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Porter v. Martinez

Petition for certiorari denied on February 26, 2024

Docket No. Op. Below Argument Opinion Vote Author Term
23-423 9th Cir. N/A N/A N/A N/A OT 2023

Issue: (1) Whether the government may categorically ban expressive conduct, such as expressive honking of car horns, in the name of traffic safety without presenting any evidence that its ban furthers that interest; and (2) whether the government may categorically ban expressive conduct, such as expressive honking of car horns, where the government had not tried " or at least seriously considered " using less restrictive measures to address its traffic safety concerns.

DateProceedings and Orders (key to color coding)
07/27/2023Application (23A91) to extend the time to file a petition for a writ of certiorari from August 20, 2023 to October 19, 2023, submitted to Justice Kagan.
08/02/2023Application (23A91) granted by Justice Kagan extending the time to file until October 19, 2023.
10/19/2023Petition for a writ of certiorari filed. (Response due November 22, 2023)
10/27/2023Waiver of right of respondent Sean Duryee to respond filed.
11/01/2023Waiver of right of respondent Kelly Martinez to respond filed.
11/14/2023DISTRIBUTED for Conference of 12/1/2023.
11/21/2023Response Requested. (Due December 21, 2023)
12/04/2023Motion of respondent Sean Duryee to extend the time to file a response from December 21, 2023 to January 22, 2024, submitted to The Clerk.
12/06/2023Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2024, for all respondents.
01/19/2024Brief of respondent Kelly Martinez, in Her Official Capacity as Sheriff of San Diego County, in opposition filed.
01/22/2024Brief of respondent Sean Duryee in opposition filed.
01/22/2024Amicus brief of Erwin Chemerinsky not accepted for filing. (January 24, 2024 - the brief is out of time. See Rule 37.2)
02/06/2024Reply of petitioner Susan Porter filed. (Distributed)
02/07/2024DISTRIBUTED for Conference of 2/23/2024.
02/26/2024Petition DENIED.