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Trump v. Hawaii

The judgment is vacated, and the case is remanded to the United States Court of Appeals for the 9th Circuit with instructions to dismiss as moot, on October 24, 2017.

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Docket No. Op. Below Argument Opinion Vote Author Term
16-1540 9th Cir. TBD TBD TBD TBD OT 2017

Issue: (1) Whether respondents' challenge to the temporary suspension of entry of aliens abroad under Section 2(c) of Executive Order No. 13,780 is justiciable; (2) whether Section 2(c)'s temporary suspension of entry violates the Establishment Clause; (3) whether the global injunction, which rests on alleged injury to a single individual plaintiff, is impermissibly overbroad; and (4) whether the challenges to Section 2(c) became moot on June 14, 2017.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 01 2017Application (16A1191) for a stay pending appeal, submitted to Justice Kennedy.
Jun 02 2017Response to application due on or before 3 p.m., Monday, June 12, 2017.
Jun 02 2017Application (16A1191) referred to the Court.
Jun 09 2017Motion (16A1190, 16A1191) for leave to file amici brief filed by Association of American Medical Colleges and Others, in support of respondents.
Jun 09 2017Motion for leave to file amicus brief filed by American Center for Law and Justice.
Jun 12 2017Response to application from respondents Hawaii, et al. filed.
Jun 12 2017Motion (16A1190, 16A1191) for leave to file amicus brief filed by The Becket Fund for Religious Liberty in support of neither party.
Jun 12 2017Motion (16A1190, 16A1191) for leave to file amici brief filed by Constitutional Law Scholars in support of respondents.
Jun 12 2017Motion (16A1190, 16A1191) for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund, Inc. in support of petitioners.
Jun 12 2017Motion (16A1190, 16A1191) for leave to file amici brief filed by Former National Security Officials in support of respondents.
Jun 12 2017Motion (16A1191) for leave to file amicus brief filed by American Professional Society on Abuse of Children in support of respondents.
Jun 12 2017Motion (16A1190, 16A1191) for leave to file amici brief filed by The States of Virginia, et al. in opposition to the stay applications.
Jun 12 2017Motion (16A1190, 16A1191) for leave to file amici brief filed by Interfaith Group of Religious and Interreligious Organizations.
Jun 13 2017Letter of applicants Donald J. Trump, President of the United States, et al. received. (Distributed)
Jun 13 2017Letter of respondents Hawaii, et al. received. (Distributed)
Jun 13 2017In consideration of the June 13, 2017 letters received from applicants and respondents, applicants are directed to file a supplemental brief on or before 3 p.m., Thursday, June 15, 2017. Respondents are directed to file a response on or before 12 p.m., Tuesday, June 20, 2017. Applicants are directed to file a reply on or before 12 p.m., Wednesday, June 21, 2017.
Jun 15 2017Supplemental brief of applicants Donald J. Trump, President of the United States, et al. filed.
Jun 20 2017Response to supplemental brief of respondents Hawaii, et al. filed.
Jun 21 2017Reply of applicants Donald J. Trump, President of the United States, et al. filed.
Jun 26 2017Petition for a writ of certiorari filed.
Jun 26 2017Application (16A1191) and application (16A1190) are GRANTED IN PART. In addition, application (16A1191) is treated as a petition for a writ of certiorari. The petitions for writs of certiorari in 16-1436 and 16-1540 are GRANTED and the cases are consolidated for argument. In addition to the issues identified in the petitions, the parties are directed to address the following question: "Whether the challenges to Sec. 2(c) became moot on June 14, 2017." Justice Thomas, with whom Justice Alito and Justice Gorsuch join, concurring in part and dissenting in part. Opinion per curiam. (Detached Opinion). VIDED.
Jun 26 2017The due dates for the briefs on the merits in 16-1436 and 16-1540 are as provided for by Rule 25 of the Rules of this Court. VIDED.
