Americans for Prosperity Foundation v. Bonta

Consolidated with:

Thomas More Law Center v. Bonta

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-251	9th Cir.	Apr 26, 2021	Jul 1, 2021	6-3	Roberts	OT 2020

Holding: The U.S. Court of Appeals for the 9th Circuit"s judgment, which vacated the district court"s injunction of California"s compelled disclosure of Schedule Bs as not narrowly tailored to the state"s interest in investigating charitable misconduct, is reversed, and the cases are remanded.

Judgment: Reversed and remanded, 6-3, in an opinion by Chief Justice Roberts on July 1, 2021. Justices Kavanaugh and Barrett joined the court's opinion in full, Justices Alito and Gorsuch joined except as to Part II"B"1, and Justice Thomas joined except as to Parts II"B"1 and III"B. Justice Alito filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined.

SCOTUSblog Coverage

Divided court invalidates California donor-disclosure rules (Amy Howe, July 1, 2021)
Justices doubtful on California donor-disclosure requirement (Amy Howe, April 26, 2021)
Justices to consider constitutionality of donor disclosure rule (Amy Howe, April 25, 2021)
Justices grant review in 14 new cases but dont act on hot-button issues (Amy Howe, January 9, 2021)
Justices to take up case involving faith-based adoption agencies and same-sex couples (Amy Howe, February 24, 2020)
Relist Watch (John Elwood, February 7, 2020)
Status Quo Watch (John Elwood, January 22, 2020)
Relist Watch (John Elwood, January 14, 2020)
Petitions of the week (Andrew Hamm, October 3, 2019)

