No. 25-337

City of Huntington Beach, California, et al. v. Gavin Newsom, Governor of California, et al.

Lower Court: Ninth Circuit
Docketed: 2025-09-23
Status: Pending
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2)
Tags: constitutional-structure first-amendment government-powers local-government official-capacity state-law
Key Terms:
DueProcess FirstAmendment Immigration JusticiabilityDoctri Jurisdiction
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (AI Summary)

Whether the Constitution categorically denies a local government any capacity to invoke it against its State, without first determining its status within the State's constitutional structure

Question Presented (from Petition)

1. Whether the Constitution categorically denies a local government any capacity to invoke it against its State, without first determining—by reference to state law and the nature of the claim—the entity’s status within the State’s constitutional structure. 2. Whether elected local officials may invoke the First Amendment against the State when state law compels them, in their official roles, to make a public statement they do not believe.

Docket Entries

2026-01-14
DISTRIBUTED for Conference of 2/20/2026.
2026-01-13
Reply of petitioners City of Huntington Beach, California, et al. filed. (Distributed)
2026-01-13
Reply of City of Huntington Beach, et al. submitted.
2025-12-31
Brief of respondent Southern California Association of Governments in opposition filed.
2025-12-31
Brief of State Respondents in opposition filed.
2025-12-31
Brief of respondents Gavin Newsom, in his official capacity as Governor of the State of California, et al. in opposition filed.
2025-12-31
Brief of Southern California Association of Governments (SCAG) in opposition submitted.
2025-12-31
Brief of Gavin Newsom, in his official capacity as Governor of the State of California, et al. in opposition submitted.
2025-11-04
The motions to extend the time to file responses are granted and the time is extended to and including December 31, 2025, for all respondents.
2025-11-03
Motion of Southern California Association of Governments to extend the time to file a response from December 1, 2025 to December 31, 2025, submitted to The Clerk.
2025-11-03
Motion of Gavin Newsom, et al. to extend the time to file a response from December 1, 2025 to December 31, 2025, submitted to The Clerk.
2025-11-03
Motion of Southern California Association of Governments (SCAG) for an extension of time submitted.
2025-11-03
Motion of Gavin Newsom, in his official capacity as Governor of the State of California, et al. for an extension of time submitted.
2025-10-30
Response Requested. (Due December 1, 2025)
2025-10-24
Amicus brief of The Independent Cities Association, Freedom Foundation, and the Cities of Carson, Downey, Irwindale, Lawndale, Norco, Palos Verdes Estates, Placentia, Seal Beach, Torrance and Whittier submitted.
2025-10-23
Brief amici curiae of Independent Cities Association, et al. filed. (Distributed)
2025-10-23
Brief amici curiae of The Independent Cities Association, et al. filed.(Distributed)
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-10-21
Amicus brief of City of Riverside and City of Porterville submitted.
2025-10-20
Brief amici curiae of City of Riverside, California, et al. filed. (Distributed)
2025-10-16
Waiver of right of respondents Southern California Association of Governments (SCAG) to respond filed.
2025-10-01
Waiver of right of respondents Gavin Newsom, in his official capacity as Governor of the State of California, et al. to respond filed.
2025-10-01
Waiver of Gavin Newsom, in his official capacity as Governor of the State of California; Gustavo Velasquez, in his official capacity as Director of the California Department of Housing and Community Development; California Department of Housing and Community Development of right to respond submitted.
2025-09-18
Petition for a writ of certiorari filed. (Response due October 23, 2025)
2025-08-13
Application (25A12) granted by Justice Kagan extending the time to file until September 18, 2025.
2025-08-07
Application (25A12) to extend further the time from August 20, 2025 to September 18, 2025, submitted to Justice Kagan.
2025-07-07
Application (25A12) granted by Justice Kagan extending the time to file until August 20, 2025.
2025-06-30
Application (25A12) to extend the time to file a petition for a writ of certiorari from July 20, 2025 to August 20, 2025, submitted to Justice Kagan.

Attorneys

City of Huntington Beach, et al.
Michael Joseph VigliottaCity Attorney's Office City of Huntington Beach, Petitioner
Michael Joseph VigliottaCity Attorney's Office City of Huntington Beach, Petitioner
City of Riverside and City of Porterville
Debra Kay CookOffice of the City Attorney, Amicus
Debra Kay CookOffice of the City Attorney, Amicus
Gavin Newsom, in his official capacity as Governor of the State of California, et al.
Aaron Daniel PennekampState of California Department of Justice, Respondent
Gavin Newsom, in his official capacity as Governor of the State of California; Gustavo Velasquez, in his official capacity as Director of the California Department of Housing and Community Development; California Department of Housing and Community Develo
Aaron Daniel PennekampState of California Department of Justice, Respondent
Southern California Association of Governments (SCAG)
David MehretuMeyers Nave, Respondent
David MehretuMeyers Nave, Respondent
The Independent Cities Association, Freedom Foundation, and the Cities of Carson, Downey, Irwindale, Lawndale, Norco, Palos Verdes Estates, Placentia, Seal Beach, Torrance and Whittier
Norman Arthur DupontAleshire & Wynder LLP, Amicus
Norman Arthur DupontAleshire & Wynder LLP, Amicus