McCullen v. Coakley

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-1168	1st Cir.	Jan 15, 2014	Jun 26, 2014	9-0	Roberts	OT 2013

Holding: A Massachusetts law which makes it a crime to stand on a public road or sidewalk within thirty-five feet of a reproductive health care facility violates the First Amendment.

Judgment: Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on June 26, 2014. Justice Scalia filed an opinion concurring in the judgment, in which Justice Kennedy and Thomas joined. Justice Alito also filed an opinion concurring in the judgment.

SCOTUSblog Coverage

A "view" from the Court: Some surprises in penultimate session (UPDATED) (Mark Walsh, June 26, 2014)
Opinion analysis: A broader right to oppose abortion (Lyle Denniston, June 26, 2014)
What is left of Hill v. Colorado? (Kevin Russell, June 26, 2014)
Handicapping todays argument in clinic buffer zone case: In Plain English (Amy Howe, January 16, 2014)
Argument recap: Buffer zones? Maybe yes, but how big? (Lyle Denniston, January 15, 2014)
Argument preview: "Buffer zones" and free speech (Lyle Denniston, January 14, 2014)
Free speech and abortion rights collide: In Plain English (Amy Howe, January 14, 2014)
SCOTUS for law students (sponsored by Bloomberg Law): Buffer zones and free speech (Stephen Wermiel, October 10, 2013)
Details on abortion protest grant (Mike Gottlieb, June 24, 2013)
Petition of the day (Mary Pat Dwyer, June 20, 2013)

Date	Proceedings and Orders (key to color coding)
03/25/2013	Petition for a writ of certiorari filed. (Response due April 25, 2013)
04/24/2013	Order extending time to file response to petition to and including May 24, 2013.
04/24/2013	Brief amici curiae of Richard W. Garnett, et al. filed.
04/24/2013	Brief amici curiae of Life Legal Defense Foundation, and Walter B. Hoye II filed.
04/24/2013	Brief amici curiae of Molly White, et al. filed.
05/24/2013	Brief of respondents Martha Coakley, Attorney General of Massachusetts, et al. in opposition filed.
06/04/2013	Reply of petitioners Eleanor McCullen, et al. filed.
06/04/2013	DISTRIBUTED for Conference of June 20, 2013.
06/24/2013	Petition GRANTED.
07/10/2013	The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 9, 2013.
07/10/2013	The time to file respondents' brief on the merits is extended to and including November 7, 2013.
09/09/2013	Joint appendix filed. (Statement of costs filed.)
09/09/2013	Brief of petitioners Eleanor McCullen, et al. filed.
09/13/2013	Brief amicus curiae of American Center for Law and Justice filed.
09/13/2013	Brief amici curiae of Democrats for Life of America and Clergy for Better Choices filed.
09/13/2013	Brief amicus curiae of Justice and Freedom Fund filed.
09/13/2013	Brief amicus curiae of 12 Women Who Attest to the Importance of Free Speech in Their Abortion Decisions filed.
09/13/2013	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
09/16/2013	Brief amici curiae of Life Legal Defense Foundation and Walter B. Hoye II filed.
09/16/2013	Brief amicus curiae of Liberty Counsel filed.
09/16/2013	Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
09/16/2013	Brief amicus curiae of Cato Institute filed.
09/16/2013	Brief amici curiae of Michigan and 11 Other States filed.
09/16/2013	Brief amicus curiae of Institute for Justice in support of neither party filed.
09/16/2013	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
09/16/2013	Brief amici curiae of Eugene Volokh, et al., filed.
09/16/2013	Brief amici curiae of National Hispanic Christian Leadership Conference, et al. filed.
09/16/2013	Brief amici curiae of Bioethics Defense Fund, et al., filed.
09/16/2013	Brief amici curiae of American Civil Liberties Union, et al. filed.
09/16/2013	Brief amicus curiae of 40 Days for Life filed.
09/16/2013	Brief amicus curiae of The Rutherford Institute filed.
11/04/2013	SET FOR ARGUMENT ON Wednesday, January 15, 2014.
11/05/2013	The time to file respondents' brief on the merits is further extended to and including November 15, 2013.
11/05/2013	CIRCULATED
11/15/2013	Brief of respondents Martha Coakley, Attorney General of Massachusetts, et al. filed. (Distributed)
11/21/2013	Record from the U.S.C.A. 1st Circuit is electronic and located on PACER. Also record received from the U.S.C.A. 1st Circuit. (1 Box)
11/21/2013	Brief amici curiae of Planned Parenthood League of Massachusetts and Planned Parenthood Federation of America filed. (Distributed)
11/21/2013	Brief amici curiae of National Abortion Federation & 31 Other Organizations filed. (Distributed)
11/22/2013	Brief amicus curiae of United States filed. (Distributed)
11/22/2013	Brief amici curiae of City and County of San Francisco, California, and Seventeen Other Municipalities filed. (Distributed)
11/22/2013	Brief amici curiae of Victim Rights Law Center, et al. filed. (Distributed)
11/22/2013	Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. (Distributed)
11/22/2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
11/22/2013	Brief amici curiae of New York, et al. filed.
11/22/2013	Brief amici curiae of Anti-Defamation League, et al. filed. (Distributed)
11/22/2013	Brief amici curiae of Civil Rights Organizations filed. (Distributed)
11/22/2013	Brief amici curiae of National League of Cities, et al. filed.
11/22/2013	Brief amici curiae of Law Professors filed. (Distributed)
11/27/2013	Application (13A543) to extend the time to file a reply brief on the merits from December 16, 2013 to December 20, 2013, submitted to Justice Breyer.
11/27/2013	Application (13A543) granted by Justice Breyer extending the time to file until December 20, 2013.
12/09/2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
12/20/2013	Reply of petitioners Eleanor McCullen, et al. filed. (Distributed)
01/15/2014	Argued. For petitioners: Mark L. Rienzi, Washington, D. C. For respondents: Jennifer Grace Miller, Assistant Attorney General, Boston, Mass.; and Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
01/16/2014	Letter from counsel for the petitioners filed. Distributed
06/26/2014	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Kennedy and Thomas, JJ., joined. Alito, J., filed an opinion concurring in the judgment.
07/28/2014	JUDGMENT ISSUED.
07/28/2014	Record returned for U.S.C.A. for First Circuit.

Issue: (1) Whether the First Circuit erred in upholding Massachusetts”s selective exclusion law ” which makes it a crime for speakers other than clinic “employees or agents . . . acting within the scope of their employment” to “enter or remain on a public way or sidewalk” within thirty-five feet of an entrance, exit, or driveway of “a reproductive health care facility” ” under the First and Fourteenth Amendments, on its face and as applied to petitioners; (2) whether, if”Hill v. Colorado permits enforcement of this law,”Hill“should be limited or overruled.