicus curiae of Committee for Economic Development filed. VIDED. (Distributed)
Feb 22 2011 Brief amici curiae of Former Elected Officials filed. VIDED. (Distributed)
Feb 22 2011 Brief amici curiae of Anthony Corrado, et al. filed. VIDED. (Distributed)
Feb 22 2011 Brief amici curiae of Self-Financing Candidates Congressman Bill Foster (Ret.), et al. filed. VIDED. (Distributed)
Feb 22 2011 Brief amici curiae of Maine Citizens for Clean Elections, et al. filed. VIDED. (Distributed)
Feb 22 2011 Brief amici curiae of Professors of Constitutional and Election Law filed. VIDED. (Distributed)
Feb 22 2011 Brief amicus curiae of Service Employees International Union filed. VIDED. (Distributed)
Feb 22 2011 Brief amici curiae of Iowa, et al. filed. VIDED. (Distributed)
Feb 22 2011 Brief amici curiae of Costas Panagopoulos, et al. filed. VIDED. (Distributed)
Feb 22 2011 Brief amici curiae of Campaign Legal Center, et al. filed. VIDED. (Distributed)
Feb 22 2011 Brief amici curiae of Municipal Amici New York City, et al. filed. VIDED. (Distributed)
Mar 15 2011 Reply of petitioners John McComish, et al. filed. VIDED. (Distributed)
Mar 16 2011 Reply of petitioners Arizona Free Enterprise Club's Freedom Club PAC, et al. filed. VIDED. (Distributed)
Mar 18 2011 Motion of the Acting Solicitor General for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
Mar 18 2011 Motion for divided argument filed by petitioners DENIED.
Mar 28 2011 Argued. For petitioners: William R. Maurer, Seattle, Wash. For respondents: Bradley S. Phillips, Los Angeles, Cal.; and William M. Jay, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 27 2011 Judgment REVERSED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.
Jul 29 2011 JUDGMENT ISSUED.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioners:
Nicholas C. Dranias Scharf-Norton Center for Constitutional Litigation(602)-462-5000
    Counsel of RecordGoldwater Institute
500 East Coronado Rd.
Phoenix, AZ  85004
ndranias@goldwaterinstitute.org
Party name: John McComish, et al.
 
William R. Maurer Institute for Justice(206) 341-9300
    Counsel of Record101 Yesler Way, Suite 603
Seattle, WA  98104
wmaurer@ij.org
Party name: Arizona Free Enterprise Club's Freedom Club PAC, et al.
 
Timothy D. Keller Institute for Justice(480) 557-8300
398 S. Mill Ave., Suite 301
Tempe, AZ  85281
tkeller@ij.org
Party name: Arizona Free Enterprise Club's Freedom Club PAC, et al.
Attorneys for Respondents:
James E. Barton 1275 W. Washington Street (602) 542-8305
    Counsel of RecordPhoenix, AZ  85007
james.barton@azag.gov
Party name: Ken Bennett, et al.
 
Bradley S. Phillips Munger Tolles & Olson LLP(213) 683-9100
    Counsel of Record355 South Grand Avenue, 35th Floor
Los Angeles, CA  90071-1560
brad.phillips@mto.com
Party name: Clean Elections Institute, Inc.
 
Mary R. O'Grady Solicitor General(602) 542-3333
1275 W. Washington St.
Phoenix, AZ  85007-2928
SolicitorGeneral @azag.gov
Party name: Ken Bennett, in his official capacity as Secretary of State of the State of Arizona, et al.
Other:
Benjamin Barr Wyoming Liberty Group(202) 595-4671
1902 Thomes Ave.
Cheyenne, WY  82001
BenjaminBarr@gmail.com
Party name: Wyoming Liberty Group
 
Thomas Bennigson Public Good Law Center(510) 548-4064
3130 Shattuck Ave.
Berkeley, CA  94705
tbennigson@publicgoodlaw.org
Party name: Self-Financing Candidates Congressman Bill Foster (Ret.), et al.
 