Date	Proceedings and Orders (key to color coding)
05/28/2019	Application (18A1224) to extend the time to file a petition for a writ of certiorari from June 27, 2019 to August 26, 2019, submitted to Justice Kagan.
05/28/2019	Application (18A1224) granted by Justice Kagan extending the time to file until August 26, 2019.
08/26/2019	Petition for a writ of certiorari filed. (Response due September 25, 2019)
09/06/2019	Blanket Consent filed by Petitioner, Americans for Prosperity Foundation.
09/09/2019	Motion to extend the time to file a response from September 25, 2019 to October 25, 2019, submitted to The Clerk.
09/11/2019	Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2019.
09/24/2019	Brief amicus curiae of Pacific Legal Foundation filed.
09/24/2019	Brief amicus curiae of Liberty Justice Center filed.
09/24/2019	Brief amicus curiae of Institute for Justice filed. VIDED.
09/25/2019	Brief amici curiae of Pacific Research Institute, Project for Privacy and Surveillance Accountability filed.
09/25/2019	Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED
09/25/2019	Brief amicus curiae of The Buckeye Institute filed.
09/25/2019	Brief amicus curiae of American Center for Law and Justice filed. VIDED.
09/25/2019	Brief amici curiae of Public Interest Legal Foundation, Center for Constitutional Jurisprudence, Foundation for Michigan Freedom and Texas Public Policy Foundation filed. VIDED.
09/25/2019	Brief amicus curiae of The National Association of Manufacturers filed.
09/25/2019	Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.
09/25/2019	Brief amicus curiae of Hispanic Leadership Fund filed. VIDED.
09/25/2019	Brief amici curiae of Cato Institute, et al. filed. VIDED.
09/25/2019	Brief amici curiae of Philanthropy Roundtable, et al. filed. VIDED.
09/25/2019	Brief amici curiae of 24 Family Policy Organizations filed. VIDED.
09/25/2019	Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
09/25/2019	Brief amicus curiae of Council on American-Islamic Relations filed.
09/25/2019	Brief amicus curiae of Public Integrity Alliance filed.
09/25/2019	Brief amicus curiae of Judicial Watch, Inc. filed.
09/25/2019	Brief amici curiae of States of Arizona et al. filed.
09/25/2019	Brief amicus curiae of American Target Advertising, Inc. filed.
09/25/2019	Brief amicus curiae of Institute for Free Speech filed. VIDED.
09/25/2019	Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.
10/03/2019	Motion to extend the time to file a response from October 25, 2019 to November 25, 2019, submitted to The Clerk.
10/07/2019	Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2019.
11/25/2019	Brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California in opposition filed. VIDED.
12/10/2019	Reply of petitioner Americans for Prosperity Foundation filed.
12/11/2019	DISTRIBUTED for Conference of 1/10/2020.
01/13/2020	DISTRIBUTED for Conference of 1/17/2020.
01/21/2020	DISTRIBUTED for Conference of 1/24/2020.
02/14/2020	DISTRIBUTED for Conference of 2/21/2020.
02/24/2020	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
11/24/2020	Brief amicus curiae of United States filed. VIDED.
12/09/2020	DISTRIBUTED for Conference of 1/8/2021.
12/09/2020	Supplemental brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California filed. VIDED. (Distributed)
01/08/2021	Petition GRANTED. The petition for a writ of certiorari in No. 19-255 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
01/08/2021	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. 19-251. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-251. 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.”
01/29/2021	Blanket Consent filed by Petitioner, Thomas More Law Center (in 19-255).
02/05/2021	Blanket Consent filed by Petitioner, Americans for Prosperity Foundation
02/22/2021	Brief of petitioner Thomas More Law Center filed (in 19-255).
02/22/2021	Joint appendix filed (in 19-255). (Statement of costs filed.)
02/22/2021	Brief of petitioner Americans for Prosperity Foundation filed (in 19-251).
02/22/2021	Joint appendix filed (in 19-251). (Statement of costs filed)
02/23/2021	Brief amicus curiae of James Madison Center for Free Speech filed. VIDED
02/24/2021	Brief amicus curiae of Council on American-Islamic Relations filed (in 19-251).
02/24/2021	Brief amici curiae of Pacific Legal Foundation, Southeastern Legal Foundation, and Center for Constitutional Jurisprudence filed. VIDED.
02/24/2021	Brief amicus curiae of Goldwater Institute and Rio Grande Foundation filed. VIDED.
02/25/2021	Brief amici curiae of Concerned Women for America, et al. filed. VIDED.
02/26/2021	Brief amici curiae of National Taxpayers Union Foundation, et al. filed. VIDED.
02/26/2021	Brief amicus curiae of Randy Elf filed. VIDED.
02/26/2021	Brief amici curiae of Public Interest Legal Foundation and Foundation for Michigan Freedom filed. VIDED.
02/26/2021	Brief amicus curiae of American Target Advertising, Inc. filed. VIDED.
03/01/2021	Amicus brief of Philanthropy Roundtable, Independent Women's Forum, and People United for Privacy Foundation not accepted for filing. (March 02, 2021 - corrected brief to be submitted.)
03/01/2021	Brief amicus curiae of Philanthropy Roundtable filed. VIDED.
03/01/2021	Amicus brief of The Electronic Frontier Foundation, et al. not accepted for filing. (March 02, 2021) (efiling will be resubmitted)
03/01/2021	Brief amicus curiae of Center for Equal Opportunity filed. VIDED.
03/01/2021	Brief amicus curiae of Citizen Power Initiatives for China filed. VIDED.
03/01/2021	Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.
03/01/2021	Brief amicus curiae of The American Legislative Exchange Council filed. VIDED.
