Kansas v. Garcia
Holding
The Kansas statutes under which respondents, three unauthorized aliens, were convicted—for fraudulently using another person's Social Security number on state and federal tax-withholding forms submitted to their employers—are not expressly preempted by the Immigration Reform and Control Act of 1986; and respondent's argument that those law are preempted by implication is rejected.
Judgment
Reversed and remanded, 5-4, in an opinion by Samuel Alito on Mar 3, 2020. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Breyer filed an opinion concurring in part and dissenting in part, in which Justices Ginsburg, Sotomayor and Kagan joined.
Dec 7, 2017Petition for a writ of certiorari filed. (Response due January 10, 2018)Jan 2, 2018Blanket Consent filed by Petitioner, State of KansasJan 5, 2018Motion to extend the time to file a response from January 10, 2018 to February 9, 2018, submitted to The Clerk.
Jan 8, 2018Motion to extend the time to file a response is granted and the time is extended to and including February 9, 2018.
Jan 10, 2018Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.Jan 10, 2018Brief amici curiae of Michigan, et al. filed.Feb 1, 2018Motion to extend the time to file a response from February 9, 2018 to March 12, 2018, submitted to The Clerk.Feb 2, 2018Motion to extend the time to file a response is granted and the time is extended to and including March 12, 2018.
Mar 12, 2018Brief of respondents Ramiro Garcia, et al. in opposition filed.Mar 23, 2018Reply of petitioner State of Kansas filed.Mar 28, 2018DISTRIBUTED for Conference of 4/13/2018.
Apr 16, 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 4, 2018Brief amicus curiae of United States filed.Dec 19, 2018DISTRIBUTED for Conference of 1/4/2019.
Dec 19, 2018Supplemental brief of respondents Ramiro Garcia, et al. filed. (Distributed)Dec 26, 2018Rescheduled.
Jan 7, 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 10, 2019Rescheduled.
Jan 14, 2019DISTRIBUTED for Conference of 1/18/2019.
Jan 17, 2019Rescheduled.
Feb 4, 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 19, 2019DISTRIBUTED for Conference of 2/22/2019.
Feb 25, 2019DISTRIBUTED for Conference of 3/1/2019.
Mar 11, 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 18, 2019Petition GRANTED limited to Question 1 presented by the petition and the following question: Whether the Immigration Reform and Control Act impliedly preempts Kansas’s prosecution of respondents.
Apr 9, 2019Joint motion for an extension of time to file the briefs on the merits filed.Apr 16, 2019Blanket Consent filed by Petitioner, State of KansasApr 29, 2019Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 24, 2019. The time to file respondent's brief on the merits is extended to and including July 23, 2019.
May 24, 2019Brief of petitioner State of Kansas filed.May 24, 2019Joint appendix filed. (Statement of costs filed)May 31, 2019Brief amici curiae of State of Indiana and Eleven Other States filed.May 31, 2019Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed.May 31, 2019Brief amicus curiae of United States filed.May 31, 2019Brief amicus curiae of Immigration Reform Law Institute filed.May 31, 2019Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.Jul 1, 2019SET FOR ARGUMENT on Wednesday, October 16, 2019.
Jul 11, 2019Motion for a further extension of time to file respondent's brief on the merits filed.Jul 12, 2019Motion for a further extension of time to file respondent's brief on the merits granted and the time is extended to and including August 6, 2019.
Aug 1, 2019CIRCULATED
Aug 6, 2019Brief of respondents Ramiro Garcia, et al. filed. (Distributed)Aug 12, 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Aug 13, 2019Brief amici curiae of Puente Arizona et al. filed. (Distributed)Aug 13, 2019Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)Aug 13, 2019Brief amici curiae of Immigration, Labor and Employment Law Scholars filed. (Distributed)Aug 13, 2019Brief amicus curiae of Law Office of David J. Grummon, P.A. filed. (Distributed)Aug 13, 2019Brief amici curiae of The National Immigration Law Center, et al. filed. (Distributed)Aug 16, 2019Record requested from the Supreme Court of Kansas.
Aug 26, 2019Record received from the Supreme Court of Kansas. (1 Box)
Sep 5, 2019Reply of petitioner State of Kansas filed. (Distributed)Sep 11, 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 16, 2019Argued. For petitioner: Derek Schmidt, Attorney General, Topeka, Kan.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C (for United States, as amicus curiae.) For respondent: Paul Hughes, Washington, D. C.
Nov 12, 2019Records received from the Appellate Courts of Kansas, companion cases State v. Donaldo Morales, and State v. Guadalupe Ochoa-Lara. (1 envelope). A thumb drive is also included with the record, that I have filed electronically.
Mar 3, 2020Judgment REVERSED and case REMANDED. 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. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Apr 6, 2020JUDGMENT ISSUED.
Apr 6, 2020MANDATE ISSUED.
Aug 17, 2020Record returned to the Supreme Court of Kansas.
Recommended Citation: Kansas v. Garcia, SCOTUSblog, https://www.scotusblog.com/cases/kansas-v-garcia/