Jul 15 2017Motion for clarification filed by petitioners Donald J. Trump, President of the United States, et al.
Jul 15 2017Response to motion for clarification due on or before 12 p.m., Tuesday, July 18, 2017.
Jul 17 2017Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the petitioners. VIDED
Jul 18 2017Response to motion for clarification from respondents Hawaii, et al. filed.
Jul 18 2017Motion for leave to file amici curiae brief of Former National Security Officials in opposition to motion for clarification filed. (Distributed)
Jul 18 2017Motion for leave to file amici curiae brief of Law Professors in opposition to motion for clarification filed. (Distributed)
Jul 18 2017Motion for leave to file amici curiae brief of Members of Congress in opposition to motion for clarification filed. (Distributed)
Jul 18 2017Motion for leave to file amici curiae brief of The International Refugee Assistance Project, et al. in opposition to motion for clarification filed. (Distributed)
Jul 18 2017Motion for leave to file amici curiae brief of States of New York, et al. in opposition to motion for clarification filed. (Distributed)
Jul 18 2017Reply of petitioners Donald J. Trump, President of the United States, et al. on motion for clarification filed.
Jul 19 2017The Government’s motion seeking clarification of our order of June 26, 2017, is denied. The District Court order modifying the preliminary injunction with respect to refugees covered by a formal assurance is stayed pending resolution of the Government’s appeal to the Court of Appeals for the Ninth Circuit. Justice Thomas, Justice Alito, and Justice Gorsuch would have stayed the District Court order in its entirety.
Jul 19 2017SET FOR ARGUMENT on Tuesday, October 10, 2017. VIDED.
Jul 20 2017Letter of respondents Hawaii, et al. received. (Distributed)
Jul 26 2017Application (17A132) of Donald J. Trump, President of the United States, et al. to file a consolidated petitioners' brief on the merits and a consolidated reply brief on the merits in excess of the word limits, submitted to The Chief Justice. VIDED.
Jul 31 2017Application (17A132) granted by The Chief Justice to file a consolidated petitioners' brief on the merits and a consolidated reply brief on the merits in excess of the word limits. VIDED.
Aug 01 2017Record requested from U.S.C.A. 4th Circuit.
Aug 03 2017Brief amici curiae of Public Policy Legal Institute and Center for Competitive Politics in support of neither party filed. VIDED.
Aug 07 2017Brief amicus curiae of The Criminal Justice Legal Foundation in support of neither party filed. VIDED.
Aug 08 2017Motion to add John Doe as a party filed by respondents Hawaii, et al.
Aug 10 2017Joint appendix filed (3 volumes). VIDED.
Aug 10 2017Brief of petitioners Trump, President of U.S., et al. filed. VIDED.
Aug 14 2017CIRCULATED.
Aug 15 2017Brief amicus curiae of Professor Victor Williams filed. VIDED. (Distributed)
Aug 16 2017Brief amicus curiae of American Center for Law and Justice filed. VIDED. (Distributed)
Aug 16 2017Motion for enlargement of time for oral argument and for divided argument filed by respondents. VIDED.
Aug 17 2017Brief amici curiae of Texas, et al. filed. VIDED. (Distributed)
Aug 17 2017Response to motion to add John Doe as a party filed by petitioners Trump, President of U.S., et al.
Aug 17 2017Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED. (Distributed)
Aug 17 2017Brief amici curiae of Hardwired Global, et al. in support of neither party filed. VIDED. (Distributed)
Aug 17 2017Brief amicus curiae of Becket Fund for Religious Liberty in support of neither party filed. VIDED. (Distributed)
Aug 17 2017Brief amicus curiae of American Civil Rights Union filed. VIDED. (Distributed)
Aug 17 2017Brief amicus curiae of Zionist Organization of America filed. VIDED. (Distributed)
Aug 17 2017Brief amici curiae of National Security Experts Andrew C. McCarthy, et al. filed. VIDED. (Distributed)
Aug 17 2017Brief amici curiae of Scholars of Mormon History & Law in support of neither party filed. VIDED. (Distributed)
Aug 17 2017Brief amici curiae of Citizens United, et al. filed. VIDED. (Distributed)
Aug 17 2017Motion for leave to file amicus brief filed by Foundation for Moral Law. VIDED.
