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Living Essentials, LLC v. Washington

Petition for certiorari denied on October 5, 2020

Docket No. Op. Below Argument Opinion Vote Author Term
19-988 Wash. Ct. App. N/A N/A N/A N/A OT 2020

Issue: Whether the prior-substantiation doctrine"which makes a commercial speaker liable if it lacks adequate "substantiation" for its factual claims before making them in an advertisement, even if the speech is never proven to be false"violates the First Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/10/2019Application (19A646) to extend the time to file a petition for a writ of certiorari from January 1, 2020 to February 3, 2020, submitted to Justice Kagan.
12/10/2019Application (19A646) granted by Justice Kagan extending the time to file until February 3, 2020.
02/03/2020Petition for a writ of certiorari filed. (Response due March 9, 2020)
02/12/2020Waiver of right of respondent State of Washington to respond filed.
02/19/2020DISTRIBUTED for Conference of 3/6/2020.
02/27/2020Response Requested. (Due March 30, 2020)
02/28/2020Brief amici curiae of Robert M McKenna and Michael C Turpen filed.
03/06/2020Motion to extend the time to file a response from March 30, 2020 to May 29, 2020, submitted to The Clerk.
03/10/2020Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2020.
03/11/2020Brief amici curiae of Goldwater Institute; Cato Institute; Reason Foundation filed.
03/27/2020Brief amicus curiae of Liberty Justice Center filed.
03/27/2020Brief amicus curiae of Center for Constitutional Jurisprudence filed.
03/30/2020Brief amici curiae of Kentucky, et al. filed.
05/05/2020Motion to extend the time to file a response from May 29, 2020 to June 29, 2020, submitted to The Clerk.
05/06/2020Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2020.
06/29/2020Brief of respondent State of Washington in opposition filed.
07/13/2020Reply of petitioners Living Essentials, LLC, et al. filed. (Distributed)
07/15/2020DISTRIBUTED for Conference of 9/29/2020.
10/05/2020Petition DENIED.