Houston Community College System v. Wilson
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-804 | 5th Cir. | Nov 2, 2021 | Mar 24, 2022 | 9-0 | Gorsuch | OT 2021 |
Holding: Respondent David Wilson does not possess an actionable First Amendment claim arising from his purely verbal censure by the Board of Trustees of the Houston Community College System.
Judgment: Reversed, 9-0, in an opinion by Justice Gorsuch on March 24, 2022.
SCOTUSblog Coverage
- Announcement of opinions for Thursday, March 24 (complete) (Angie Gou, March 24, 2022)
- College boards censure of one of its members didnt violate First Amendment, justices rule (Amy Howe, March 24, 2022)
- Justices seek narrow ruling on authority of public bodies to censure their own members (Amy Howe, November 2, 2021)
- A community-college spat leads to a First Amendment retaliation claim (Amy Howe, November 1, 2021)
- New York Second Amendment case headlines November argument calendar (Amy Howe, August 16, 2021)
- Justices add new cases on state secrets, free speech (Amy Howe, April 26, 2021)
- Sovereign immunity, legislative censure and another habeas question (John Elwood, April 21, 2021)
- Petitions of the week: Three Second Amendment petitions and a Wiretap Act claim against Facebook (Andrew Hamm, January 15, 2021)
| Date | Proceedings and Orders |
|---|---|
| 12/11/2020 | Petition for a writ of certiorari filed. (Response due January 13, 2021) |
| 12/30/2020 | Motion to extend the time to file a response from January 13, 2021 to February 12, 2021, submitted to The Clerk. |
| 12/31/2020 | Motion to extend the time to file a response is granted and the time is extended to and including February 12, 2021. |
| 01/13/2021 | Brief amicus curiae of Texas Association of School Boards Legal Assistance Fund filed. |
| 01/29/2021 | Motion to extend the time to file a response from February 12, 2021 to March 22, 2021, submitted to The Clerk. |
| 02/01/2021 | Motion to extend the time to file a response is granted and the time is further extended to and including March 22, 2021. |
| 03/22/2021 | Brief of respondent David Buren Wilson in opposition filed. |
| 03/26/2021 | Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed. |
| 03/31/2021 | DISTRIBUTED for Conference of 4/16/2021. |
| 03/31/2021 | Reply of petitioner Houston Community College System filed. (Distributed) |
| 04/19/2021 | DISTRIBUTED for Conference of 4/23/2021. |
| 04/26/2021 | Petition GRANTED. |
| 06/01/2021 | Motion for an extension of time to file the briefs on the merits filed. |
| 06/04/2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 14, 2021. The time to file respondent's brief on the merits is extended to and including September 17, 2021. |
| 06/24/2021 | Blanket Consent filed by Petitioner, Houston Community College System |
| 06/24/2021 | Blanket Consent filed by Respondent, David Buren Wilson |
| 07/14/2021 | Brief of petitioner Houston Community College System filed. |
| 07/14/2021 | Joint appendix filed. (Statement of costs filed) |
| 07/19/2021 | Brief amici curiae of Texas Association of School Boards Legal Assistance Fund, et al. filed. |
| 07/20/2021 | Brief amicus curiae of Foundation for Individual Rights in Education in support of neither party filed. |
| 07/21/2021 | Brief amicus curiae of United States filed. |
| 07/21/2021 | Brief amicus curiae of Association of Governing Boards of Universities and Colleges filed. |
| 07/21/2021 | Brief amici curiae of The State of Texas, et al. filed. |
| 07/21/2021 | Brief amicus curiae of American Jewish Committee filed. |
| 08/16/2021 | ARGUMENT SET FOR Tuesday, November 2, 2021. |
| 09/01/2021 | Record requested from the U.S.C.A. 5th Circuit. |
| 09/01/2021 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer. |
| 09/17/2021 | Brief of respondent David Buren Wilson filed. (Distributed) |
| 09/21/2021 | CIRCULATED |
| 09/24/2021 | Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed) |
| 09/24/2021 | 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. |
| 10/12/2021 | 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. |
| 10/15/2021 | Reply of petitioner Houston Community College System filed. (Distributed) |
| 10/18/2021 | The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondent. |
| 10/28/2021 | The record from the U.S.D.C. Southern District of Texas has been electronically filed. |
| 11/02/2021 | Argued. For petitioner: Richard A. Morris, Houston, Tex.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: MIchael B. Kimberly, Washington, D. C. |
| 03/24/2022 | Judgment REVERSED. Gorsuch, J., delivered the opinion for a unanimous Court. |
| 04/25/2022 | JUDGMENT ISSUED. |