Antitrust Law Daily Wrap Up, SUPREME COURT DOCKET: Recent decisions, cases, and petitions pending High Court review, (Jul 15, 2015)

By Greg Hammond, J.D.

This Antitrust Law Daily feature presents a chart highlighting the decisions, arguments, briefs, and petitions on antitrust and trade regulation issues before the 2015 Term of the U.S. Supreme Court.

Currently, there are nine antitrust and trade regulation cases that are awaiting Supreme Court Review. Two cases, Campbell-Ewald Co. v. Gomez and DIRECTV, Inc. v. Imburgia, were granted review during the 2014 Term. The remaining seven cases await determination on whether the Court will grant review or not.

Most recently, in Mercer Outdoor Advertising, LLC v. City of Hermitage, a sign company has brought its constitutional challenge of the Pennsylvania City of Hermitage’s sign code to the Supreme Court, in light of the Court’s recent decision in Reed v. Town of Gilbert. Petitioner Mercer Outdoor Advertising, LLC claims that it sought permits from Hermitage to post billboards containing the following messages: (1) “Support Our Troops”; and (2) a promotional advertisement for Samaritan’s Purse—an international relief organization. The City denied the permits, allegedly finding that billboards with such content are not allowed in commercial zoning districts. The district court found that the city zoning ordinance did not infringe on Mercer’s right to free speech, and the U.S. Court of Appeals in Philadelphia affirmed, finding Mercer lacked Article III standing.

Mercer requests that the Court grant review, vacate judgment, and remand for consideration, arguing that there is no material difference between the instant case and Reed. In Reed, the Supreme Court ruled unanimously that the Town of Gilbert’s comprehensive code, regulating outdoor signs, contained content-based regulations of speech that failed to survive strict scrutiny under the First Amendment.

Mercer would not be the first case remanded in light of Reed. The Court previously entered summary disposition in Wagner v. City of Garfield Heights, Ohio, vacating judgment and remanding the case back to the U.S. Court of Appeals in San Francisco, concerning a City of Garfield Heights sign regulation that limits the size of any single political sign to six-square feet. The case was remanded for further consideration given the Court’s Reed decision.

For details about these and other petitions and cases pending before the Supreme Court, please consult the chart of antitrust and trade regulation cases awaiting decision in the 2015 term. Issued opinions, granted petitions, pending petitions, and denied petitions are listed separately, along with a summary of the questions presented and the current status of each case.

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