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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. Apr 23, 2019
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; (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; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.

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)
Feb 15 2019Petition for a writ of certiorari before judgment GRANTED. The case will be set for argument in the second week of the April argument session.
Feb 19 2019Joint letter of the parties proposing briefing schedule filed.
Feb 21 2019Petitioner's brief on the merits, and any amicus curiae briefs in support of petitioners or in support of neither party, are to be filed on or before Wednesday, March 6, 2019. Respondents' briefs on the merits, and any amicus curiae briefs in support of respondents, are to be filed on or before Monday, April 1, 2019. The reply brief on the merits is to be filed in accordance with Rule 25.3 of the Rules of this Court.
Feb 22 2019SET FOR ARGUMENT on Tuesday, April 23, 2019 (10 a.m.).
Feb 25 2019Letter of petitioners filed.
Feb 27 2019Blanket Consent filed by respondents New York, et al. (government respondents).
Feb 27 2019Blanket Consent filed by respondents New York Immigration Coalition, et al.
Mar 04 2019Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 06 2019Joint appendix of petitioners filed.
Mar 06 2019Brief of petitioners Department of Commerce, et al. filed.
Mar 06 2019Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.
Mar 06 2019Brief amici curiae of Ronald A. Cass & Christopher C. DeMuth, Sr. filed.
Mar 06 2019Brief amici curiae of Oklahoma, et al. filed.
Mar 06 2019Brief amicus curiae of Project on Fair Representation filed.
Mar 06 2019Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Mar 06 2019Brief amicus curiae of Public Interest Legal Foundation filed.
Mar 06 2019Brief amici curiae of Republican National Committee and the National Republican Congressional Committee filed.
Mar 06 2019Brief amici curiae of Citizens United, et al. filed.
Mar 06 2019Brief amici curiae of Judicial Watch and Allied Educational Foundation filed.
Mar 06 2019Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
Mar 08 2019Joint motion for enlargement of time for oral argument and for divided argument, and response to motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument filed by respondents New York et al.
Mar 11 2019Letter of petitioners updating Court on related case filed. (Distributed)
Mar 13 2019Joint letter of respondents in response to letter of Solicitor General filed. (Distributed)
Mar 15 2019The parties are directed to brief and argue the following additional question: Whether the Secretary of Commerce’s decision to add a citizenship question to the Decennial Census violated the Enumeration Clause of the U.S. Constitution, art. I, §2, cl. 3. Respondents are allowed an additional 2,000 words in aggregate to address this question in their briefs on the merits. Petitioners are allowed an additional 1,000 words to address this question in their reply brief on the merits.
Mar 20 2019CIRCULATED
Mar 20 2019Blanket consent filed by petitioners.
Mar 21 2019Record requested from the U.S.C.A. 2nd Circuit.
 
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