Murthy v. Missouri
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-411 | 5th Cir. | Mar 18, 2024 | Jun 26, 2024 | 6-3 | Barrett | OT 2023 |
Holding: Respondents " two states and five individual social media users who sued executive branch officials and agencies, alleging that the government pressured the platforms to censor their speech in violation of the First Amendment " lack Article III standing to seek an injunction.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Barrett on June 26, 2024. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined.
SCOTUSblog Coverage
- Justices side with Biden over governments influence on social media content moderation (Amy Howe, June 26, 2024)
- Supreme Court skeptical of restricting government communications with social media companies (Amy Howe, March 18, 2024)
- Missouri Solicitor General Josh Divine on government influence on social media (Nate Mowry, March 18, 2024)
- Efforts to quell online disinformation face free speech challenge at Supreme Court (Amy Howe, March 15, 2024)
- Court schedules abortion pill case for March argument session (Amy Howe, January 29, 2024)
- Justices won't hear "conversion therapy" case (Amy Howe, December 11, 2023)
- Justices allow federal government continued communication over social media content moderation (Amy Howe, October 20, 2023)
| Date | Proceedings and Orders |
|---|---|
| 09/14/2023 | Application (23A243) for a stay, submitted to Justice Alito. |
| 09/14/2023 | Petition for a writ of certiorari filed. |
| 09/14/2023 | Order issued by Justice Alito: UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22-cv-01213, is hereby administratively stayed until 11:59 p.m. (EDT) on Friday, September 22, 2023. It is further ordered that any response to the application be filed on or before Wednesday, September 20, 2023, by 4 p.m. (EDT). |
| 09/19/2023 | Brief amicus curiae of Ohio filed. |
| 09/20/2023 | Response to application from respondent Missouri, et al. filed. |
| 09/20/2023 | Brief amicus curiae of Michael Benz filed. |
| 09/20/2023 | Brief amicus curiae of Kennedy Plaintiffs filed. |
| 09/20/2023 | Brief amicus curiae of Angela Reading filed. |
| 09/20/2023 | Notice of Appearance by Interested Party and Notice of Related Case Captioned Richard Jackson v. Twitter, Inc.; Notice of Intent to File Amicus Brief of Michael Eugene Reznick not accepted for filing. (October 13, 2023) |
| 09/21/2023 | Reply of applicant Vivek H. Murthy, et al. filed. |
| 09/22/2023 | Order issued by Justice Alito: Upon further consideration of the application of counsel for the applicants, the response, and the reply filed thereto, it is ordered that the stay issued on September 14, 2023, is hereby extended until 11:59 p.m. (EDT) on Wednesday, September 27, 2023. |
| 09/25/2023 | Supplemental Letter from Missouri, et al. filed. |
| 09/26/2023 | Second Supplemental Memorandum Regarding Emergency Application For A Stay filed. |
| 09/26/2023 | Supplemental Memorandum Regarding Emergency Application For A Stay filed. |
| 09/26/2023 | Letter to the Clerk filed by Missouri, et al. |
| 10/03/2023 | Supplemental Letter from Missouri, et al. filed. |
| 10/05/2023 | Third Supplemental Memorandum Regarding Emergency Application for a Stay filed. |
| 10/06/2023 | Amicus brief of Michael Eugene Reznick not accepted for filing. (corrected copy to be submitted by counsel)(October 13, 2023) |
| 10/06/2023 | Notice and Opposition to Stay Request of Michael Eugene Reznick not accepted for filing. (October 13, 2023) |
| 10/10/2023 | Response to Applicants' Third Supplemental Memorandum Regarding Application for a Stay of Injunction filed. |
| 10/13/2023 | Order issued by Justice Alito: Upon consideration of the application of counsel for the applicant, the response, and the reply filed thereto, it is ordered that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22-cv-01213, is hereby administratively stayed until 5 p.m. (EDT) on Friday, October 20, 2023. |
| 10/17/2023 | Brief amicus curiae of Michael Eugene Reznick filed. |
| 10/20/2023 | Application (23A243) referred to the Court. |
| 10/20/2023 | Application (23A243) for stay presented to Justice Alito and by him referred to the Court is granted. The preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22"cv"01213, as modified by the United States Court of Appeals for the Fifth Circuit on October 3, 2023, case No. 23"30445, is stayed. The application for stay is also treated as a petition for a writ of certiorari, and the petition is granted on the questions presented in the application (case No. 23-411). The stay shall terminate upon the sending down of the judgment of this Court. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting from grant of application for stay. (Detached <a href = 'https://www.supremecourt.gov/opinions/23pdf/23a243_7l48.pdf'>Opinion</a>) |
| 10/20/2023 | Petition GRANTED. |
| 10/26/2023 | Motion for leave to intervene filed by Kennedy Plaintiffs. |
| 11/01/2023 | Motion DISTRIBUTED for Conference of 11/17/2023. |
| 11/02/2023 | Response in opposition to motion to intervene from petitioners Vivek H. Murthy, et al. filed. (Distributed) |
| 11/06/2023 | Response in opposition to motion to intervene from respondents Missouri, et al. filed. (Distributed) |
| 11/13/2023 | Reply on motion to intervene filed. (Distributed) |
| 11/27/2023 | Motion DISTRIBUTED for Conference of 12/1/2023. |
| 12/01/2023 | Rescheduled. |
| 12/01/2023 | Motion DISTRIBUTED for Conference of 12/8/2023. |
| 12/01/2023 | Motion for an extension of time to file the briefs on the merits filed. |
