No. 23-833

Zachary Greenberg v. Jerry Lehocky, in His Official Capacity as Board Chair of the Disciplinary Board of the Supreme Court of Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2024-02-02
Status: Denied
Type: Paid
Amici (7)
Tags: article-iii civil-rights complaint-amendment ethics-rule free-speech jurisdiction legal-jurisdiction mootness standing standing-inquiry time-of-filing-rule
Key Terms:
Environmental FirstAmendment DueProcess Patent JusticiabilityDoctri ClassAction
Latest Conference: 2024-04-19
Question Presented (AI Summary)

Does amending or supplementing a complaint to include new factual developments absolve the government of its burden to prove mootness?

Question Presented (from Petition)

QUESTION PRESENTED For two centuries, this Court has maintained the “timeof-filing” rule: “jurisdiction depending on the condition of the party is governed by that condition, as it was at the commencement of the suit.” E.g., Conolly v. Taylor, 27 U.S. 556, 565 (1829) (Marshall, C.J.); Lujan v. Defenders of Wildlife, 504 U.S. 555, 569 n.4 (1992). In contrast, courts analyze mid-litigation developments as matters of mootness. H.g., Ne. Fla. Chapter of Associated Gen. Contractors v. City of Jacksonville, 508 U.S. 656, 662 (1993). Petitioner Zachary Greenberg, a attorney, sued to enjoin enforcement of a speechregulating ethics rule. After the district court preliminarily enjoined enforcement of the rule, the government revised it and Greenberg supplemented his complaint to recount the new version of the rule. Applying the long-standing “time-of-filing” rule, the district court analyzed the mid-litigation developments— the revision of the rule and a disavowing declaration from one of the twelve defendants—as matters of mootness, finding neither mooted Greenberg’s challenge. App. 47a74a. The Third Circuit reversed, substituting a standing inquiry for a mootness one because Greenberg had amended his complaint to reflect the state’s mid-suit revision of the rule. App. 18a n.4. The question presented is: Does amending or supplementing a complaint to include new factual developments absolve the government of its burden to prove mootness?

Docket Entries

2024-04-22
Petition DENIED.
2024-04-03
DISTRIBUTED for Conference of 4/19/2024.
2024-04-02
2024-03-20
Brief of respondents Jerry Lehocky, in His Official Capacity as Board Chair of the Disciplinary Board of the Supreme Court of Pennsylvania, et al. in opposition filed.
2024-03-04
2024-03-04
Brief amici curiae of First Liberty Institute and Independence Law Center filed.
2024-03-04
2024-03-01
2024-03-01
2024-02-29
2024-02-26
2024-02-06
Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2024.
2024-02-05
Motion to extend the time to file a response from March 4, 2024 to April 3, 2024, submitted to The Clerk.
2024-01-31
2023-12-08
Application (23A513) granted by Justice Alito extending the time to file until January 31, 2024.
2023-12-04
Application (23A513) to extend the time to file a petition for a writ of certiorari from January 1, 2024 to March 1, 2024, submitted to Justice Alito.

Attorneys

First Liberty Institute and Independence Law Center
Kelly J. ShackelfordFirst Liberty Institute, Amicus
Kelly J. ShackelfordFirst Liberty Institute, Amicus
Foundation for Moral Law
John Allen EidsmoeFoundation for Moral Law, Amicus
John Allen EidsmoeFoundation for Moral Law, Amicus
Institute for Faith and Family
Deborah Dewart — Amicus
Deborah Dewart — Amicus
Jerry Lehocky, et al.
Lisa S. BlattWilliams & Connolly LLP, Respondent
Lisa S. BlattWilliams & Connolly LLP, Respondent
Lisa Schiavo BlattWilliams & Connolly LLP, Respondent
Liberty Justice Center
Jacob H. HuebertLiberty Justice Center, Amicus
Jacob H. HuebertLiberty Justice Center, Amicus
Manhattan Institute
Ilya ShapiroManhattan Institute, Amicus
Ilya ShapiroManhattan Institute, Amicus
National Legal Foundation, et al.
Frederick W. Claybrook Jr.Claybrook, LLC, Amicus
Frederick W. Claybrook Jr.Claybrook, LLC, Amicus
New Civil Liberties Alliance
Margaret Ann LittleNew Civil Liberties Alliance, Amicus
Margaret Ann LittleNew Civil Liberties Alliance, Amicus
Zachary Greenberg
Adam Ezra SchulmanHamilton Lincoln Law Institute, Petitioner
Adam Ezra SchulmanHamilton Lincoln Law Institute, Petitioner