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Trump v. Hawaii

Docket No. Op. Below Argument Opinion Vote Author Term
17-965 9th Cir. TBD TBD TBD TBD OT 2017

Issues: (1) Whether the respondents’ challenge to the president’s suspension of entry of aliens abroad is justiciable; (2) whether the proclamation – which suspends entry, subject to exceptions and case-by-case waivers, of certain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors – is a lawful exercise of the president’s authority to suspend entry of aliens abroad; (3) whether the global injunction barring enforcement of the proclamation’s entry suspensions worldwide, except as to nationals of two countries and as to persons without a credible claim of a bona fide relationship with a person or entity in the United States, is impermissibly overbroad; and (4) whether the proclamation violates the establishment clause of the Constitution.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 20 2017Application (17A550) for a stay pending appeal, submitted to Justice Kennedy.
Nov 21 2017Response to application due on or before 12 p.m., Tuesday, November 28, 2017.
Nov 22 2017Motion (17A550) for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by the State of Texas, et al.
Nov 28 2017Response to application from respondents Hawaii, et al. filed.
Nov 28 2017Motion (17A550) for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by the State of New York, et al.
Nov 30 2017Reply of applicants Donald J. Trump, President of the United States, et al. filed.
Dec 04 2017Application (17A550) referred to the Court.
Dec 04 2017Application (17A550) granted by the Court. The application for a stay presented to Justice Kennedy and by him referred to the Court is granted, and the District Court's October 20, 2017 order granting a preliminary injunction is stayed pending disposition of the Government's appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government's petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment. In light of its decision to consider the case on an expedited basis, we expect that the Court of Appeals will render its decision with appropriate dispatch. Justice Ginsburg and Justice Sotomayor would deny the application.
Jan 05 2018Petition for a writ of certiorari filed. (Response due February 5, 2018)
Jan 08 2018DISTRIBUTED for Conference of 1/19/2018.
Jan 12 2018Brief of respondents State of Hawaii, et al. in opposition filed. (Distributed)
Jan 16 2018Reply of petitioner Donald J. Trump, President of the United States, et al. filed. (Distributed)
Jan 16 2018Reply of Donald J. Trump, President of the United States, et al. not accepted for filing. (January 16, 2018)
Jan 19 2018Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue Question 3 presented by the brief in opposition.
Jan 25 2018Blanket Consent filed by Petitioners, Donald J. Trump, President of the United States, et al..
Feb 05 2018Application (17A824) for leave to file the brief of petitioners, brief of respondents, and the reply brief on the merits in excess of the word limits, submitted to Justice Kennedy.
Feb 08 2018Application (17A824) granted by Justice Kennedy for leave to file the brief of petitioners, brief of respondents, and the reply brief on the merits in excess of the word limits.
 
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