Americans for Prosperity Foundation, et al v. Anthony Albence, et al
Plaintiff: AMERICANS FOR PROSPERITY FOUNDATION and AMERICANS FOR PROSPERITY
Defendant: ANTHONY J. ALBENCE, in his official capacity as State Election Commissioner for the State of Delaware and ATTORNEY GENERAL DELAWARE
Case Number: 26-2469
Filed: June 17, 2026
Court: U.S. Court of Appeals, Third Circuit
Nature of Suit: Other Civil Rights

Opinions

We have the following opinions for this case:

Date Filed Description
August 31, 2026 Summary Americans for Prosperity Foundation v. Albence

Docket Report

This docket was last retrieved on August 10, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2026 Filing 34 COURT MINUTES OF ARGUED/SUBMITTED CASES. (KY) [Entered: 08/10/2026 03:25 PM]
August 10, 2026 Filing 33 ARGUED on Monday, August 10, 2026. Panel: HARDIMAN, BIBAS, and RENDELL, Circuit Judges. Allen J. Dickerson arguing for Appellant Americans for Prosperity ; Emily V. Burton arguing for Appellee Anthony J. Albence. (KY) [Entered: 08/10/2026 03:17 PM]
August 6, 2026 Filing 32 HARD COPY RECEIVED from Appellants Americans for Prosperity and Americans for Prosperity Foundation - Reply Brief. Copies: 7. (PAR) [Entered: 08/06/2026 01:49 PM]
August 4, 2026 Filing 31 ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Emily V. Burton, Esq. for Appellees Anthony J. Albence and Attorney General Delaware. Case Summary: This appeal asks whether this Court's 2015 holding that Delaware's Campaign Finance Disclosure Act survived exacting scrutiny under the First Amendment remains good law, whether the Act is constitutional, and whether it should be preliminarily enjoined.. Post Video: YES. [26-2469] (EVB) [Entered: 08/04/2026 03:58 PM]
August 4, 2026 Filing 30 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Americans for Prosperity and Americans for Prosperity Foundation. Certificate of Service dated 08/04/2026 by ECF. [26-2469] (AJD) [Entered: 08/04/2026 02:55 PM]
August 4, 2026 Filing 29 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Emily V. Burton, Esq. for Appellees Anthony J. Albence and Attorney General Delaware. Certificate of Service dated 08/04/2026. Service made by ECF. [26-2469] (EVB) [Entered: 08/04/2026 09:29 AM]
August 3, 2026 Filing 28 HARD COPY RECEIVED from Appellees Anthony J. Albence and Attorney General Delaware - Brief. Copies: 7. (JD) [Entered: 08/03/2026 09:54 AM]
July 31, 2026 Filing 27 CLERK'S OFFICE QUALITY CONTROL MESSAGE: Clerk's order dated 7/31/2026 entered as dkt entry #26. ERROR: Clerk's order entered in incorrect case CORRECTION: Clerk's order was removed from docket as dkt entry #26 THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (NAF) [Entered: 07/31/2026 02:13 PM]
July 31, 2026 Filing 25 ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Allen J. Dickerson, Esq. for Appellants Americans for Prosperity and Americans for Prosperity Foundation. Case Summary: This appeal asks whether Appellants are likely to show Delaware's donor disclosure requirement for organizations publishing third-party advertisements violates the First Amendment and whether the equitable factors governing injunctions favor Appellants.. Post Video: YES. [26-2469] (AJD) [Entered: 07/31/2026 10:56 AM]
July 31, 2026 Filing 24 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Allen J. Dickerson, Esq. for Appellants Americans for Prosperity and Americans for Prosperity Foundation. Certificate of Service dated 07/31/2026. Service made by ECF. [26-2469] (AJD) [Entered: 07/31/2026 10:40 AM]
July 30, 2026 Filing 23 TEXT ORDER (Clerk) At the direction of the Court, the parties at argument shall be prepared to address in addition to the merits all relevant considerations for the entry of a preliminary injunction. (KY) [Entered: 07/30/2026 03:34 PM]
July 29, 2026 Filing 22 ECF FILER: ENTRY OF APPEARANCE from Tara Malloy on behalf of Appellee(s) Anthony J. Albence and Attorney General Delaware. [26-2469] (TM) [Entered: 07/29/2026 05:45 PM]
July 29, 2026 Filing 21 ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Anthony J. Albence and Attorney General Delaware. Certificate of Service dated 07/29/2026 by ECF. [26-2469] (EVB) [Entered: 07/29/2026 04:05 PM]
July 29, 2026 Filing 20 ECF FILER: ENTRY OF APPEARANCE from Emily V. Burton on behalf of Appellee(s) ANTHONY J. ALBENCE, in his official capacity as State Election Commissioner for the State of Delaware; Attorney General for the State of Delaware. [26-2469] (EVB) [Entered: 07/29/2026 03:24 PM]
July 27, 2026 Filing 19 Oral Argument Notification for Monday, 08/10/2026. Setting & Time: Maris Courtroom / 1:00pm. Location: Philadelphia, PA. (KY) [Entered: 07/27/2026 11:26 AM]
July 17, 2026 Filing 18 HARD COPY RECEIVED from Appellants Americans for Prosperity and Americans for Prosperity Foundation - Joint Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). (EAF) [Entered: 07/17/2026 12:16 PM]
July 17, 2026 Filing 17 HARD COPY RECEIVED from Appellants Americans for Prosperity and Americans for Prosperity Foundation - Brief with Volume I of Appendix attached. Copies: 7. (PAR) [Entered: 07/17/2026 11:23 AM]
