No. 24-657
 
Title: Brian Firebaugh, et al., Petitioners
v.
Merrick B. Garland, Attorney General
Docketed: December 18, 2024
Linked with: 24A588
Lower Ct: United States Court of Appeals for the District of Columbia Circuit
   Case Numbers: (24-1130; 24-1183; 24-1113)
   Decision Date: December 6, 2024
Questions Presented
 
Proceedings and Orders
Dec 16 2024 Application (24A588) for injunction pending certiorari, submitted to The Chief Justice.
Main Document Proof of Service
Dec 16 2024 Petition for a writ of certiorari filed.
Dec 17 2024 Brief amicus curiae of American Civil Liberties Union, et al. filed.
Main Document Certificate of Word Count Proof of Service
Dec 18 2024 Petition GRANTED.
Dec 18 2024 Application (24A588) referred to the Court.
Dec 18 2024 Consideration of the application (24A587) for an injunction pending review presented to The Chief Justice and by him referred to the Court is deferred pending oral argument. Applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The petition for a writ of certiorari in No. 24-656 (24A587) is granted. The cases are consolidated, and a total of two hours is allotted for oral argument. The parties are directed to brief and argue the following question: Whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to petitioners, violates the First Amendment. The parties are directed to file electronically simultaneous opening briefs, limited to 13,000 words, and a joint appendix on or before 5 p.m. (EST), Friday, December 27, 2024. Reply briefs, limited to 6,000 words, are to be filed electronically on or before 5 p.m. (EST), Friday, January 3, 2025. Any amicus curiae briefs are to be filed electronically on or before 5 p.m. (EST), Friday, December 27, 2024. Booklet format briefs prepared in compliance with Rule 33.1 shall be submitted as soon as possible thereafter. The case is set for oral argument on Friday, January 10, 2025. VIDED.
Dec 18 2024 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. 24-656. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-656. 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.”
Dec 18 2024 SET FOR ARGUMENT at 10 a.m., Friday, January 10, 2025
Dec 26 2024 Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Jan 10 2025 Argued. For petitioners TikTok Inc., et al.: Noel J. Francisco, Washington, D. C. For petitioners Firebaugh, et al.: Jeffrey L. Fisher, Melo Park, Cal. For respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jan 17 2025 Adjudged to be AFFIRMED. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. Gorsuch, J., filed an opinion concurring in the judgment. VIDED.
Feb 18 2025 Judgment Issued.
Main Document
Attorneys
Attorneys for Petitioners
Jeffrey L. Fisher
Counsel of Record
O'Melveny & Myers LLP
2765 Sand Hill Road
Menlo Park, CA 94025

JLFISHER@OMM.COM
Ph: (650) 473-2600
Party name: Brian Firebaugh, et al.


Attorneys for Respondents
Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Garland, Merrick


Other Attorneys
Jameel Jaffer
Counsel of Record
Knight First Amendment Institute
475 Riverside Drive
Suite 302
New York, NY 10115

jameel.jaffer@knightcolumbia.org
Ph: 6467458500
Party name: Knight First Amendment Institute at Columbia University, Free Press, and Pen American Center


Thomas Ryan McCarthy
Counsel of Record
Consovoy McCarthy PLLC
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209

TOM@CONSOVOYMCCARTHY.COM
Ph: 7032439423
Party name: Former National Security Officials


John Marc Wheat
Counsel of Record
Advancing American Freedom, Inc.
801 Pennsylvania Ave., NW
Suite 930
Washington, DC 20004-2729

MWHEAT@ADVANCINGAMERICANFREEDOM.COM
Ph: (202) 780-4848
Party name: Advancing American Freedom