Department of Homeland Security v. Regents of the University of California
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-587 | 9th Cir. | Nov 12, 2019 | Jun 18, 2020 | 5-4 | Roberts | OT 2019 |
Holding: The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals program was arbitrary and capricious under the Administrative Procedure Act.
Judgment: Vacated in part, reversed in part and remanded, 5-4, in an opinion by Chief Justice Roberts on June 18, 2020. Roberts delivered the opinion of the court except as to Part IV. Justices Ginsburg, Breyer and Kagan joined that opinion in full, and Justice Sotomayor joined as to all but Part IV. Justice Sotomayor filed an opinion concurring in part, concurring in the judgment in part and dissenting in part. Justice Thomas filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Alito and Gorsuch joined. Justices Alito and Kavanaugh filed opinions concurring in the judgment in part and dissenting in part.
SCOTUSblog Coverage
- Symposium: Potential hardships to DREAMers can no longer be ignored (Craig Newby and Jeffrey Conner, June 19, 2020)
- Symposium: DACA and the need for symmetrical legal principles (Zachary Price, June 19, 2020)
- Symposium: DACA déjà vu (Nicholas Bronni, June 19, 2020)
- Symposium: SCOTUS 2020 and the DACA decision: just another reason to wish it were still 2019 (Kimberly Hermann, June 19, 2020)
- Symposium: As administration weighs next steps, it must consider that millions of American patients rely on DACA health care workers (Heather Alarcon, June 19, 2020)
- Symposium: The Supreme Court again rejects flawed administrative action targeting Latinos (Nina Perales, June 19, 2020)
- Opinion analysis: Court rejects Trump administration’s effort to end DACA (Updated) (Amy Howe, June 18, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, June 18, 2020)
- 2020 Supreme Court Preview presented by Casetext (part one) (SCOTUStalk, January 29, 2020)
- A “view” from the courtroom: A few more words (Mark Walsh, November 12, 2019)
- Argument analysis: Justices torn, hard to read in challenge to decision to end DACA (UPDATED) (Amy Howe, November 12, 2019)
- Argument preview: Justices to review dispute over termination of DACA (Amy Howe, November 5, 2019)
- Justices add securities-law case to merits docket, extend DACA argument (Amy Howe, November 1, 2019)
- Symposium: The government’s dissonant DACA drumbeat (Melissa Crow, September 13, 2019)
- Symposium: DACA is unlawful (Elizabeth Murrill, September 13, 2019)
- Symposium: Dream deferred (Shoba Sivaprasad Wadhia, September 12, 2019)
- Symposium: Will the court reach the merits...of DACA? (Chris Hajec, September 12, 2019)
- Symposium: The DACA cases may be the next big test for the Roberts Court (Dayna Zolle and Brianne Gorod, September 11, 2019)
- Symposium: Don’t judge a brief by its cover: DACA is a good policy that Congress has not authorized (Josh Blackman and Ilya Shapiro, September 11, 2019)
- Symposium: Justices to review dispute over termination of DACA (Amy Howe, September 10, 2019)
- Overview of the court’s criminal docket for OT 19 – sizeable and significant (Rory Little, September 9, 2019)
- Symposium: Immigration at the Roberts Court one year after Kennedy’s retirement (John Malcolm, July 25, 2019)
- Justices will weigh in on DACA termination (Updated) (Amy Howe, June 28, 2019)
- Justices send cake sequel back to state court (Amy Howe, June 17, 2019)
- Relist Watch (John Elwood, June 11, 2019)
- Justices reject government’s request to expedite DACA petition (Amy Howe, June 3, 2019)
- Government asks justices to expedite new petition on DACA (Amy Howe, May 29, 2019)
- After federal government filing, 9th Circuit rules in DACA dispute (Amy Howe, November 8, 2018)
- Federal government returns to Supreme Court on DACA termination (Amy Howe, November 5, 2018)
| Date | Proceedings and Orders |
|---|---|
| Nov 05 2018 | Petition for a writ of certiorari before judgment filed. (Response due December 5, 2018) |
| Nov 19 2018 | Supplemental brief of petitioners Department of Homeland Security, et al. filed. (Corrected version submitted) |
