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On Wednesday the Supreme Court hears oral argument in Mission Product Holdings Inc. v. Tempnology, LLC; Ronald Mann has our preview.

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Department of Commerce v. New York

Docket No. Op. Below Argument Opinion Vote Author Term
18-966 S.D.N.Y. TBD TBD TBD TBD OT 2018

Issues: (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; and (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 25 2019Petition for a writ of certiorari before judgment filed. (Response due February 25, 2019)
Jan 25 2019Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.
Jan 29 2019Response to petitioners' motion to expedite from respondents New York, et al. (Government Plaintiffs-Respondents) filed.
Jan 30 2019Motion DISTRIBUTED for Conference of 2/15/2019.
Feb 11 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 11 2019Brief of respondents New York et al. (Government Plaintiffs-Respondents) in opposition filed. (Distributed)
Feb 11 2019Brief amicus curiae of United States House of Representatives filed. (Distributed)
Feb 11 2019Brief amici curiae of Ronald A. Cass & Christopher C. DeMuth, Sr. filed. (Distributed)
Feb 11 2019Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)
Feb 11 2019Brief of respondents New York Immigration Coalition, et al. in opposition filed. (Distributed)
Feb 11 2019Brief amici curiae of Judicial Watch and AEF filed. (Distributed)
Feb 12 2019Brief amicus curiae of Project on Fair Representation filed. (Distributed)
Feb 13 2019Reply of petitioners Department of Commerce, et al. filed. (Distributed)
 
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