No. 21-1304

Dennis Hollingsworth, et al. v. Kristin M. Perry, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-30
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: article-iii-standing civil-rights due-process emergency-stay federal-judiciary judicial-integrity promise-doctrine standing trial-recordings
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2022-10-07 (distributed 3 times)
Question Presented (AI Summary)

Whether the breach of Judge Walker's binding promise to Petitioners, upon which they reasonably and detrimentally relied, cognizably injures them

Question Presented (OCR Extract)

QUESTIONS PRESENTED During the trial over the constitutionality of California’s Proposition 8, the presiding judge, the Hon. Vaughn Walker, looked Petitioners’ counsel straight in the eye and promised in open court that the video recording he was making of the trial proceedings over Petitioners’ objections would be used only in chambers and never be made public. Judge Walker made this promise because this Court’s emergency order halting his plan to unlawfully videotape and broadcast the trial compelled him to do so, and Petitioners reasonably and detrimentally relied upon the promise by not seeking, once again, this Court’s intervention to halt the video recording. Following the trial, a Ninth Circuit panel unanimously held that Judge Walker’s promise was legally binding and could not be nullified without grave damage to the basic integrity of the federal judiciary. But in the decisions below, the district court ordered the public release of the trial recordings, and a divided panel of the Ninth Circuit dismissed Petitioners’ appeal of that order for lack of Article III standing. The questions presented are: 1. Whether the breach of Judge Walker’s binding promise to Petitioners, upon which they reasonably and detrimentally relied, cognizably injures them. 2. Whether the video recordings that Judge Walker solemnly promised Petitioners would not be made public may now be ordered publicly released over their objection.

Docket Entries

2022-10-11
Petition DENIED.
2022-10-03
DISTRIBUTED for Conference of 10/7/2022.
2022-09-22
Rescheduled.
2022-09-07
DISTRIBUTED for Conference of 9/28/2022.
2022-09-06
Supplemental brief of petitioners Dennis Hollingsworth, et al. filed. (Distributed)
2022-08-23
Brief of respondents California Governor Gavin Newsom, et al. in opposition filed.
2022-07-14
Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2022.
2022-07-13
Motion to extend the time to file a response from August 1, 2022 to August 23, 2022, submitted to The Clerk.
2022-07-01
Response Requested. (Due August 1, 2022)
2022-06-15
DISTRIBUTED for Conference of 9/28/2022.
2022-06-14
Reply of petitioners Dennis Hollingsworth, et al. filed. (Distributed)
2022-05-31
Brief of respondents Kristin M. Perry, et al. in opposition filed.
2022-04-18
Waiver of right of respondents California Governor Gavin Newsom, et al. to respond filed.
2022-04-05
Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2022.
2022-04-04
Motion to extend the time to file a response from April 29, 2022 to May 31, 2022, submitted to The Clerk.
2022-03-28
Petition for a writ of certiorari filed. (Response due April 29, 2022)

Attorneys

California Governor Gavin Newsom, et al.
Helen H. HongCal. Dept of Justice, Office of Solicitor General, Respondent
Helen H. HongCal. Dept of Justice, Office of Solicitor General, Respondent
Seth Eden GoldsteinCalifornia Attorney General's Office, Respondent
Seth Eden GoldsteinCalifornia Attorney General's Office, Respondent
Dennis Hollingsworth, et al.
Charles Justin CooperCooper & Kirk, PLLC, Petitioner
Charles Justin CooperCooper & Kirk, PLLC, Petitioner
KQED, Inc.
Thomas R. BurkeDavis Wright Tremaine LLP, Respondent
Thomas R. BurkeDavis Wright Tremaine LLP, Respondent
Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo
Christopher Dean DusseaultGibson, Dunn & Crutcher LLP, Respondent
Christopher Dean DusseaultGibson, Dunn & Crutcher LLP, Respondent