Kerry v. Din
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-1402 | 9th Cir. | Feb 23, 2015 | Jun 15, 2015 | 5-4 | Scalia | OT 2014 |
Holding: The Ninth Circuit"s decision holding that a U.S. citizen has a protected liberty interest in her marriage that entitled her to review of the denial of a visa to her non-U.S.-citizen spouse, as well its holding that the government deprived her of that liberty interest when it denied the spouse"s visa application without providing a more detailed explanation of its reasons, is vacated.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Scalia on June 15, 2015. Justice Kennedy filed an opinion concurring in the judgement, in which Justice Alito joined. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.
SCOTUSblog Coverage
- A View from the Courtroom: The Goldbergs (Mark Walsh, June 15, 2015)
- Opinion analysis: Limited judicial review of consular officer visa decisions foreshadowing the result in the same-sex marriage case? (Kevin Johnson, June 15, 2015)
- Argument analysis: Review of consular visa decisions for the twenty-first century (Kevin Johnson, February 24, 2015)
- Argument preview: The doctrine of consular non-reviewability historical relic or good law? (Kevin Johnson, February 18, 2015)
| Date | Proceedings and Orders |
|---|---|
| 03/13/2014 | Application (13A932) to extend the time to file a petition for a writ of certiorari from March 24, 2014 to April 23, 2014, submitted to Justice Kennedy. |
| 03/20/2014 | Application (13A932) granted by Justice Kennedy extending the time to file until April 23, 2014. |
| 04/09/2014 | Application (13A932) to extend further the time to file a petition for a writ of certiorari from April 23, 2014 to May 23, 2014, submitted to Justice Kennedy. |
| 04/10/2014 | Application (13A932) granted by Justice Kennedy extending the time to file until May 23, 2014. |
| 05/23/2014 | Petition for a writ of certiorari filed. (Response due June 26, 2014) |
| 06/17/2014 | Order extending time to file response to petition to and including August 11, 2014. |
| 07/31/2014 | Order further extending time to file response to petition to and including August 25, 2014. |
| 08/25/2014 | Brief of respondent Fauzia Din in opposition filed. |
| 09/10/2014 | DISTRIBUTED for Conference of September 29, 2014. |
| 09/12/2014 | Reply of petitioners John F. Kerry, Secretary of State, et al. filed. (Distributed) |
| 10/02/2014 | Petition GRANTED. |
| 11/14/2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including November 26, 2014. |
| 11/14/2014 | The time to file respondent's brief on the merits is extended to and including January 12, 2015. |
| 11/26/2014 | Joint appendix filed. (Statement of costs filed.) |
| 11/26/2014 | Brief of petitioners John F. Kerry, Secretary of State, et al. filed. |
| 12/22/2014 | SET FOR ARGUMENT ON Monday, February 23, 2015 |
| 12/22/2014 | Record requested from U.S.C.A. 9th Circuit. |
| 12/22/2014 | Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. |
| 01/07/2015 | CIRCULATED. |
| 01/09/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 01/12/2015 | Brief of respondent Fauzia Din filed. (Distributed) |
| 01/16/2015 | Brief amicus curiae of American Civil Liberties Union filed. (Distributed) |
| 01/20/2015 | Brief amici curiae of Law School Professors filed. (Distributed) |
| 01/20/2015 | Brief amici curiae of National Immigrant Justice Center, et al. filed. (Distributed) |
| 01/20/2015 | Brief amici curiae of Former Consular Officers filed. (Distributed) |
| 01/20/2015 | Brief amicus curiae of California Women's Law Center filed. (Distributed) |
| 01/20/2015 | Brief amici curiae of National Justice for Our Neighbors, et al. filed. (Distributed) |
| 02/11/2015 | Reply of petitioners John F. Kerry, Secretary of State, et al. filed. (Distributed) |
| 02/20/2015 | Letter from counsel for the respondent filed. |
| 02/23/2015 | Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mark E. Haddad, Los Angeles, Cal. |
| 06/15/2015 | Judgment VACATED and case REMANDED. Scalia, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Thomas, J., joined. Kennedy, J., filed an opinion concurring in the judgment, in which Alito, J., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| 07/17/2015 | JUDGMENT ISSUED. |