Aug 17 2017Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. (Distributed)
Aug 17 2017Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. (Distributed)
Aug 17 2017Brief amici curiae of American Legislators in Support of Judicial Restraint filed. VIDED. (Distributed)
Aug 22 2017Reply in support of motion to add John Doe as a party filed by respondents Hawaii, et al.
Aug 22 2017Brief amicus curiae of The Roderick and Solange MacArthur Justice Center filed. VIDED. (Distributed)
Aug 24 2017Further consideration of the motion of respondents Hawaii, et al. to add John Doe as a party to 16-1540 is deferred to the hearing of the case on the merits. VIDED.
Sep 05 2017Brief amici curiae of Interfaith Coalition filed. VIDED. (Distributed)
Sep 06 2017Brief amicus curiae of T.A., a United States Citizen of Yemeni Descent filed. VIDED. (Distributed)
Sep 07 2017Brief amicus curiae of National CIS Council 119 filed. VIDED. (Distributed)
Sep 08 2017Brief amici curiae of Chicago, Los Angeles, et al. filed. VIDED. (Distributed)
Sep 09 2017Brief amicus curiae of Cato Institute filed. VIDED. (Distributed)
Sep 11 2017Application (17A275) for a stay of mandate.
Sep 11 2017Brief of respondents Hawaii, et al. filed. (Distributed)
Sep 11 2017IT IS ORDERED that the mandate of the United States Court of Appeals for the Ninth Circuit, case No. 17-16426, is hereby stayed with respect to refugees covered by a formal assurance, pending receipt of a response, due on or before Tuesday, September 12, 2017, by 12 p.m., and further order of the undersigned or of the Court.
Sep 12 2017Response to application from respondents Hawaii, et al. filed.
Sep 12 2017Brief amici curiae of International Law Scholars and Nongovernmental Organizations filed. VIDED. (Distributed)
Sep 12 2017Reply of applicants Trump, President of U.S., et al. filed.
Sep 12 2017Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by International Refugee Assistance Project and HIAS, Inc.
Sep 12 2017Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by U.S. Committee for Refugees and Immigrants.
Sep 12 2017Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Lutheran Immigration and Refugee Service, et al.
Sep 12 2017Motion for leave to file amicus brief filed by United States Conference of Catholic Bishops
Sep 12 2017Application (17A275) referred to the Court.
Sep 12 2017The application for stay of mandate presented to Justice Kennedy and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 17-16426 is stayed with respect to refugees covered by a formal assurance, pending further order of this Court.
