June 29, 2015
More than 99% of all petitions to the United States Supreme Court are rejected, meaning that the petitioner’s claims are never heard by the High Court.
In 2014, we were fortunate to have two cases — of about 100 in total addressed by the Court — accepted. And then we then won each by 9-0 decisions authored by Justice Clarence Thomas. Inasmuch as this was the inaugural year of our new firm, this was an exceptional honor.
As we wrote here, we asked the U.S. Supreme Court to consider a third case this year — Wagner v. City of Garfield Heights. In that case we filed what we refer to as a “me too” petition before the U.S. Supreme Court, one addressing issues otherwise before the Court, in this case Reed v. Town of Gilbert, AZ, which was heard by the Justices in oral argument by the Court back in January.
We could not say after the Court’s initial conference that the case had been accepted or rejected — rather they just held it in abeyance.
Last week, they ruled in favor of Reed in the Arizona litigation, vindicating the First Amendment rights of the petitioner in a case involving content discrimination by the Town of Gilbert as to yard signs. Today, they issued their ruling in the Wagner case and ruled in favor of our client, Frank Wagner. Wagner had been cited criminally by the City of Garfield Heights for placing a 4′ x 4′ sign in his yard critical of his city council member.
The case has now been sent back to the 6th Circuit for further consideration in light of the Reed decision. You may read the SCOTUS order here.