July 15, 2026 Filing 16 ECF FILER: ELECTRONIC JOINT APPENDIX Volume II on behalf of Appellants Americans for Prosperity and Americans for Prosperity Foundation. Certificate of service dated 07/15/2026 by ECF. [26-2469]--[Edited 07/15/2026 by MCW] (AJD) [Entered: 07/15/2026 02:15 PM]
July 15, 2026 Filing 15 ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants Americans for Prosperity and Americans for Prosperity Foundation. Certificate of Service dated 07/15/2026 by ECF. [26-2469] (AJD) [Entered: 07/15/2026 02:11 PM]
July 6, 2026 Opinion or Order Filing 14 ORDER (HARDIMAN, BIBAS and RENDELL, Circuit Judges) The Motion to Expedite Appeal filed by Appellants Americans for Prosperity Foundation and Americans for Prosperity is granted in part. The appeal shall be expedited and the following briefing schedule imposed: Appellants' Brief and Appendix shall be filed and served on or before July 15, 2026; Appellees' Brief shall be filed and served on or before July 29, 2026; Appellant's Reply Brief, if any, shall be filed and served on or before August 4, 2026. The appeal shall be calendared at the convenience of the Court. Panel No.: ECO-064. HARDIMAN, Authoring Judge. (JK) [Entered: 07/06/2026 01:14 PM]
June 23, 2026 Filing 13 ECF FILER: ENTRY OF APPEARANCE from Jennifer Kate Aaronson on behalf of Appellee(s) Anthony Albence, in his official capacity as State Election Commissioner for the State of Delaware and Kathy Jennings, in her official capacity as Attorney General of the State of Delaware. [26-2469] (JA) [Entered: 06/23/2026 10:00 AM]
June 22, 2026 Filing 12 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Americans for Prosperity Foundation and Americans for Prosperity advising this court that transcripts are not needed. [26-2469] (AJD) [Entered: 06/22/2026 03:10 PM]
June 18, 2026 Filing 11 ECF FILER: ENTRY OF APPEARANCE from Robert J. Tucker on behalf of Appellant(s) Americans for Prosperity Foundation and Americans for Prosperity. [26-2469] (RJT) [Entered: 06/18/2026 01:25 PM]
June 18, 2026 Filing 10 ECF FILER: ENTRY OF APPEARANCE from Richard B. Raile on behalf of Appellant(s) Americans for Prosperity Foundation and Americans for Prosperity. [26-2469] (RBR) [Entered: 06/18/2026 09:53 AM]
June 17, 2026 Filing 9 ECF FILER: ENTRY OF APPEARANCE from Erika D. Prouty on behalf of Appellant(s) Americans for Prosperity Foundation and Americans for Prosperity. [26-2469] (EDP) [Entered: 06/17/2026 08:52 PM]
June 17, 2026 Filing 8 ECF FILER: Concise Summary of the Case filed by Appellants Americans for Prosperity Foundation and Americans for Prosperity. [26-2469] (AJD) [Entered: 06/17/2026 04:46 PM]
June 17, 2026 Filing 7 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellants Americans for Prosperity and Americans for Prosperity Foundation. [26-2469] (AJD) [Entered: 06/17/2026 04:42 PM]
June 17, 2026 Filing 6 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Americans for Prosperity and Americans for Prosperity Foundation. [26-2469] (AJD) [Entered: 06/17/2026 04:39 PM]
June 17, 2026 Filing 5 ECF FILER: UNOPPOSED Motion filed by Appellants Americans for Prosperity and Americans for Prosperity Foundation to Expedite Appeal. Certificate of Service dated 06/17/2026. Service made by ECF. [26-2469] (AJD) [Entered: 06/17/2026 04:33 PM]
June 17, 2026 Filing 4 ECF FILER: ENTRY OF APPEARANCE from Allen J. Dickerson on behalf of Appellant(s) Americans for Prosperity Foundation and Americans for Prosperity. [26-2469] (AJD) [Entered: 06/17/2026 04:17 PM]
June 17, 2026 Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (JK) [Entered: 06/17/2026 01:58 PM]
June 17, 2026 Filing 2 RECORD available on District Court CM/ECF. (JK) [Entered: 06/17/2026 01:57 PM]
June 17, 2026 Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Americans for Prosperity and Americans for Prosperity Foundation in District Court No. 1:26-cv-00445. (JK) [Entered: 06/17/2026 01:55 PM]

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Plaintiff: AMERICANS FOR PROSPERITY FOUNDATION
Represented By: Robert J. Tucker Esq.
Represented By: Erika D. Prouty Esq.
Represented By: Allen J. Dickerson Esq.
Represented By: Jeremy D. Anderson Esq.
Represented By: Richard B. Raile Esq.
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Plaintiff: AMERICANS FOR PROSPERITY
Represented By: Robert J. Tucker Esq.
Represented By: Erika D. Prouty Esq.
Represented By: Allen J. Dickerson Esq.
Represented By: Jeremy D. Anderson Esq.
Represented By: Richard B. Raile Esq.
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Defendant: ANTHONY J. ALBENCE, in his official capacity as State Election Commissioner for the State of Delaware
Represented By: Emily V. Burton Esq.
Represented By: Jennifer-Kate Aaronson Esq.
Represented By: Tara Malloy Esq.
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Defendant: ATTORNEY GENERAL DELAWARE
Represented By: Emily V. Burton Esq.
Represented By: Jennifer-Kate Aaronson Esq.
Represented By: Tara Malloy Esq.
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