Sep 13 2017Brief amicus curiae of Freedom from Religion Foundation filed. VIDED. (Distributed)
Sep 13 2017Brief amicus curiae of David Boyle filed. VIDED. (Distributed)
Sep 13 2017Brief amici curiae of Civil Rights Organizations filed. VIDED. (Distributed)
Sep 14 2017Brief amicus curiae of Japanese American Citizens Leaque filed. VIDED. (Distributed)
Sep 14 2017Brief amici curiae of Anti-Defamation League, et al. filed. VIDED. (Distributed)
Sep 14 2017Brief amicus curiae of Khizr Khan filed. VIDED. (Distributed)
Sep 14 2017Brief amici curiae of 37 Appellate Lawyers filed. VIDED. (Distributed)
Sep 15 2017Brief amicus curiae of American Jewish Committee filed. VIDED. (Distributed)
Sep 15 2017Brief amicus curiae of KARAMAH filed. VIDED. (Distributed)
Sep 15 2017Brief amici curiae of Episcopal Bishops filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of International Labor Organizations filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Immigration Family and Constitutional Law Professors filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Professors of Federal Courts Jurisprudence, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of The Foundation for the Children of Iran, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Constitutional Law Scholars Corey Brettschneider, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Pars Equality Center, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Tahirih Justice Center, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amicus curiae of Port of Seattle filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Members of Congress filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Colleges and Universities filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Constitutional Law Scholars Gabriel "Jack" chin, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Members of the Clergy, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amicus curiae of American-Arab Anti-Discrimination Committee filed. VIDED. (Distributed)
Sep 18 2017Brief amicus curiae of American Professional Society on the Abuse of Children filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of 161 Technology Companies filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Karen Korematsu, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amicus curiae of International Lawyers for International Law filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Association of Art Museum Directors, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of PEN American Center, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Social Science Scholars filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of American Council on Education, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Muslim Justice League, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Human Rights First, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Immigration Equality, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Former National Security Officials filed. VIDED. (Distributed)
Sep 18 2017Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. (Distributed)
Sep 18 2017Brief amicus curiae of American Bar Association filed. VIDED. (Distributed)
Sep 18 2017Brief amicus curiae of Massachusetts Technology Leadership Council, Inc. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of The Association of American Medical Colleges, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Scholars of Federal Jurisdiction filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Certain Immigrant Rights Organizations filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Executive Branch Officials filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Refugee Organizations filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Interfaith Group of Religious and Interreligious Organizations filed. VIDED. (Distributed)
Sep 18 2017Brief amicus curiae of Syrian Asylee Ahmad M. filed. VIDED. (Distributed)
Sep 18 2017Brief amicus curiae of National Education Association filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Immigration Law Scholars filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of The National Asian Pacific American Bar Association, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amicus curiae of New York University filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Advocates for Human Rights, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Hussam Ayloush, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Howard University Scool of Law Civil Rights Clinic, et al. filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of Janet A. Napolitano and other Former Federal Immigration Officials filed. VIDED. (Distributed)
Sep 18 2017Brief amici curiae of States of New York, et al., filed. VIDED. (Distributed)
Sep 24 2017Letter of petitioners Donald J. Trump, President of the United States, et al. received. (Distributed). VIDED
Sep 25 2017The parties are directed to file letter briefs addressing whether, or to what extent, the Proclamation issued on September 24, 2017, may render cases No. 16-1436 and 16-1540 moot. The parties should also address whether, or to what extent, the scheduled expiration of Sections 6(a) and 6(b) of Executive Order No. 13780 may render those aspects of case No. 16-1540 moot. The briefs, limited to 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before noon, Thursday, October 5, 2017. The cases are removed from the oral argument calendar, pending further order of the Court. VIDED
Oct 04 2017Reply of petitioners Donald J. Trump, President of United States, et al. filed. VIDED. (Distributed)
Oct 05 2017Supplemental brief of petitioners Trump, President of U.S., et al. filed. VIDED. (Distributed)
Oct 05 2017Supplemental brief of respondents Hawaii, et al. filed. (Distributed)
Oct 05 2017Letter of respondents Hawaii, et al. filed. (Distributed)
Oct 24 2017We granted certiorari in this case to resolve a challenge to the temporary suspension of entry of aliens and refugees under Section 2(c) and Section 6 of Executive Order No. 13,780. Because those provisions of the Order have “expired by [their] own terms,” the appeal no longer presents a “live case or controversy.” Burke v. Barnes, 479 U. S. 361, 363 (1987). Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to dismiss as moot the challenge to Executive Order No. 13,780. United States v. Munsingwear, Inc., 340 U. S. 36, 39 (1950). We express no view on the merits. Justice Sotomayor dissents from the order vacating the judgment below and would dismiss the writ of certiorari as improvidently granted. .
Oct 24 2017Letter of petitioners filed. VIDED. (Distributed)
Nov 27 2017JUDGMENT ISSUED.