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extending filing deadlines for cer- Tolles & Olson, is counsel to
tain petitions due on or after the WMTA. The case has lingered on
order’s date—an additional 150 the docket for some time. Justice
days. Motions for extensions of Brett Kavanaugh’s likely recusal—
time will be routinely granted, Kirkland’s Paul Clement he participated in the case while
the court said, if the grounds re- on the D.C. Circuit—and the
late to the virus and the request is has four petitions on the potential for a 4-4 decision may
reasonable. The justices also said justices’ Friday conference complicate the decision whether
they will entertain motions to de- list. Meanwhile, the court, to grant review.
lay distributing petitions where responding to the COVID-19
the virus has caused difficulties crisis, is extending deadlines Clement’s third scheduled pe-
tition is the case John Doe 1 v.
to file new petitions.

for lawyers who must file reply Federal Election Commission, a
briefs. First Amendment challenge to the
On the schedule for Friday’s FEC’s disclosure of investigatory
private conference are four petitions filed by for- files and the identities of those investigated pursu-
mer George W. Bush solicitor general Paul Clement, ant to its general rulemaking authority. Clement is
partner at Kirkland & Ellis. In the case Faust v. B.K. also counsel of record in Rams Football v. St. Lou-
by her next friend Margaret Tinsley, Clement, rep- is Regional Convention, a Federal Arbitration Act
resenting the director of the Arizona Department challenge involving questions of arbitrability. His op-
of Child Safety, challenges certification of a class of ponent is James Bennett of Bowd Bennett in St. Louis.
children in the state foster care system who claim Other petitions that the justices will examine ei-
they are at serious risk of emotional and physical ther for the first time or again include:
harm. >> In the case United States v. California, the Trump
“This sprawling class action should never have administration contends that federal law or intergov-
been certified,” Clement argued in the petition. “The ernmental immunity preempts certain provisions in
Ninth Circuit, however, employs an approach to class California law that prohibit state law-enforcement of-
actions seeking systemwide reform that makes cer- ficials from providing federal immigration authorities
tification all but automatic: Allege various disparate with release dates and other information about indi-
injuries to inmates or foster children, seek an injunc- viduals subject to federal immigration enforcement,
tion to make the system ‘do better’ by those in its and restrict the transfer of aliens in state custody to
custody or care, and certification of a (b)(2) class fol- federal immigration custody. Aimee Feinberg, the
lows as a matter of course.” California deputy solicitor general, represents the
Perkins Coie partner Joel Nomkin counters that state.
“the court found that issues such as whether the State >> VF Jeanswear is challenging the authority of the
exposes class members to an unconstitutional risk of U.S. Equal Employment Opportunity Commission
harm by seriously overburden-ing caseworkers, or by to continue investigating a charge of discrimination
providing an insufficient array of housing and men- after the agency issues the charging party a right-
tal-health services, can be answered in ‘one stroke,’ as to-sue notice and after the charging party pursues
required to establish commonality under Rule 23(a).” private litigation. James Powell of Womble Bond
Clement is also asking the justices to review a D.C. Dickinson in Greensboro, North Carolina, rep-
Circuit decision in the case Archdiocese of Washing- resents VF Jeanswear. U.S. Solicitor General Noel
ton v. Washington Metropolitan Transit Authority. Francisco is counsel to the EEOC.
The appeals court upheld the transit agency’s ¦

policy barring ads that promote or oppose religion Marcia Coyle, based in Washington, covers the
or a religious perspective. Former Obama solici- U.S. Supreme Court. Contact her at mcoyle@alm.
tor general Donald Verrilli Jr., a partner at Munger, com. On Twitter: @MarciaCoyle

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