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Docket for 19-1231
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Search documents in this case:
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
 
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 Document Proof 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 Service Written 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)
Petition Proof 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 Document Certificate of Word Count Proof of Service Proof 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 Document Certificate of Word Count Proof 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 Document Proof 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 Document Proof of Service
Nov 16 2020 Brief of petitioners FCC, et al. filed.
Main Document Proof of Service
Nov 16 2020 Brief of Industry Petitioners filed. VIDED.
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof of Service
Nov 23 2020 Brief amicus curiae of TechFreedom filed. VIDED
Main Document Certificate of Word Count Proof of Service
Nov 23 2020 Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof of Service
Nov 23 2020 Brief amicus curiae of Gray Television, Inc. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Nov 23 2020 Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
Main Document Certificate of Word Count Proof 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 Service Main Document
Dec 16 2020 Brief of respondents Prometheus Radio Project, et al. filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 22 2020 Brief amicus curiae of Public Citizen filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof of Service
Dec 23 2020 Brief amici curiae of District of Columbia, et al. filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 23 2020 Brief amici curiae of Members of Congress filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 23 2020 Brief amici curiae of Former FCC Commissioners filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 23 2020 Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 23 2020 Brief amici curiae of Media Law and Policy Scholars filed. VIDED. (Distributed)
Main Document Other Certificate of Word Count Proof of Service
Dec 23 2020 Brief amicus curiae of The American Statistical Association filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof 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 Document Proof of Service
Jan 08 2021 Reply of Industry Petitioners filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof 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.
Attorneys
Attorneys for Petitioners
Brian H. Fletcher
Counsel of Record
Acting Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SupremeCtBriefs@USDOJ.gov
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 202-572-9906
Party name: Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc.


Other Attorneys
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.


Corbin Knight Barthold
Counsel of Record
TechFreedom
110 Maryland Ave NE
Suite 205
Washington, DC 20002
cbarthold@techfreedom.org
Ph: 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
Ph: 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
Ph: 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
Ph: (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
Ph: 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
Ph: 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
Ph: (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
Ph: 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
Ph: (202) 588-1000
Party name: Public Citizen


David Edward Mills
Counsel of Record
Suite 500
1255 23rd Street
Washington, DC 20037
dmills@cooley.com
Ph: 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
Ph: 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
Ph: (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
Ph: 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
Ph: 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
Ph: (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
Ph: 202-730-1300
Party name: Former FCC Commissioners

 

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