Hernandez v. Mesa

Docket No.	Argument	Opinion	Vote	Author	Term
17-1678	Nov 12, 2019	Feb 25, 2020	5-4	Alito	OT 2019

Holding: The holding in Bivens v. Six Unknown Federal Narcotics Agents does not extend to claims based on a cross-border shooting.

Judgment: Affirmed, 5-4, in an opinion by Justice Alito on February 25, 2020. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor and Kagan joined.

SCOTUSblog Coverage

Live blog of opinions (Update: Completed) (Kalvis Golde, February 25, 2020)
Opinion analysis: Justices block cross-border shooting lawsuit (Amy Howe, February 25, 2020)
Argument analysis: Justices divided in cross-border shooting case (Amy Howe, November 13, 2019)
Argument preview: Justices to tackle cross-border shooting case again (Amy Howe, November 5, 2019)
Overview of the courts criminal docket for OT 19 sizeable and significant (Rory Little, September 9, 2019)
Justices reverse in part on Indiana abortion law (Amy Howe, May 28, 2019)
OT2018 #6: "Hook 'Em, Tom" (First Mondays, November 5, 2018)
Justices officially return from summer recess, issue orders from long conference (Amy Howe, October 1, 2018)
Petition of the day (Aurora Barnes, July 2, 2018)

Date	Proceedings and Orders (key to color coding)
06/15/2018	Petition for a writ of certiorari filed. (Response due July 20, 2018)
07/18/2018	Motion to extend the time to file a response from July 20, 2018 to August 4, 2018, submitted to The Clerk.
07/20/2018	Brief amicus curiae of Government of the United Mexican States filed.
07/20/2018	Brief amicus curiae of Professor Gregory C. Sisk filed.
07/23/2018	Motion to extend the time to file a response is granted and the time is extended to and including August 6, 2018.
08/06/2018	Response to petition from respondent Jesus Mesa, Jr. filed.
08/17/2018	Reply of petitioner Jesus C. Hernández, et al. filed. VIDED.
08/22/2018	DISTRIBUTED for Conference of 9/24/2018.
10/01/2018	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
04/11/2019	Brief amicus curiae of United States filed.
04/17/2019	Supplemental brief of petitioners Jesus C. Hernández, et al. filed.
04/30/2019	DISTRIBUTED for Conference of 5/16/2019.
05/20/2019	DISTRIBUTED for Conference of 5/23/2019.
05/28/2019	Petition GRANTED limited to Question 1 presented by the petition.
05/29/2019	Joint motion for an extension of time to file the briefs on the merits filed.
06/06/2019	Joint motion to extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is extended to and including August 2, 2019. The time to file respondent's brief on the merits is extended to and including September 23, 2019.
06/06/2019	Motion to dispense with printing the joint appendix filed by petitioners Jesus C. Hernández, et al.
06/24/2019	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
07/08/2019	SET FOR ARGUMENT on Tuesday, November 12, 2019.
07/15/2019	Blanket Consent filed by Petitioners, Jesus C. Hernández, et al.
07/29/2019	Blanket Consent filed by Respondent, Jesus Mesa, Jr.
08/02/2019	Brief of petitioners Jesus C. Hernández, et al. filed.
08/02/2019	Brief amicus curiae of Alan Mygatt-Tauber filed.
08/08/2019	Brief amici curiae of Border Scholars filed.
08/08/2019	Brief amici curiae of Amnesty International USA, et al. filed.
08/09/2019	Brief amicus curiae of Government of the United Mexican States filed.
08/09/2019	Brief amicus curiae of Constitutional Accountability Center filed.
08/09/2019	Brief amici curiae of Immigrant and Civil Rights Organizations filed.
08/09/2019	Brief amicus curiae of Professor Gregory C. Sisk filed.
08/09/2019	Brief amici curiae of Tahirih Justice Center, et al. filed.
08/09/2019	Brief amicus curiae of Brady filed.
08/09/2019	Brief amici curiae of Carlos M. Vazquez and Anya Bernstein filed.
08/09/2019	Brief amici curiae of Border Network for Human Rights, et al. filed.
08/09/2019	Brief amicus curiae of Institute for Justice filed.
08/09/2019	Brief amici curiae of American Civil Liberties Union, et al. filed.
08/09/2019	Brief amici curiae of Douglas Laycock, et al. filed.
08/09/2019	Brief amici curiae of Council on American-Islamic Relations and Anas Elhady in support of neither party filed.
08/09/2019	Brief amici curiae of Former Officials of U.S. Customs and Border Protection Agency filed.
09/03/2019	CIRCULATED
09/16/2019	Record requested from the U.S.C.A. 5th Circuit.
09/16/2019	The record from the U.S.C.A. 5th Circuit is electronic and located on PACER.
09/23/2019	Brief of respondent Jesus Mesa, Jr. filed. (Distributed)
09/30/2019	Brief amicus curiae of United States filed. (Distributed)
09/30/2019	Brief amicus curiae of APA Watch filed. (Distributed)
09/30/2019	Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
09/30/2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/15/2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/23/2019	Reply of petitioners Jesus C. Hernández, et al. filed. (Distributed)
11/12/2019	Argued. For petitioners: Stephen I. Vladeck, Austin, Tex. For respondent: Randolph J. Ortega, El Paso, Tex.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
02/25/2020	Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
03/30/2020	JUDGMENT ISSUED.