No. 18-722

Soundboard Association v. Federal Trade Commission

Lower Court: District of Columbia
Docketed: 2018-12-06
Status: Denied
Type: Paid
Amici (3)Relisted (4) Experienced Counsel
Tags: administrative-procedure administrative-procedure-act agency-rulemaking arbitrary-and-capricious chilled-speech chilling-effect federal-trade-commission judicial-review protected-speech rulemaking staff-advisory-opinion
Key Terms:
AdministrativeLaw Environmental FirstAmendment Securities JusticiabilityDoctri
Latest Conference: 2019-04-12 (distributed 4 times)
Question Presented (AI Summary)

Do Petitioners have a right to judicial review under the Administrative Procedure Act of a Federal Trade Commission staff advisory opinion that effectively creates a new rule, chills protected speech, shutters an industry, and which was issued arbitrarily and without the required administrative procedure?

Question Presented (from Petition)

QUESTION PRESENTED Do Petitioners have a right to judicial review under the Administrative Procedure Act of a Federal Trade Commission staff advisory opinion that effectively creates a new rule, chills protected speech, shutters an industry, and which was issued arbitrarily and without the required administrative procedure?

Docket Entries

2019-04-15
Petition DENIED.
2019-04-08
DISTRIBUTED for Conference of 4/12/2019.
2019-03-27
Rescheduled.
2019-03-25
DISTRIBUTED for Conference of 3/29/2019.
2019-03-20
Rescheduled.
2019-03-18
DISTRIBUTED for Conference of 3/22/2019.
2019-03-13
Rescheduled.
2019-02-21
Reply of petitioner Soundboard Association filed. (Distributed)
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2019-02-06
Brief of respondent Federal Trade Commission in opposition filed.
2019-01-07
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2019-01-07
Brief amicus curiae of Professional Association for Customer Engagement filed.
2019-01-07
Lodging proposal of amicus curiae Professional Association for Customer Engagement (PACE) filed.
2019-01-07
Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2019.
2019-01-03
Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
2019-01-02
Brief amici curiae of Cato Institute, et al. filed.
2018-11-30
Petition for a writ of certiorari filed. (Response due January 7, 2019)
2018-10-12
Application (18A392) granted by The Chief Justice extending the time to file until December 1, 2018.
2018-10-10
Application (18A392) to extend the time to file a petition for a writ of certiorari from November 1, 2018 to December 1, 2018, submitted to The Chief Justice.

Attorneys

Cato Institute and Southeastern Legal Foundation
Ilya ShapiroCato Institute, Amicus
Ilya ShapiroCato Institute, Amicus
Chamber of Commerce of the United States of America and National Federation of Independent Business Small Business Legal Center
Ruthanne Mary DeutschDeutsch Hunt, PLLC, Amicus
Ruthanne Mary DeutschDeutsch Hunt, PLLC, Amicus
Federal Trade Commission
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Professional Association for Customer Engagement
Michele Ann ShusterMac Murray & Shuster, LLP, Amicus
Michele Ann ShusterMac Murray & Shuster, LLP, Amicus
Patrick Wheeler SkilliterMac Murray & Shuster, LLP, Amicus
Patrick Wheeler SkilliterMac Murray & Shuster, LLP, Amicus
Soundboard Association
Karen Michelle DonnellyCopilevitz & Canter, LLC, Petitioner
Karen Michelle DonnellyCopilevitz & Canter, LLC, Petitioner