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Brach v. Newsom

Petition for certiorari denied on February 21, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-250 9th Cir. N/A N/A N/A N/A OT 2022

Issue: Whether a case is moot under Article III"s case-or-controversy requirement when the governor rescinds the offending policy after it is challenged in court, but the declaration of emergency remains in place and the governor retains the authority to reinstate the policy.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/13/2022Petition for a writ of certiorari filed. (Response due October 17, 2022)
10/11/2022Waiver of right of respondent Gavin Newsom, et al. to respond filed.
10/19/2022DISTRIBUTED for Conference of 11/4/2022.
10/28/2022Response Requested. (Due November 28, 2022)
11/08/2022Motion to extend the time to file a response from November 28, 2022 to December 28, 2022, submitted to The Clerk.
11/09/2022Motion to extend the time to file a response is granted and the time is extended to and including December 28, 2022.
12/27/2022Motion of California Constitutional Rights Foundation and Faith and Freedom Advocates for leave to file amicus brief not accepted for filing. (December 30, 2022)
12/27/2022Motion for leave to file amicus brief out of time filed by California Constitutional Rights Foundation.
12/28/2022Brief of respondents Gavin Newsom, Governor of California, et al. in opposition filed.
01/06/2023Reply of petitioners Matthew Brach, et al. filed.
01/11/2023DISTRIBUTED for Conference of 2/17/2023.
02/21/2023Motion for leave to file amicus brief out of time filed by California Constitutional Rights Foundation DENIED.
02/21/2023Petition DENIED.