No. 22-699

Council for Education and Research on Toxics v. California Chamber of Commerce

Lower Court: Ninth Circuit
Docketed: 2023-01-27
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: federal-preemption first-amendment petition-rights preliminary-injunction prior-restraint public-interest-lawsuit public-interest-lawsuits state-court
Key Terms:
FirstAmendment
Latest Conference: 2023-04-14 (distributed 2 times)
Question Presented (AI Summary)

Does a preliminary injunction enjoining public interest lawsuits constitute an unlawful prior restraint on First Amendment petition rights?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does a preliminary injunction issued by a district judge enjoining a state attorney general and nongovernmental organizations from filing public interest lawsuits in state court—prior to any determination of their merits—constitute an unlawful prior restraint on the exercise of the organizations’ First Amendment petition rights? 2. Does the “illegal objective” exception to the prior restraint doctrine apply outside the context of the National Labor Relations Board’s authority to block retaliatory employer lawsuits to allow a district judge to enjoin the filing of public health lawsuits in state court, because the judge predicts such lawsuits may violate federal law? 3. Can a district judge issue a preliminary injunction enjoining a public benefit organization from filing public interest lawsuits in state court because such lawsuits may violate defendants’ First Amendment right against false compelled speech where the public benefit organization has already prevailed on such First Amendment defense after a trial on the merits in state court?

Docket Entries

2023-04-17
Petition DENIED.
2023-03-29
DISTRIBUTED for Conference of 4/14/2023.
2023-03-29
Reply of petitioner Council for Education and Research on Toxics filed. (Distributed)
2023-03-15
Brief of respondent California Chamber of Commerce in opposition filed.
2023-03-06
Motion to extend the time to file a response is granted and the time is extended to and including March 15, 2023.
2023-03-03
Motion to extend the time to file a response from March 8, 2023 to March 15, 2023, submitted to The Clerk.
2023-02-06
Response Requested. (Due March 8, 2023)
2023-02-01
DISTRIBUTED for Conference of 2/17/2023.
2023-01-31
Waiver of right of respondent California Chamber of Commerce to respond filed.
2023-01-24
Petition for a writ of certiorari filed. (Response due February 27, 2023)

Attorneys

California Chamber of Commerce
Trenton H. NorrisArnold & Porter Kaye Scholer LLP, Respondent
Council for Education and Research on Toxics
Raphael MetzgerMetzger Law Group, Petitioner
Xiao WangNorthwestern University Pritzker School of Law, Petitioner