| 12/01/2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 19, 2023. The time to file respondent's briefs on the merits is extended to and including February 2, 2024. |
| 12/11/2023 | Motion of Kennedy Plaintiffs for leave to intervene DENIED. Justice Alito, dissenting from the denial of the motion to intervene. (Detached <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-411_d1oe.pdf'>Opinion</a>) |
| 12/19/2023 | Brief of petitioners Vivek H. Murthy, et al. filed. |
| 12/19/2023 | Joint appendix filed. (Statement of cost filed.) |
| 12/21/2023 | Brief amici curiae of NetChoice, et al. in support of neither party filed. |
| 12/21/2023 | Brief amici curiae of Electronic Frontier Foundation, et al. in support of neither party filed. |
| 12/21/2023 | Brief amicus curiae of Floor64, Inc. d/b/a the Copia Institute, in support of neither party filed. |
| 12/22/2023 | Brief amicus curiae of Knight First Amendment Institute at Columbia University in support of neither party filed. |
| 12/22/2023 | Brief amici curiae of American Academy of Pediatrics, et al. filed. |
| 12/22/2023 | Brief amici curiae of The International Municipal Lawyers Association in support of neither party (also as to 22-842) filed. VIDED. |
| 12/22/2023 | Brief amici curiae of The Lawyer's Committee For Civil Rights Under Law, et al. filed. |
| 12/22/2023 | Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed. |
| 12/22/2023 | Brief amicus curiae of Reporters Committee for Freedom of the Press in support of neither party filed. |
| 12/26/2023 | Brief amici curiae of Secretaries of State of Arizona, et al. filed. |
| 12/26/2023 | Brief amici curiae of New York, et al. filed. |
| 12/26/2023 | Brief amicus curiae of The Coalition for Independent Technology Research filed. |
| 12/26/2023 | Brief amicus curiae of Stanford University filed. |
| 12/26/2023 | Brief amicus curiae of United States Senator Mark Warner filed. |
| 12/26/2023 | Brief amicus curiae of Election Officials in support of neither party filed. |
| 01/29/2024 | SET FOR ARGUMENT on Monday, March 18, 2024. |
| 01/29/2024 | Record requested from the United States Court of Appeals for the Fifth Circuit. |
| 02/02/2024 | Brief of respondents Missouri, et al. filed. |
| 02/05/2024 | Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER. |
| 02/07/2024 | Brief amicus curiae of Association of American Physicians and Surgeons filed. |
| 02/07/2024 | Brief amicus curiae of Louder with Crowder, LLC filed. |
| 02/07/2024 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| 02/07/2024 | Brief amicus curiae of Institute for Free Speech filed. |
| 02/08/2024 | Brief amici curiae of Manhattan Institute, et al. filed. |
| 02/08/2024 | Brief amicus curiae of Center for American Liberty filed. |
| 02/08/2024 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| 02/08/2024 | Brief amici curiae of Justin Hart and the Liberty Justice Center filed. |
| 02/08/2024 | Brief amicus curiae of The "Twitter Files" Journalists: Matt Taibbi, et al. filed. |
| 02/08/2024 | Brief amici curiae of Advancing American Freedom, Inc, et al. filed. |
| 02/09/2024 | Brief amicus curiae of National Institute of Family and Life Advocates filed. |
| 02/09/2024 | Brief amici curiae of Kennedy Plaintiffs filed. |
| 02/09/2024 | Brief amicus curiae of Informed Consent Action Network filed. (Feb. 13, 2024) (Distributed) |
| 02/09/2024 | Brief amici curiae of America's Future, et al. filed. |
| 02/09/2024 | Brief amicus curiae of American Free Enterprise Chamber of Commerce filed. |
| 02/09/2024 | Brief amicus curiae of National Religious Broadcasters filed. |
| 02/09/2024 | Brief amici curiae of Charlie Kirk, et al. filed. |
| 02/09/2024 | Brief amicus curiae of International Center For Law & Economics filed. |
| 02/09/2024 | Brief amici curiae of America"s Frontline Doctors and Dr. Simone Gold, M.D., J.D. filed. |
| 02/09/2024 | Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. |
| 02/09/2024 | Brief amicus curiae of Angela Reading filed. |
| 02/09/2024 | Brief amici curiae of Montana, et al. filed. |
| 02/09/2024 | Brief amicus curiae of Buckeye Institute filed. |
| 02/09/2024 | Brief amicus curiae of Liberty Counsel filed. |
| 02/09/2024 | Brief amici curiae of Amicus Populi and Freedom X filed. |
| 02/09/2024 | Brief amicus curiae of The Rutherford Institute filed. |
| 02/09/2024 | Brief amici curiae of Foundation for Individual Rights and Expression, et al. filed. |
| 02/09/2024 | Brief amici curiae of Jim Jordan, et al. filed.(Feb. 15, 2024) (Distributed) |
| 02/14/2024 | CIRCULATED |
| 02/15/2024 | Motion for divided argument and for enlargement of time for oral argument out of time filed by respondents Jayanta Bhattacharya, et al. |
| 02/29/2024 | Record received electronically from the United States District Court for the Western District of Louisiana and available with the Clerk. |
| 03/04/2024 | Reply of petitioners Vivek H. Murthy, et al. filed. (Distributed) |
| 03/06/2024 | Motion for leave to file out of time, for divided argument, and for enlargement of time for oral argument DENIED. |
| 03/18/2024 | Argued. For petitioners: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: J. Benjamin Agui"aga, Solicitor General, Baton Rouge, La. |
| 06/26/2024 | Judgment REVERSED and case REMANDED. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-411new_197d.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Jackson, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined. |
| 07/29/2024 | Judgment Issued. |