No. 25-19

Laura Loomer, Individually and as a Candidate for United States Congress, et al. v. Mark Zuckerberg, Individually and as CEO of Meta Platforms, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2025-07-07
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split ninth-circuit post-judgment-facts res-judicata rico-claims social-media-censorship
Key Terms:
ERISA
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Does the Ninth Circuit's application of res judicata conflict with Supreme Court precedent and create a circuit split regarding post-judgment facts in RICO claims?

Question Presented (OCR Extract)

1. Does the Ninth Circuit’s application of res judicata, barring claims based on new material facts arising after prior judgments, conflict with this Court’s precedent in Whole Woman’s Health v. Hellerstedt , 579 U.S. 582 (2016) , and create a circuit split with the Fifth and Seventh Circuits on whether post -judgment facts permit new RICO claims, particularly in the context of ongoing social media censorship affecting electoral fairness? 2. Does the Ninth Circuit’s broad application of Section 230 immunity under 47 U.S.C. § 230 to alleged coordinated censorship by social media platforms conflict with district court precedent in Dangaard v. Instagram, LLC , 2022 WL 17342198 (N.D. Cal. Nov. 30, 2022) , and raise significant public policy concerns about immunizing platforms engaged in unlawful conspiracies influenced by government and corporate actors? 3. Did the Ninth Circuit misapply this Court’s precedent in Boyle v. United States , 556 U.S. 938 (2009) , by imposing an overly restrictive standard for pleading a RICO enterprise and disregarding new evidence of coordinated censorship, undermining RICO’s role in addressing conspiracies that threaten democratic pro cesses?

Docket Entries

2025-10-06
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2025-08-20
DISTRIBUTED for Conference of 9/29/2025.
2025-08-06
Waiver of right of respondents X Corp. and Jack Dorsey to respond filed.
2025-08-05
Waiver of right of respondent The Proctor & Gamble Company to respond filed.
2025-08-04
Waiver of Mark Zuckerberg and Meta Platforms, Inc., et al. of right to respond submitted.
2025-08-04
Waiver of right of respondents Mark Zuckerberg and Meta Platforms, Inc., et al. to respond filed.
2025-06-25
Petition for a writ of certiorari filed. (Response due August 6, 2025)

Attorneys

Laura Loomer, individually and as a candidate for United States Congress, et al.
John Mark PierceJohn Pierce Law, Petitioner
John Mark PierceJohn Pierce Law, Petitioner
Mark Zuckerberg and Meta Platforms, Inc., et al.
Ari Benjamin Asher HoltzblattWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Ari Benjamin Asher HoltzblattWilmer Cutler Pickering Hale and Dorr LLP, Respondent
The Proctor & Gamble Company
Craig E. StewartJones Day, Respondent
Craig E. StewartJones Day, Respondent
X Corp. and Jack Dorsey
Michael Julian GottliebWILLKIE FARR & GALLAGHER LLP, Respondent
Michael Julian GottliebWILLKIE FARR & GALLAGHER LLP, Respondent