No. 23-621

Gerald F. Lackey, in His Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles v. Damian Stinnie, et al.

Lower Court: Fourth Circuit
Docketed: 2023-12-08
Status: Judgment Issued
Type: Paid
Amici (19)Response RequestedRelisted (3) Experienced Counsel
Tags: 42-usc-1988 civil-rights injunction-standard judicial-procedure legal-merits merits preliminary-injunction prevailing-party standing statutory-interpretation
Key Terms:
SocialSecurity ERISA DueProcess Privacy
Latest Conference: 2024-04-19 (distributed 3 times)
Question Presented (AI Summary)

Whether a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, to prevail on the merits under 42 U.S.C. § 1988

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, to prevail on the merits under 42 U.S.C. § 1988. 2. Whether a party must obtain an enduring change in the parties’ legal relationship from a judicial act, as opposed to a non-judicial event that moots the case, to prevail under 42 U.S.C. § 1988.

Docket Entries

2025-03-31
Judgment Issued.
2025-02-25
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-621_5ifl.pdf'>opinion</a> of the Court, in which Thomas, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
2024-10-08
Argued. For petitioner: Erika L. Maley, Solicitor General, Richmond, Va.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Brian D. Schmalzbach, Richmond, Va.
2024-09-04
Reply of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed. (Distributed)
2024-09-04
Reply of Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles submitted.
2024-08-19
Amicus brief of CHRISTIAN LEGAL SOCIETY, AGUDATH ISRAEL OF AMERICA, BECKET LAW, CENTER FOR PUBLIC JUSTICE, INSTITUTIONAL RELIGIOUS FREEDOM ALLIANCE, THE ISLAM AND RELIGIOUS FREEDOM ACTION TEAM OF THE RELIGIOUS FREEDOM INSTITUTE, THE JEWISH COALITION FOR RELIGIOUS LIBERTY, AND THE NATIONAL ASSOCIATION OF EVANGELICALS submitted.
2024-08-19
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2024-08-12
Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law, et al. filed. (Distributed)
2024-08-12
2024-08-12
Brief amici curiae of American Civil Liberties Union,et al. filed. (Distributed)
2024-08-12
Amicus brief of First Liberty Institute submitted.
2024-08-12
Amicus brief of Lawyers’ Committee For Civil Rights Under Law, Campaign Legal Center, NAACP Legal Defense And Educational Fund, Inc., Southern Poverty Law Center, National Women’s Law Center, and Southern Coalition for Social Justice submitted.
2024-08-12
Amicus brief of American Civil Liberties Union, American Civil Liberties Union of Virginia, Americans United for the Separation of Church and State, The Buckeye Institute, The Goldwater Institute, Institute for Justice, Public Citizen, The Roderick & Solange MacArthur Justice Center, and The Rutherford Institute submitted.
2024-08-12
Amicus brief of Institute for Free Speech, Southeastern Legal Foundation, Cato Institute, New Civil Liberties Alliance, Liberty Justice Center, Second Amendment Foundation, and National Rifle Association of America submitted.
2024-08-12
Amicus brief of Constitutional Accountability Center submitted.
2024-08-12
Amicus brief of New Jersey State Bar Association submitted.
2024-08-12
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
2024-08-12
Brief amici curiae of Firearms Policy Coalition, Inc. and FPC Action Foundation filed. (Distributed)
2024-08-12
Brief amici curiae of Alliance Defending Freedom and Americans for Prosperity Foundation filed. (Distributed)
2024-08-12
Brief amici curiae of Foundation for Individual Rights and Expression and First Amendment Lawyers Association filed. (Distributed)
2024-08-12
Brief amicus curiae of New Jersey State Bar Association filed. (Distributed)
2024-08-12
Brief amici curiae of Christian Legal Society, et al. filed. (Distributed)
2024-08-12
Brief amici curiae of Christian Legal Society, et al. filed. (Distributed). Corrected brief and PDF to be filed--August 15, 2024.
2024-08-12
2024-08-12
Brief amici curiae of Christian Legal Society, et al. filed. (Distributed). (Corrected brief and PDF to be filed--August 15, 2024.)
2024-08-12
Brief amici curiae of Christian Legal Society, et al. filed.(Corrected & reprinted) (Distributed)
2024-08-12
Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
2024-08-08
CIRCULATED
2024-08-05
2024-08-05
Brief of Damian Stinnie, et al. submitted.
2024-08-01
Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
2024-08-01
Sealed material from the United States District Court for the Western District of Virginia electronically available with the Clerk. The remainder of the record is available on PACER.
2024-07-26
Record requested from the United States Court of Appeals for the Fourth Circuit.
2024-07-26
SET FOR ARGUMENT on Tuesday, October 8, 2024.
2024-07-08
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2024-07-08
Motion of United States for leave to participate in oral argument and for divided argument submitted.
2024-06-27
2024-06-27
Amicus brief of LOCAL GOVERNMENT LEGAL CENTER, NATIONAL ASSOCIATION OF COUNTIES, NATIONAL LEAGUE OF CITIES, INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, GOVERNMENT FINANCE OFFICERS ASSOCIATION, AND THE CITY OF ARLINGTON submitted.
2024-06-27
Amicus brief of United States submitted.
2024-06-27
Amicus brief of University of Florida Board of Trustees submitted.
2024-06-27
Brief amicus curiae of United States filed.
2024-06-27
2024-06-27
Brief amicus curiae of University of Florida Board of Trustees filed.
2024-06-20
Joint appendix filed. (Statement of costs filed)
2024-06-20
Brief of Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles submitted.
2024-06-20
Joint Appendix submitted.
2024-06-20
Brief of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed.
2024-04-29
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 20, 2024. The time to file respondents' brief on the merits is extended to and including August 5, 2024.
2024-04-24
Motion for an extension of time to file the briefs on the merits filed.
2024-04-22
Petition GRANTED.
2024-04-15
DISTRIBUTED for Conference of 4/19/2024.
2024-03-20
DISTRIBUTED for Conference of 4/12/2024.
2024-03-19
Reply of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed. (Distributed)
2024-02-28
2024-01-29
Response Requested. (Due February 28, 2024)
2024-01-24
DISTRIBUTED for Conference of 2/16/2024.
2024-01-05
2023-11-20
2023-11-01
Application (23A390) granted by The Chief Justice extending the time to file until November 20, 2023.
2023-10-27
Application (23A390) to extend the time to file a petition for a writ of certiorari from November 5, 2023 to November 20, 2023, submitted to The Chief Justice.

