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Decided

Expressions Hair Design v. Schneiderman

Docket No.15-1391
Op. Below2d Cir.
ArgumentJan 10, 2017

Holding

The New York General Business Law Section 518 regulates speech and is subject to the First Amendment but is not unconstitutionally vague under the due process clause of the 14th Amendment.

Judgment

Vacated and remanded, 8-0, in an opinion by John Roberts on Mar 29, 2017. Justice Breyer filed an opinion concurring in the judgment. Justice Sotomayor filed an opinion concurring in the judgment, in which Justice Alito joined.

Proceedings & orders timeline

Apr 1, 2016
Application (15A1020) to extend the time to file a petition for a writ of certiorari from April 12, 2016 to May 12, 2016, submitted to Justice Ginsburg.
Apr 5, 2016
Application (15A1020) granted by Justice Ginsburg extending the time to file until May 12, 2016.
May 12, 2016
Petition for a writ of certiorari filed. (Response due June 15, 2016)
May 24, 2016
Order extending time to file response to petition to and including August 1, 2016, for all respondents.
Jun 7, 2016
Brief amicus curiae of Marion B. Brechner First Amendment Project filed.
Jun 15, 2016
Brief amici curiae of Albertsons LLC, et al. filed.
Jun 15, 2016
Brief amici curiae of Consumer Action, et al. filed.
Jun 15, 2016
Brief amicus curiae of Cato Institute filed.
Jun 15, 2016
Brief amici curiae of First Amendment Scholars filed.
Jun 15, 2016
Brief amici curiae of Scholars of Behavioral Economics filed.
Aug 1, 2016
Brief of respondent Eric T. Schneiderman, Attorney General of New York in opposition filed.
Aug 1, 2016
Letter from counsel for respondents Cyrus Vance, District Attorney of New York County, and Ken P. Thompson, District Attorney of Kings County filed.
Aug 17, 2016
DISTRIBUTED for Conference of September 26, 2016.
Aug 17, 2016
Reply of petitioners Expressions Hair Design, et al. filed. (Distributed)
Sep 29, 2016
Petition GRANTED.
Nov 14, 2016
Joint appendix filed. (Statement of costs filed.)
Nov 14, 2016
Brief of petitioners Expressions Hair Design, et al. filed.
Nov 17, 2016
Brief amicus curiae of Institute for Justice filed.
Nov 21, 2016
Brief amicus curiae of United States, in support of neither party filed.
Nov 21, 2016
Brief amici curiae of The James Madison Institute, et al. filed.
Nov 21, 2016
Brief amici curiae of Retail Litigation Center, et al. filed.
Nov 21, 2016
Brief amici curiae of Cato Institute and Pacific Legal Foundation filed.
Nov 21, 2016
Brief amici curiae of Consumer Action, et al. filed.
Nov 21, 2016
Brief amici curiae of First Amendment Scholars and the First Amendment Lawyers Association filed.
Nov 21, 2016
Brief amici curiae of Ahold U.S.A., Inc., et al. filed.
Nov 21, 2016
Brief amicus curiae of CardX, LLC filed.
Nov 21, 2016
Brief amicus curiae of United States Public Interest Research Group Education Fund, Inc. filed.
Nov 21, 2016
Brief amici curiae of Scholars of Behavioral Economics filed.
Nov 21, 2016
Brief amicus curiae of Alan S. Frankel filed.
Nov 21, 2016
Brief amicus curiae of Professor Adam J. Levitin filed.
Dec 5, 2016
SET FOR ARGUMENT on Tuesday, January 10, 2017.
Dec 7, 2016
Record requested from the U.S.C.A. 2nd Circuit.
Dec 7, 2016
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 9, 2016
Record received from U.S.C.A. 2nd Circuit is electronic.
Dec 12, 2016
CIRCULATED.
Dec 14, 2016
Brief of respondent Eric T. Schneiderman, Attorney General of New York filed. (Distributed)
Dec 21, 2016
Brief amici curiae of Labor, Environmental, and Civil Rights Organizations filed. (Distributed)
Dec 21, 2016
Brief amici curiae of First Amendment Scholars filed. (Distributed)
Dec 21, 2016
Brief amicus curiae of Credit Union National Association filed. (Distributed)
Dec 21, 2016
Brief amici curiae of National Governors Association, et al. filed. (Distributed)
Dec 21, 2016
Brief amici curiae of Action on Smoking and Health, et al. filed. (Distributed)
Dec 21, 2016
Brief amici curiae of International Center for Law & Economics and Scholars of Law and Economics filed. (Distributed)
Dec 21, 2016
Brief amici curiae of Florida, et al. filed. (Distributed)
Dec 21, 2016
Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed)
Dec 21, 2016
Brief amicus curiae of New York Credit Union Association filed. (Distributed)
Dec 21, 2016
Brief amici curiae of Constitutional, Administrative, Contracts, and Health Law Scholars filed. (Distributed)
Dec 28, 2016
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 3, 2017
Reply of petitioners Expressions Hair Design, et al. filed. (Distributed)
Jan 10, 2017
Argued. For petitioners: Deepak Gupta, Washington, D. C. For United States, as amicus curiae: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Steven C. Wu, Deputy Solicitor General, New York, N. Y.
Mar 29, 2017
Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Ginsburg, and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment, in which Alito, J., joined.
May 1, 2017
JUDGMENT ISSUED.

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