| Nov 19 2018 | Supplemental brief of petitioners Department of Homeland Security, et al. filed. (11/28/2018) |
| Nov 27 2018 | Letter of November 27, 2018 from the Solicitor General with respect to corrected supplemental brief of petitioners filed. (11/28/2018) |
| Nov 29 2018 | Motion to extend the time to file a response from December 5, 2018 to December 17, 2018, submitted to The Clerk. |
| Dec 03 2018 | Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2018, for all respondents. |
| Dec 04 2018 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. |
| Dec 05 2018 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| Dec 06 2018 | Brief amici curiae of The States of Texas, et al. filed. VIDED. |
| Dec 06 2018 | Brief amici curiae of Citizens United, Citizens United Foundation, English First Foundation, Public Advocate of the U.S., The Senior Citizens League, 60 Plus Foundation, Gun Owners of America, Gun Owners Foundation, Conservative Legal Defense and Education Fund, Patriotic Vete filed. VIDED. |
| Dec 17 2018 | Brief of respondents States of California, et al. in opposition filed. |
| Dec 17 2018 | Brief of respondents Regents of the Univeristy of California, et al. in opposition filed. |
| Dec 17 2018 | Brief of respondents Dulce Garcia, et al. in opposition filed. |
| Dec 26 2018 | DISTRIBUTED for Conference of 1/11/2019. |
| Dec 26 2018 | Letter waiving the 14-day waiting period under Rule 15.5 filed. |
| Jan 04 2019 | Reply of petitioners Department of Homeland Security, et al. filed. (Distributed) |
| Jan 14 2019 | DISTRIBUTED for Conference of 1/18/2019. |
| Jun 10 2019 | DISTRIBUTED for Conference of 6/13/2019. |
| Jun 17 2019 | DISTRIBUTED for Conference of 6/20/2019. |
| Jun 26 2019 | DISTRIBUTED for Conference of 6/27/2019. |
| Jun 28 2019 | Petition for a writ of certiorari GRANTED. The petitions for writs of certiorari before judgment in No. 18-588 and No. 18-589 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Jul 01 2019 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-587. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-587. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Jul 08 2019 | SET FOR ARGUMENT on Tuesday, November 12, 2019. VIDED |
| Jul 10 2019 | Blanket Consent filed by Petitioner, Department of Homeland Security, et al. VIDED. |
| Jul 17 2019 | Blanket Consent filed by Respondents, Dulce Garcia, Miriam Gonzalez Avila, Saul Jimenez Suarez, Viridiana Chabolla Mendoza, Norma Ramirez, and Jirayut Latthivongskorn. VIDED. |
| Jul 22 2019 | Joint motion for an extension of time to file the briefs on the merits filed. VIDED. |
| Jul 23 2019 | Blanket Consent filed by Respondents, County of Santa Clara and Service Employees International Union Local 521. |
| Jul 29 2019 | Blanket Consent filed by Respondent, Princeton University, Microsoft Corporation, Maria De La Cruz Perales Sanchez |
| Jul 30 2019 | Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2019. The time to file respondents' briefs on the merits is extended to and including September 27, 2019. The reply brief is to be filed in accordance with Rule 25.3. |
| Jul 30 2019 | Blanket Consent filed by Respondents, Regents of the Univeristy of California and Janet Napolitano, President of the University of California. VIDED. |
| Jul 30 2019 | Blanket Consent filed by Respondent, New York, et al. VIDED. |
| Jul 31 2019 | Blanket Consent filed by Respondent, Martin Jonathan Batalla Vidal, et al. VIDED. |
| Aug 01 2019 | Blanket Consent filed by Respondent, States of California, et al. VIDED. |
| Aug 19 2019 | Joint appendix filed (2 volumes). VIDED. |
| Aug 19 2019 | Brief of petitioners Department of Homeland Security, et al. filed. VIDED. |
| Aug 23 2019 | Brief amici curiae of Professors--Dean Ronald A. Cass, et al. in support of neither party filed. |
| Aug 23 2019 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. |
| Aug 26 2019 | Amici brief of States of Texas, et al. not accepted for filing. (August 26, 2019 - Corrected brief to be submitted) |
| Aug 26 2019 | Brief amici curiae of States of Texas, et al. filed. VIDED. |
