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Department of Commerce v. U.S. District Court for the Southern District of New York

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Case remanded on June 28, 2019, with instructions to vacate the lower court’s orders dated September 25, 2018 and October 9, 2018.
Docket No. Argument Opinion Vote Author Term
18-557 TBD TBD TBD TBD OT 2018

Issue: Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., 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—when there is no evidence 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)
Oct 03 2018Application (18A350) for a stay, submitted to Justice Ginsburg.
Oct 05 2018Application (18A350) denied by Justice Ginsburg. The application is denied without prejudice, provided that the Court of Appeals will afford sufficient time for either party to seek relief in this Court before the depositions in question are taken.
Oct 09 2018Application (18A375) for a stay, submitted to Justice Ginsburg.
Oct 09 2018UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the orders of the United States District Court for the Southern District of New York, dated July 3, 2018, August 17, 2018, and September 21, 2018, are stayed pending receipt of a response, due on or before October 11, 2018, by 4 p.m., and further order of Justice Ginsburg or of the Court.
Oct 10 2018Letter of applicants received.
Oct 11 2018Response to application from respondent New York, et al. filed.
Oct 11 2018Response to application from respondent New York Immigration Coalition, et al. filed.
Oct 12 2018Reply of applicants United States Department of Commerce, et al. filed.
Oct 12 2018Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Eagle Forum Education & Legal Defense Fund.
Oct 17 2018Motion for leave to file amicus brief filed by California.
Oct 22 2018Application (18A375) referred to the Court.
Oct 22 2018The application for stay (18A375) presented to JUSTICE GINSBURG and by her referred to the Court is granted in part and denied in part. The application is granted as to the order of the United States District Court for the Southern District of New York dated September 21, 2018, which is stayed through October 29, 2018 at 4 p.m. The application is denied as to the orders of the United States District Court for the Southern District of New York dated July 3,2018 and August 17, 2018. If the applicants file a petition for a writ of certiorari or a petition for a writ of mandamus with respect to the stayed order by or before October 29, 2018 at 4 p.m., the stay will remain in effect until disposition of such petition by this Court. Should the petition be denied, this stay shall terminate automatically. In the event the petition is granted, the stay shall terminate upon the sending down of the judgment of this Court. The denial of the stay with respect to the remaining orders does not preclude the applicants from making arguments with respect to those orders. Justice Gorsuch, with whom Justice Thomas joins, concurs in part and dissents in part. (Detached opinion)
Oct 29 2018Petition for a writ of mandamus filed. (Response due November 28, 2018)
Oct 29 2018Application (18A455) for a stay, submitted to Justice Ginsburg.
Nov 02 2018Application (18A455) referred to the Court.
Nov 02 2018Application (18A455) denied by the Court. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application.
Nov 06 2018The respondents are directed to file a response to the petition on or before 5 p.m., Tuesday, November 13, 2018. Petitioners may file a reply brief on or before 2 p.m., Thursday, November 15, 2018. Amicus curiae briefs may be filed on or before 5 p.m., Tuesday, November 13, 2018.
Nov 13 2018Brief amicus curiae of State of California filed.
Nov 13 2018Brief amicus curiae of Public Interest Legal Foundation filed.
Nov 13 2018Brief of respondents New York Immigration Coalition, et al. in opposition filed.
Nov 13 2018Brief of respondents State of New York, et al. and Other Government Plaintiffs in opposition filed.
Nov 15 2018Reply of petitioners Department of Commerce, et al. filed.
Nov 16 2018The petition for a writ of mandamus is treated as a petition for a writ of certiorari. The petition for certiorari is GRANTED. Petitioners' brief on the merits is to be filed on or before Monday, December 17, 2018. Respondents' brief on the merits is to be filed on or before Thursday, January 17, 2019. The reply brief is to be filed on or before Monday, February 4, 2019. The case is set for oral argument on Tuesday, February 19, 2019.
Nov 26 2018Letter of petitioners filed.
Dec 12 2018Motion of petitioners for an extension of time to file the joint appendix filed.
Dec 14 2018Motion to extend the time to file the joint appendix is granted and the time is extended to and including January 4, 2019.
Dec 17 2018Brief of petitioners Department of Commerce, et al. filed.
Dec 20 2018Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Dec 21 2018SET FOR ARGUMENT on Tuesday, February 19, 2019.
Dec 21 2018Brief amici curiae of State of Oklahoma, et al. filed.
Dec 24 2018Brief amicus curiae of Public Interest Legal Foundation filed.
Jan 04 2019Joint appendix filed.
Jan 11 2019Record requested from the U.S.C.A. 2nd Circuit.
Jan 14 2019Record request from the U.S.C.A. 2nd Circuit is electronic.
Jan 15 2019CIRCULATED
Jan 17 2019Brief of respondents New York Immigration Coalition, et al. filed. (Distributed)
Jan 17 2019Joint motion of respondents to dismiss as improvidently granted filed. (Distributed)
Jan 17 2019Brief of respondents State of New York, et al. filed (with 1 vol. appendix). (Distributed)
Jan 18 2019This case is REMOVED FROM THE ARGUMENT CALENDAR for Tuesday, February 19, 2019. The briefing schedule is suspended pending further order of the Court.
Jan 22 2019Petitioners' response to motion to dismiss as improvidently granted filed. (Distributed)
Jan 29 2019Reply of respondents to response to motion to dismiss as improvidently granted filed. (Distributed)
Jan 30 2019Motion DISTRIBUTED for Conference of 2/15/2019.
Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019The case is remanded to the United States Court of Appeals for the Second Circuit with instructions to vacate that court's orders dated September 25, 2018 and October 9, 2018. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
Jul 30 2019JUDGMENT ISSUED.