Attorneys

Alliance Defending Freedom and Americans for Prosperity Foundation
Elizabeth Ashley KiernanGibson, Dunn & Crutcher LLP, Amicus
Elizabeth Ashley KiernanGibson, Dunn & Crutcher LLP, Amicus
American Civil Liberties Union, American Civil Liberties Union of Virginia, Americans United for the Separation of Church and State, The Buckeye Institute, The Goldwater Institute, Institute for Justice, Public Citizen, The Roderick & Solange MacArthur Ju
Andrew John PincusMayer Brown LLP, Amicus
Andrew John PincusMayer Brown LLP, Amicus
CHRISTIAN LEGAL SOCIETY, AGUDATH ISRAEL OF AMERICA, BECKET LAW, CENTER FOR PUBLIC JUSTICE, INSTITUTIONAL RELIGIOUS FREEDOM ALLIANCE, THE ISLAM AND RELIGIOUS FREEDOM ACTION TEAM OF THE RELIGIOUS FREEDOM INSTITUTE, THE JEWISH COALITION FOR RELIGIOUS LIBERTY
Harold Douglas LaycockUniversity of Texas Law School, Amicus
Christian Legal Society, et al.
Harold Douglas LaycockUniversity of Texas Law School, Amicus
Constitutional Accountability Center
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Damian Stinnie, et al.
Brian David SchmalzbachMcGuireWoods LLP, Respondent
Brian David SchmalzbachMcGuireWoods LLP, Respondent
Matthew Allen FitzgeraldMcGuireWoods LLP, Respondent
Jonathan T. BlankMcGuireWoods LLP, Respondent
Jonathan T. BlankMcGuireWoods LLP, Respondent
Matthew Allen FitzgeraldMcGuireWoods LLP, Respondent
Firearms Policy Coalition, Inc. and FPC Action Foundation
Cody James WisniewskiFPC Action Foundation, Amicus
Cody James WisniewskiFPC Action Foundation, Amicus
First Liberty Institute
Kelly J. ShackelfordFirst Liberty Institute, Amicus
Kelly J. ShackelfordFirst Liberty Institute, Amicus
Foundation for Individual Rights and Expression and First Amendment Lawyers Association
Joshua Aaron HouseFoundation for Individual Rights and Expression, Amicus
Joshua Aaron HouseFoundation for Individual Rights and Expression, Amicus
Georgia, et al.
Stephen John PetranyGeorgia Department of Law, Solicitor General, Amicus
Stephen John PetranyGeorgia Department of Law, Solicitor General, Amicus
Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles
Erika Lauren MaleyVirginia Office of the Attorney General, Petitioner
Erika Lauren MaleyVirginia Office of the Attorney General, Petitioner
Institute for Free Speech, Southeastern Legal Foundation, Cato Institute, New Civil Liberties Alliance, Liberty Justice Center, Second Amendment Foundation, and National Rifle Association of America
Alan GuraInstitute for Free Speech, Amicus
Alan GuraInstitute for Free Speech, Amicus
Lawyers’ Committee For Civil Rights Under Law, Campaign Legal Center, NAACP Legal Defense And Educational Fund, Inc., Southern Poverty Law Center, National Women’s Law Center, and Southern Coalition for Social Justice
Pooja ChaudhuriLawyer's Committee for Civil Rights Under Law, Amicus
Pooja ChaudhuriLawyer's Committee for Civil Rights Under Law, Amicus
LOCAL GOVERNMENT LEGAL CENTER, NATIONAL ASSOCIATION OF COUNTIES, NATIONAL LEAGUE OF CITIES, INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, GOVERNMENT FINANCE OFFICERS ASSOCIATION, AND THE CITY OF ARLINGTON
Joshua Alan SkinnerFanning Harper and Martinson, P.C., Amicus
Joshua Alan SkinnerCity of Arlington City Attorney's Office, Amicus
New Jersey State Bar Association
Gary S. SteinPashman Stein Walder Hayden PC, Amicus
Gary S. SteinPashman Stein Walder Hayden PC, Amicus
United States
Elizabeth B. Prelogar — Amicus
Sarah M. HarrisActing Solicitor General, Amicus
Sarah M. HarrisActing Solicitor General, Amicus
University of Florida Board of Trustees
H. Christopher BartolomucciSchaerr | Jaffe LLP, Amicus
H. Christopher BartolomucciSchaerr | Jaffe LLP, Amicus