James Bopp Jr. The Bopp Law Firm(812) 232-2434
1 South 6th Street
Terre Haute, IN  47807-3510
jboppjr@aol.com
Party name: Four Former Chairmen and One Former Commissioner of the Federal Election Commission
 
Bobby R. Burchfield McDermott Will & Emery LLP(202) 756-8000
500 N. Capitol Street, NW
Washington, DC  20001
bburchfield@mwe.com
Party name: Mitch McConnell
 
Jonathan F. Cohn Sidley Austin LLP(202) 736-8000
1501 K Street, N.W.
Washington, DC  20005
jcohn@sidley.com
Party name: Cato Institute
 
Alexis S. Coll-Very Simpson Thacher & Bartlett, LLP
2550 Hanover Street
Palo Alto, CA  94304
acoll-very@stblaw.com
Party name: Costas Panagopoulos, et al.
 
Norman Dorsen Stokes Professor of Law(212) 998-6172
New York University School of Law
40 Washington Square South
New York, NY  10012
norman.dorsen@nyu.edu
Party name: Former Officials of the American Civil Liberties Union
 
Ira M. Feinberg Hogan & Lovells US LLP(212) 918-3000
875 Third Avenue
New York, NY  10022
ira.feinberg@hoganlovells.com
Party name: Anthony Corrado, et al.
 
Charles Fried 1545 Massachusetts Avenue(617) 495-4636
Cambridge, MA  02138
fried@law.harvard.edu
Party name: Former Elected Officials
 
Andrew J. Goodman 100 Wall Street, 20th Floor(212) 965-4534
New York, NY  10005
agoodman@gsblaw.com
Party name: Union for Reform Judaism
 
Allison R. Hayward Professor(703) 894-6800
Center for Competitive Politics
124 S. West Street, Suite 201
Alesandria, VA  22314
ahaward@campaignfreedom
Party name: Center for Competitive Politics
 
J. Gerald Hebert The Campaign Legal Center(202) 736-2200
215 E Street, NE
Washington, DC  20002
ghebert@campaignlegalcenter.org
Party name: Campaign Legal Center, et al.
 
James L. Hirsen 505 S. Villa Real Drive(714) 283-8880
Suite 208
Anaheim Hills, CA  92807
hirsen@earthlink.net
Party name: Justice and Freedom Fund
 
William M. Jay Goodwin Procter LLP(202) 346-4000
901 New York Avenue, N.W.
Washington, DC  20001
wjay@goodwinprocter.com
Party name: John McComish, et al. v. Ken Bennett, in His Official Capacity as Arizona Secretary of State, et al.
 
Neal Kumar Katyal Acting Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ
Party name: the United States
 
Leonard J. Koerner New York City Law Department(212) 356-2500
100 Church Street, 6th Floor
New York, NY  10007
lkoerner@law.nyc.gov
Party name: New York City, et al.
 
Daniel F Kolb Davis Polk & Wardwell LLP(212) 450-4000
450 Lexington Ave.
New York, NY  10017
daniel.kolb@davispolk.com
Party name: Professors of Constitutional and Election Law
 
Peter J. Martin Hinckley Allen & Snyder, LLP(860)-331-2726
20 Church Street
Hartford, CT  06107
pmartin@haslaw.com
Party name: Yankee Institute for Public Policy
 
Mark E. Schantz Solicitor General(515) 281-5164
Iowa Attorney General's Office
1305 E. Walnut Street, 2nd Floor
Des Moines, IA  50319
Mark.Schantz@Iowa.gov
Party name: Iowa, et al.
 
Mark David Schneider Service Employess International Union(202) 350-6571
1800 Massachusetts Ave., N.W.
Washington, DC  20036
mark.schneider@seiu.org
Party name: Service Employees International Union
 
Paul M. Smith Jenner & Block LLP(202) 639-6000
1099 New York Avenue, N.W.
Suite 900
Washington, DC  20001
psmith@jenner.com
Party name: Committee for Economic Development
 
Donald B. Verrilli Jr. Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: the United States
 
Fredric D. Woocher Strumwasser & Woocher LLP(310) 576-1233
10940 Wilshire Boulevard,
Suite 2000
Los Angeles, CA  90024
fwoocher@strumwooch.com
Party name: Center for Governmental Studies
 
Brenda Wright 358 Chestnut Hill Avenue(617) 232-5885
Suite 303
Brighton, MA  02135
bwright@demos.org
Party name: Maine Citizens for Clean Elections, et al.
 
Elizabeth B. Wydra Constitutional Accountability Center(202) 296-6889
1200 18th St., N.W., Suite 501
Washington, DC  20036
elizabeth@theusconstitution.org
Party name: Constitutional Scholars
October 31, 2014 | Version 2014.1