| Aug 26 2019 | Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. |
| Aug 26 2019 | Brief amici curiae of Save Jobs USA, et al. filed. VIDED. |
| Aug 26 2019 | Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. VIDED. |
| Aug 26 2019 | Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. |
| Aug 26 2019 | Amicus brief of Cato Institute not accepted for filing. (August 30, 2019) (Duplicate submission). |
| Aug 26 2019 | Brief amici curiae of Cato Institute, et al. filed. VIDED. |
| Sep 03 2019 | CIRCULATED |
| Sep 16 2019 | Record requested from the U.S.C.A. 9th Circuit. |
| Sep 17 2019 | Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Sep 17 2019 | Record received from the U.S.D.C. District of Califorina, San Francisco Division is electronic and located on PACER with the exception of Sealed documents which is electronically filed. |
| Sep 20 2019 | Motion of States of Texas, et al. for enlargement of time for oral argument, for leave to participate in oral argument as amici curiae and for divided argument filed. VIDED. |
| Sep 23 2019 | Response of petitioners to motion of Texas, et al. for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument, filed. VIDED. |
| Sep 26 2019 | Brief amici curiae of DACA Recipients and State of New Jersey filed. VIDED. (Distributed) |
| Sep 26 2019 | Joint motion of respondents for enlargement of time for oral argument and for divided argument, and response to motion of Texas, et al. filed. VIDED. |
| Sep 27 2019 | Brief of respondents States of California, et al. filed. VIDED. (Distributed) |
| Sep 27 2019 | Brief of respondents Regents of the University of California, et al. filed. VIDED. (Distributed) |
| Sep 27 2019 | Brief of D.C. Respondents filed. VIDED. (Distributed) |
| Sep 27 2019 | Brief of respondents New York, et al. filed. VIDED. (Distributed) |
| Sep 27 2019 | Brief of respondents DACA Recipients, et al. filed. VIDED. (Distributed) |
| Sep 30 2019 | Brief amici curiae of National Queer Asian Pacific Islander Alliance, et al. filed. VIDED. (Distributed) |
| Oct 02 2019 | Brief amici curiae of Tim Cook, Deirdre O'Brien and Apple,et al. filed. VIDED. |
| Oct 02 2019 | Brief amici curiae of United We Dream and 50 Organizations filed. VIDED. (Distributed) |
| Oct 03 2019 | Brief amici curiae of Nineteen Colleges And Universities filed. (Distributed) |
| Oct 03 2019 | Brief amici curiae of 143 U.S. Business Associations and Companies filed. VIDED. (Distributed) |
| Oct 03 2019 | Brief amicus curiae of Government of the United Mexican States filed. VIDED. (Distributed) |
| Oct 03 2019 | Brief amici curiae of Current and Former Prosecutors and Law Enforcement Leaders filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Current Members of Congress and Bipartisan Former Members of Congress filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. (Distributed). |
| Oct 04 2019 | Brief amici curiae of Administrative Law Scholars filed. VIDED. (Distributed) |
| Oct 04 2019 | Amicus brief of American Council on Education and 43 Other Higher Education Associations not accepted for filing. (October 21, 2019 - Corrected version submitted) |
| Oct 04 2019 | Brief amici curiae of American Council on Education and 43 Other Higher Education Associations filed. VIDED.(Distributed) |
| Oct 04 2019 | Brief amici curiae of 109 Cities, Counties, Municipalities, and Local Government Advocacy Organizations filed. VIDED (Distributed) |
| Oct 04 2019 | Brief amici curiae of National School Boards Association, et al. filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED. (Distributed). (Corrected brief filed). |
| Oct 04 2019 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED. (Distributed). (October 15, 2019). |
| Oct 04 2019 | Brief amici curiae of American Historical Association, et al. filed. VIDED (Distributed) |
| Oct 04 2019 | Brief amici curiae of Former National Security Officials filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Former Homeland Security and Immigration Officials filed. VIDED. (Distributed) |
