No. 15-1485
 
Title: District of Columbia, et al., Petitioners
v.
Theodore Wesby, et al.
Docketed: June 8, 2016
Linked with: 15A1050, 16A956
Lower Ct: United States Court of Appeals for the District of Columbia Circuit
   Case Numbers: (12-7127)
   Decision Date: September 2, 2014
   Rehearing Denied: February 8, 2016
Questions Presented
 
Proceedings and Orders
Apr 13 2016 Application (15A1050) to extend the time to file a petition for a writ of certiorari from May 8, 2016 to June 8, 2016, submitted to The Chief Justice.
Apr 13 2016 Application (15A1050) granted by The Chief Justice extending the time to file until June 8, 2016.
Jun 08 2016 Petition for a writ of certiorari filed. (Response due July 8, 2016)
Jun 28 2016 Waiver of right of respondents Theodore Wesby, et al. to respond filed.
Jul 08 2016 Motion for leave to file amicus brief filed by International Municipal Lawyers Association, Inc.
Jul 08 2016 Brief amici curiae of Utah and Seventeen Other States filed.
Jul 13 2016 DISTRIBUTED for Conference of September 26, 2016.
Jul 18 2016 Response Requested. (Due August 17, 2016)
Aug 08 2016 Order extending time to file response to petition to and including September 16, 2016.
Sep 16 2016 Brief of respondents Theodore Wesby, et al. in opposition filed.
Oct 04 2016 Reply of petitioners District of Columbia, et al. filed.
Oct 05 2016 DISTRIBUTED for Conference of October 28, 2016.
Oct 31 2016 DISTRIBUTED for Conference of November 4, 2016.
Nov 07 2016 DISTRIBUTED for Conference of November 10, 2016.
Nov 14 2016 DISTRIBUTED for Conference of November 22, 2016.
Nov 28 2016 DISTRIBUTED for Conference of December 2, 2016.
Dec 05 2016 DISTRIBUTED for Conference of December 9, 2016.
Dec 27 2016 DISTRIBUTED for Conference of January 6, 2017.
Jan 09 2017 DISTRIBUTED for Conference of January 13, 2017.
Jan 17 2017 DISTRIBUTED for Conference of January 19, 2017.
Jan 19 2017 Motion for leave to file amicus brief filed by International Municipal Lawyers Association, Inc. GRANTED.
Jan 19 2017 Petition GRANTED.
Feb 17 2017 The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 5, 2017.
Feb 17 2017 The time to file respondents' brief on the merits is extended to and including July 12, 2017.
Apr 05 2017 Application (16A956) to extend the time to file a reply brief on the merits from August 11, 2017 to September 1, 2017, submitted to The Chief Justice.
Apr 12 2017 Application (16A956) granted by The Chief Justice extending the time to file the reply brief on the merits until September 1, 2017.
May 05 2017 Joint appendix filed. (Statement of costs filed.)
May 05 2017 Brief of petitioners District of Columbia, et al. filed.
May 11 2017 Brief amici curiae of The National Association of Counties, et al. filed.
May 12 2017 Brief amicus curiae of United States filed.
May 12 2017 Brief amici curiae of Utah and Twenty-Five Other States filed.
May 22 2017 Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 12 2017 Brief of respondents Theodore Wesby, et al. filed.
Jul 19 2017 SET FOR ARGUMENT on Wednesday, October 4, 2017.
Jul 19 2017 Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 01 2017 Record requested from the U.S.C.A. District of Columbia Circuit.
Aug 09 2017 CIRCULATED
Aug 21 2017 Record received from the U.S.C.A. District of Columbia Circuit is electronic and available on PACER with the exception of one restricted document that is electronic.
Aug 25 2017 Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 01 2017 Reply of petitioners District of Columbia, et al. filed. (Distributed)
Oct 04 2017 Argued. For petitioners: Todd Kim, Solicitor General, Washington, D. C.; and Robert A. Parker, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nathaniel P. Garrett, San Francisco, Cal.
Jan 22 2018 Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. Ginsburg, J., filed an opinion concurring in the judgment in part.
Feb 23 2018 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
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
Ph: 202-727-6287
Party name: District of Columbia , et al.


Attorneys for Respondents
Nathaniel Peardon Garrett
Counsel of Record
Jones Day
555 California Street, 26th Floor
San Francisco, CA 94104

ngarrett@jonesday.com
Ph: 415 626 3939
Party name: Theodore Wesby, et al.


Gregory L. Lattimore
Law Offices of Gregory L. Lattimore, PLLC
1200 G Street, NW
Suite 800
Washington, DC 20005

Ph: (202) 434-4513
Party name: Theodore Wesby, et al.


Ted J. Williams

Law Offices of Gregory L. Lattimer, PLLC
1200 G Street, N.W., Suite 800
Washington, DC 20005

lattlaw@aol.com
Ph: (202) 434-4513
Party name: Theodore Wesby, et al.


Other Attorneys
Kymberly Kathryn Evanson
Pacifica Law Group, LLP
1191 Second Avenue, Suite 2000
Seattle, WA 98101

Kymberly.evanson@pacificalawgroup.com
Ph: 206.245.1700
Party name: International Municipal Lawyers Association Inc.


Noel John Francisco
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: United States


Tyler R. Green
Solicitor General
350 N. State Street
Suite 230, P.O. Box 142320
Salt Lake City, UT 84114-2320

tylergreen@agutah.gov
Ph: (801) 538-9600
Party name: Utah and Seventeen other States


John J. Korzen
Wake Forest University School of Law
Appellate Advocacy Clinic
P.O. Box 7206 Reynolda Station
Winston-Salem, NC 27109-7206

korzenjj@wfu.edu
Ph: (336) 758-5832
Party name: The National Association of Counties, et al.


Andrew J. Pincus
Mayer Brown LLP
1999 K Street, NW
Washington, DC 20006

apincus@mayerbrown.com
Ph: (202) 263-3000
Party name: American Civil Liberties Union, et al.