NIFLA v. BECERRA

No. 16-1140.

138 S.Ct. 2361 (2018)

585 U.S. 755

NATIONAL INSTITUTE OF FAMILY AND LIFE ADVOCATES, dba NIFLA, et al., Petitioners, v. Xavier BECERRA, Attorney General of California, et al.

Supreme Court of United States.

Decided June 26, 2018.


Attorney(s) appearing for the Case

Michael P. Farris , Washington, DC, for Petitioners.

Jeffrey B. Wall for the United States as amicus curiae, by special leave of the Court, supporting neither party.

Joshua A. Klein , San Francisco, CA, for Respondents.

John C. Eastman , Center for Constitutional Jurisprudence c/o Chapman University, Fowler School of Law, Orange, CA, Anne O'Connor , National Institute of Family and Life Advocates, Fredericksburg, VA, Michael P. Farris , Kristen K. Waggoner , David A. Cortman , Kevin H. Theriot , James A. Campbell , Denise M. Harle , Elissa M. Graves , Alliance Defending Freedom, Washington, DC, Dean R. Broyles , The National Center for Law and Policy, Escondido, CA, for Petitioners.

Thomas E. Montgomery , County Counsel, County of San Diego, Thomas D. Bunton , Chief Deputy, Darin L. Wessel , Senior Deputy, San Diego, CA, for Respondent.

Thomas E. Montgomery in his official capacity as County Counsel for the County of San Diego.

Xavier Becerra , Attorney General of California, Edward C. DuMont , Solicitor General, Janill L. Richards , Principal Deputy Solicitor General, Joshua A. Klein , Counsel of Record, Deputy Solicitor General, Kathleen Vermazen Radez , Anthony R. Hakl , Jonathan M. Eisenberg , Deputy Attorneys General, State of California, Department of Justice, San Francisco, CA, for State Respondents.


The California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act (FACT Act) requires clinics that primarily serve pregnant women to provide certain notices. Cal. Health & Safety Code Ann. § 123470 et seq. (West 2018). Licensed clinics must notify women...

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