| Oct 04 2019 | Amicus brief of American Professional Society on the Abuse of Children, et al. not accepted for filing. (October 08, 2019 - to be corrected) |
| Oct 04 2019 | Brief amici curiae of American Professional Society on the Abuse of Children, et al. filed. VIDED. (Distributed). (October 9, 2019). |
| Oct 04 2019 | Brief amici curiae of Institutions of Higher Education filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of States of Nevada, et al. filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of The National Association of Home Builders, et al. filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amicus curiae of Teach for America, Inc. filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Public Citizen, Inc, et al. filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Service Employees International Union, American Federation of Labor and Congress of Industrial Organizations, and American Federation of State, County and Municipal Employees filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Public Interest Law Center, et al. filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of National Education Association and National PTA filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Empirical Scholars filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Immigration Law Scholars filed. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Administrative Law Practitioners filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Former Service Secretaries, et al. filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Association of American Medical Colleges, et al. filed. VIDED. (Distributed) |
| Oct 04 2019 | Amicus brief of Nonprofit Legal Services Organizations not accepted for filing. (October 23, 2019) |
| Oct 04 2019 | Brief amici curiae of Nonprofit Legal Services Organizations filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of Alianza Americas, et al. filed. VIDED. (Distributed) |
| Oct 04 2019 | Brief amici curiae of 127 Religious Organizations filed (October 22, 2019). VIDED. (Distributed) |
| Oct 15 2019 | Joint motion of respondents for enlargement of time for oral argument and for divided argument is GRANTED in part and the time is divided as follows: 30 minutes for the Solicitor General, 15 minutes for the private respondents, and 15 minutes for the state respondents. VIDED. |
| Oct 15 2019 | Motion of Texas, et al. for enlargement of time for oral argument, for leave to participate in oral argument as amici curiae, and for divided argument DENIED. VIDED. |
| Oct 28 2019 | Reply of petitioners Department of Homeland Security, et al. filed. VIDED. (Distributed) |
| Nov 01 2019 | A total of 80 minutes is allotted for oral argument, and the time is divided as follows: 40 minutes for the Solicitor General, 20 minutes for the private respondents, and 20 minutes for the state respondents. VIDED. |
| Nov 12 2019 | Argued. For petitioners: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For private respondents: Theodore B. Olson, Washington, D. C. For state respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal. VIDED. |
| Apr 02 2020 | Motion of respondents Martin Jonathan Batalla Vidal, et al. in No. 18-589 for leave to file a supplemental brief after oral argument filed (in 18-589). (Distributed) |
| Apr 20 2020 | Motion of respondents Martin Jonathan Batalla Vidal, et al. in No. 18-589 for leave to file a supplemental brief after oral argument GRANTED. |
| Jun 18 2020 | Adjudged to be REVERSED IN PART, VACATED IN PART, and REMANDED (No. 18-588 is Affirmed and Remanded, and No. 18-589 February 13, 2018 order Vacated, November 9, 2017 order Affirmed in Part, March 29, 2018 order Reversed in Part, and Case Remanded). Roberts, C. J., delivered the opinion of the Court, except as to Part IV. Ginsburg, Breyer, and Kagan, JJ., joined that opinion in full, and Sotomayor, J., joined as to all but Part IV. Sotomayor, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Alito and Gorsuch, JJ., joined. Alito, J., and Kavanaugh, J., filed opinions concurring in the judgment in part and dissenting in part. VIDED. |
| Jul 20 2020 | JUDGMENT ISSUED. |