03/01/2021	Brief amicus curiae of The Floyd Abrams Institute for Freedom of Expression at Yale Law School in support of neither party filed. VIDED.
03/01/2021	Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
03/01/2021	Brief amicus curiae of Institute for Free Speech filed. VIDED.
03/01/2021	Brief amici curiae of Association of National Advertisers (ANA) and the ANA Non-Profit Federation filed. VIDED.
03/01/2021	Brief amici curiae of Hispanic Leadership Fund, et al. filed. VIDED.
03/01/2021	Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED.
03/01/2021	Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.
03/01/2021	Brief amicus curiae of American Center for Law and Justice filed. VIDED.
03/01/2021	Brief amicus curiae of Liberty Justice Center filed. VIDED.
03/01/2021	Brief amici curiae of American Civil Liberties Union, Inc., et al. filed. VIDED.
03/01/2021	Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.
03/01/2021	Brief amicus curiae of The Legacy Foundation filed. VIDED.
03/01/2021	Brief amicus curiae of Independent Women's Law Center filed. VIDED.
03/01/2021	Brief amici curiae of The Nonprofit Alliance Foundation, et al. filed. VIDED.
03/01/2021	Brief amicus curiae of China Aid Association filed. VIDED
03/01/2021	Brief amicus curiae of Thomas More Society filed. VIDED
03/01/2021	Brief amici curiae of State of Arizona, et al. filed. VIDED.
03/01/2021	Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.
03/01/2021	Brief amici curiae of Congressman John Sarbanes and Democracy 21 in support of neither party filed. VIDED.
03/01/2021	Brief amici curiae of Protect The 1st and Pacific Research Institute filed. VIDED.
03/01/2021	Brief amicus curiae of United States supporting vacatur and remand filed. VIDED.
03/01/2021	Brief amici curiae of The Electronic Frontier Foundation, et al. filed. VIDED.
03/01/2021	Brief amici curiae of Citizens United and Citizens United Foundation filed. VIDED.
03/01/2021	Brief amicus curiae of Institute for Justice filed. VIDED.
03/01/2021	Brief amici curiae of The National Association of Manufacturers, et al. filed. VIDED.
03/01/2021	Brief amicus curiae of Senator Mitch McConnell filed. VIDED.
03/01/2021	Brief amici curiae of Cato Institute, et al. filed.
03/01/2021	Brief amicus curiae of Freedom Foundation filed.
03/01/2021	Brief amici curiae of The Buckeye Institute, et al. filed. VIDED.
03/09/2021	Application (20A148) to file respondent's consolidated brief on the merits in excess of the word limit, submitted to Justice Kagan. VIDED.
03/11/2021	Motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED.
03/12/2021	SET FOR ARGUMENT on Monday, April 26, 2021. VIDED.
03/12/2021	Application (20A148) granted by Justice Kagan to file respondent's consolidated brief on the merits in excess of the word limit. The brief may not exceed 15,000 words. VIDED.
03/12/2021	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
03/15/2021	Record requested.
03/15/2021	The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
03/24/2021	Brief of Matthew Rodriquez, Acting Attorney General of California not accepted for filing. (Corrected and reprinted brief submitted - March 25, 2021)
03/24/2021	Brief of respondent Matthew Rodriquez, Acting Attorney General of California filed (Mar. 25, 2021). VIDED.
03/30/2021	CIRCULATED
03/30/2021	Brief amicus curiae of The California Association of Nonprofits filed. VIDED. (Distributed)
03/31/2021	Brief amici curiae of States of New York, et al. filed. VIDED. (Distributed)
03/31/2021	Brief amicus curiae of CharityWatch filed. VIDED. (Distributed)
03/31/2021	Brief amici curiae of Scholars of the Law of Non-Profit Organizations filed. VIDED. (Distributed)
03/31/2021	Brief amici curiae of Public Citizen and Public Citizen Foundation filed. VIDED. (Distributed)
03/31/2021	Brief amici curiae of U.S. Senators filed (in 19-251). (Distributed)
03/31/2021	Amicus brief of Legal Historians not accepted for filing. (April 06, 2021 - Corrected brief submitted.)
03/31/2021	Brief amici curiae of Legal Historians filed. VIDED. (Distributed)
03/31/2021	Brief amicus curiae of National Council of Nonprofits filed. VIDED. (Distributed)
03/31/2021	Amicus brief of Campaign Legal Center, et al. not accepted for filing. (Corrected brief submitted)
03/31/2021	Brief amici curiae of Campaign Legal Center, et al. filed. VIDED. (April 17, 2021). (Distributed)
04/05/2021	Motion of petitioners for divided argument is DENIED; motion of petitioners for enlargement of time for oral argument is GRANTED, and the time is allotted as follows: 30 minutes for petitioners, 10 minutes for the Acting Solicitor General, and 30 minutes for respondent.
04/05/2021	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
04/16/2021	Reply of petitioner Americans for Prosperity Foundation filed (in 19-251). (Distributed)
04/17/2021	Motion to file the reply brief out of time filed by petitioner Thomas More Law Center (in 19-255). (Distributed)
04/24/2021	Motion of Thomas More Law Center to file a reply brief out of time GRANTED.
04/26/2021	Argued. For petitioners: Derek L. Shaffer, Washington, D. C. For United States, as amicus curiae: Elizabeth B. Prelogar, Acting Solicitor General, Department of Justice, Washington, D. C. For respondent: Aimee A. Feinberg, Deputy Solicitor General, Sacramento, Cal. VIDED.
07/01/2021	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, except as to Part II– B–1. Kavanaugh and Barrett, JJ., joined that opinion in full, Alito and Gorsuch, JJ., joined except as to Part II–B–1, and Thomas, J., joined except as to Parts II–B–1 and III–B. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Alito, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined. VIDED.
08/02/2021	JUDGMENT ISSUED.