See ante, at 2; post, at 11–12 (opinion of Breyer, J. Clark • at 4–5. On March 26, 2018, the court denied the plaintiffs' motion for summary judgment and granted summary judgment to the U.S. government. Id. It is an "order issued by the U.S. Supreme Court directing the lower court to transmit records for a case it will hear on appeal. [8], Justice Stephen Breyer filed an opinion concurring in the judgment with respect to severability and dissenting in part, joined by Justices Ruth Bader Ginsburg and Elena Kagan. Catron • Blair • May 6, 2020 Preview by Austin Martin, Senior Online Editor. Ellsworth • Id. Ass’n of Political Consultants v. Barr at 4. Id. In my view, the TCPA’s rule against cellphone robocalls is a content-based restriction that fails strict scrutiny. The plaintiffs alleged that the exemption violated their right to free speech on the basis that the ban was content-based and did not satisfy strict scrutiny review"Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. The following timeline details key events in this case: In May 2016, the American Association of Political Consultants, Inc. and three other plaintiffsThe Democratic Party of Oregon, Public Policy Polling, LLC., and the Washington State Democratic Central Committee filed a claim against the U.S. government in the U.S. District Court for the Eastern District of North Carolina, arguing that one of the statutory exemptions to the Telephone Consumer Protection Act of 1991 (TCPA)"The TCPA prohibits calls to cell phones by use of an automated dialing system or an artificial or prerecorded voice, subject to three statutory exemptions (the "automated call ban")." Id. Cf. [4], In his opinion, Justice Brett Kavanaugh wrote:[4], In 1991, Congress enacted a general restriction on robocalls to cell phones. Waite • Thomas, Burger • at 12, 16, 17. Woods, Communications: Kristen Vonasek • Kayla Harris • Megan Brown • Mary Dunne • Sarah Groat • Heidi Jung For more on the opinion, click here. William P. Barr, Attorney General, et al., Petitioners v. American Association of Political Consultants, Inc., et al. The Government draws further support for severability from the TCPA’s twenty-four-year history prior to the government-debt exception. Id. Question(s) Presented . at 26–27. Id. BARR, ATTORNEY GENERAL, et al. The consultants won the constitutional argument, but they did not achieve the practical result they sought. "[1] to the United States Court of Appeals for the 4th Circuit.[2]. Respectfully, however, I disagree about why that is so and what remedial consequences should follow. But this “harm” is hardly comparable to the problems associated with using severability doctrine: Having to tolerate unwanted speech imposes no cognizable constitutional injury on anyone; it is life under the First Amendment, which is almost always invoked to protect speech some would rather not hear. Id. at 24. Specifically, the SLSA notes that the Department of Education was the largest creditor agency with, in 2019, approximately 7 million individuals defaulting on their federally-managed student loans, the total value of which reached $161.3 billion. May 6, 2020 Barr, Attorney General v. American Association of Political Consultants, Inc Oral Argument T. Johnson • Id. at 20. at 18. at 26. Furthermore, the State of Indiana points out that when Congress enacted the TCPA, it deemed automated calls “pervasive” and an “intrusive invasion of privacy.” Brief of Amici Curiae State of Indiana et al., in Support of Petitioner at 10. presented the following questions to the court: In a 6-3 vote, the court affirmedThe action of an appellate court confirming a lower court's decision. at 17. The government-debt exception’s minimal intrusiveness is further reduced, the Government argues, by its restricted reach; only those with government loans receive calls, and only from authorized collectors. 19-631, holding that the Telephone Consumer… To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest. Sutherland • at 17. Id. AAPC argues that the rest of the TCPA would be undisturbed, consistent with the severability clause, if the cellphone-call ban were overturned, and Congress’s pursuit of other anti-robocall measures suggests that it would prefer a more tailored approach to the current one. Educational seminar: Preview of Barr v. American Association of Political Consultants (Katie Bart) Argument preview: Justices take on First Amendment challenge to robocall law (Amanda Shanor) Court sets cases for May telephone arguments, will make live audio available (Amy Howe) Court releases April calendar (Amy Howe) Justices grant three new cases (Amy Howe) Petitions of the … (collectively, “AAPC”) maintain that the government improperly focuses on the government-debt exception rather than the cellphone-call restriction. White • at 34. According to Politico, the government petitioners, U.S. Attorney General William Barr and the Federal Communications Commission, “argued that the court erred in throwing out the debt collector exception but would ask for severability even if its argument is turned aside.” In 1991, Congress enacted the Telephone Consumer Protection Act (“TCPA”) aimed at protecting Americans from unsolicited, intrusive phone calls. [6][7], In 2017, the plaintiffs and the U.S. government each filed motions for summary judgmentRefers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law. ) to cell phones nullify, or invalidate a verdict or judgment of a court will use to the! Exception rather than the cellphone-call restriction still fails ’ s speech clause of the Supreme. Curiae State of Indiana et al at 11:00 a.m engages in rather than the cellphone-call restriction still fails Breyer... 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