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City of Austin, Texas v. Reagan National Advertising of Austin, LLC
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-1029 | 5th Cir. | Nov 10, 2021 | Apr 21, 2022 | 6-3 | Sotomayor | OT 2021 |
Holding: The distinction between on-premises signs and off-premises signs in the city of Austin’s sign code is facially content-neutral under the First Amendment.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on April 21, 2022. Justice Breyer filed a concurring opinion. Justice Alito filed an opinion concurring in the judgment in part and dissenting in part. Justice Thomas filed a dissenting opinion, in which Justices Gorsuch and Barrett joined.
SCOTUSblog Coverage
- In Austin sign spat, court declines to strike down billboard regulation under First Amendment (Amy Howe, April 21, 2022)
- Announcement of opinions for Thursday, April 21 (complete) (Angie Gou, April 21, 2022)
- From barbecue restaurants to highway beautification, justices mull implications of sign-ordinance case (Amy Howe, November 10, 2021)
- In First Amendment challenge to city billboard rules, justices will be sign language interpreters (Amy Howe, November 9, 2021)
- New York Second Amendment case headlines November argument calendar (Amy Howe, August 16, 2021)
- Justices won’t intervene in dispute over transgender rights and bathrooms (Amy Howe, June 28, 2021)
- Immigration, takings, administrative law and the kitchen sink (John Elwood, June 24, 2021)
- The Civil Rights Act, the Clean Air Act and the Sixth Amendment (Andrew Hamm, February 19, 2021)
| Date | Proceedings and Orders |
|---|---|
| Jan 20 2021 | Petition for a writ of certiorari filed. (Response due March 1, 2021) |
| Feb 08 2021 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. |
| Feb 25 2021 | Waiver of right of respondent Reagan National Advertising of Austin, Inc. to respond filed. |
| Mar 01 2021 | Brief amici curiae of Chambers of Commerce, et al. filed. (Distributed) |
| Mar 03 2021 | DISTRIBUTED for Conference of 3/19/2021. |
| Mar 12 2021 | Response Requested. (Due April 12, 2021) |
| Mar 17 2021 | Motion to extend the time to file a response from April 12, 2021 to May 12, 2021, submitted to The Clerk. |
| Mar 23 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2021. |
| May 12 2021 | Brief of respondents Reagan National Advertising of Austin, Incorporated, et al. in opposition filed. |
| May 26 2021 | Reply of City of Austin not accepted for filing. (May 28, 2021) (Corrected version submitted) |
| May 26 2021 | Reply of petitioner City of Austin filed. |
| Jun 01 2021 | DISTRIBUTED for Conference of 6/17/2021. |
| Jun 21 2021 | DISTRIBUTED for Conference of 6/24/2021. |
| Jun 28 2021 | Petition GRANTED. |
| Aug 03 2021 | Blanket Consent filed by Respondent, Reagan National Advertising of Austin, Inc. |
| Aug 03 2021 | Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed. |
| Aug 04 2021 | Letter requesting case caption correction filed by petitioner. |
| Aug 09 2021 | Motion to extend the time to file the joint appendix and petitioner's brief on the merits is granted and the time is extended to and including August 13, 2021. |
| Aug 13 2021 | Brief of petitioner City of Austin filed. |
| Aug 13 2021 | Joint appendix filed. (Statement of costs filed) |
| Aug 16 2021 | ARGUMENT SET FOR Wednesday, November 10, 2021. |
| Aug 17 2021 | Motion for an extension of time to file respondents' brief on the merits filed. |
| Aug 19 2021 | Brief amicus curiae of The American Planning Association in Support of Neither Party filed. |
| Aug 20 2021 | Amicus brief of Chambers of Commerce, Business Leagues, Environmental Organizations, and On-Premise Sign Associations not accepted for filing. (August 20, 2021) |
| Aug 20 2021 | Brief amicus curiae of United States filed. |
| Aug 20 2021 | Brief amici curiae of Knight First Amendment Institute at Columbia University and Professor Genevieve Lakier filed. |
| Aug 20 2021 | Brief amici curiae of The National League of Cities; The U.S. Conference of Mayors; The International City/County Management Association; The International Municipal Lawyers Association filed. |
| Aug 20 2021 | Brief amicus curiae of International Sign Association filed. |
| Aug 20 2021 | Brief amici curiae of Land Developers, Chambers of Commerce, and Scenic Organizations filed. |
| Aug 20 2021 | Brief amicus curiae of Outfront Media Inc. filed. |
| Aug 20 2021 | Brief amici curiae of State of Florida, et al., filed. |
| Aug 20 2021 | Amicus brief of State of Florida, et al., not accepted for filing. (October 08, 2021--Duplicate submission) |
| Aug 26 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| Aug 31 2021 | Motion to extend the time to file respondents brief on the merits granted and the time is extended to and including September 22, 2021. |
| Sep 01 2021 | Record requested from the U.S.C.A. 5th Circuit. |
| Sep 01 2021 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer. |
| Sep 21 2021 | CIRCULATED |
| Sep 22 2021 | Letter pursuant to Rule 35.3 received. |
| Sep 22 2021 | Brief of respondents Reagan National Advertising of Austin, LLC, et al. filed. (Distributed) |
| Sep 27 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed. (Distributed) |
| Sep 28 2021 | Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) |
| Sep 29 2021 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| Sep 29 2021 | Brief amici curiae of Alliance Defending Freedom, et al. filed. (Distributed) |
| Sep 29 2021 | Brief amicus curiae of Institute for Justice filed. (Distributed) |
| Sep 29 2021 | Brief amici curiae of Out of Home Advertising Association of America, Inc., et al. filed. (Distributed) |
| Sep 29 2021 | Brief amicus curiae of Institute for Free Speech filed. (Distributed) |
| Sep 29 2021 | Brief amicus curiae of Cato Institute filed. (Distributed) |
| Sep 29 2021 | Brief amicus curiae of Protect the First Foundation filed. (Distributed) |
| Sep 29 2021 | Brief amicus curiae of Summus 2, LLC dba Summus Outdoor filed. (Distributed) |
| Sep 29 2021 | Brief amicus curiae of Liberty Justice Center filed. (Distributed) |
| Oct 04 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| Oct 18 2021 | The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondents. |
| Oct 22 2021 | Reply of petitioner City of Austin filed. (Distributed) |
| Nov 10 2021 | Argued. For petitioner: Michael R. Dreeben, Washington, D. C.; and Benjamin Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Kannon K. Shanmugam, Washington, D. C. |
| Apr 21 2022 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Kagan, and Kavanaugh, JJ., joined. Breyer, J., filed a concurring opinion. Alito, J., filed an opinion concurring in the judgment in part and dissenting in part. Thomas, J., filed a dissenting opinion, in which Gorsuch and Barrett, JJ., joined. |
| May 23 2022 | Judgment Issued |
