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Kerry v. Din

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Docket No. Op. Below Argument Opinion Vote Author Term
13-1402 9th Cir. Feb 23, 2015 Jun 15, 2015 5-4 Scalia OT 2014

Holding: The Ninth Circuit’s decision holding that a U.S. citizen has a protected liberty interest in her marriage that entitled her to review of the denial of a visa to her non-U.S.-citizen spouse, as well its holding that the government deprived her of that liberty interest when it denied the spouse’s visa application without providing a more detailed explanation of its reasons, is vacated.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Scalia on June 15, 2015. Justice Kennedy filed an opinion concurring in the judgement, in which Justice Alito joined. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 13 2014Application (13A932) to extend the time to file a petition for a writ of certiorari from March 24, 2014 to April 23, 2014, submitted to Justice Kennedy.
Mar 20 2014Application (13A932) granted by Justice Kennedy extending the time to file until April 23, 2014.
Apr 9 2014Application (13A932) to extend further the time to file a petition for a writ of certiorari from April 23, 2014 to May 23, 2014, submitted to Justice Kennedy.
Apr 10 2014Application (13A932) granted by Justice Kennedy extending the time to file until May 23, 2014.
May 23 2014Petition for a writ of certiorari filed. (Response due June 26, 2014)
Jun 17 2014Order extending time to file response to petition to and including August 11, 2014.
Jul 31 2014Order further extending time to file response to petition to and including August 25, 2014.
Aug 25 2014Brief of respondent Fauzia Din in opposition filed.
Sep 10 2014DISTRIBUTED for Conference of September 29, 2014.
Sep 12 2014Reply of petitioners John F. Kerry, Secretary of State, et al. filed. (Distributed)
Oct 2 2014Petition GRANTED.
Nov 14 2014The time to file the joint appendix and petitioners' brief on the merits is extended to and including November 26, 2014.
Nov 14 2014The time to file respondent's brief on the merits is extended to and including January 12, 2015.
Nov 26 2014Joint appendix filed. (Statement of costs filed.)
Nov 26 2014Brief of petitioners John F. Kerry, Secretary of State, et al. filed.
Dec 22 2014SET FOR ARGUMENT ON Monday, February 23, 2015
Dec 22 2014Record requested from U.S.C.A. 9th Circuit.
Dec 22 2014Record received from U.S.C.A. 9th Circuit is electronic and located on PACER.
Jan 7 2015CIRCULATED.
Jan 9 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jan 12 2015Brief of respondent Fauzia Din filed. (Distributed)
Jan 16 2015Brief amicus curiae of American Civil Liberties Union filed. (Distributed)
Jan 20 2015Brief amici curiae of Law School Professors filed. (Distributed)
Jan 20 2015Brief amici curiae of National Immigrant Justice Center, et al. filed. (Distributed)
Jan 20 2015Brief amici curiae of Former Consular Officers filed. (Distributed)
Jan 20 2015Brief amicus curiae of California Women's Law Center filed. (Distributed)
Jan 20 2015Brief amici curiae of National Justice for Our Neighbors, et al. filed. (Distributed)
Feb 11 2015Reply of petitioners John F. Kerry, Secretary of State, et al. filed. (Distributed)
Feb 20 2015Letter from counsel for the respondent filed.
Feb 23 2015Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mark E. Haddad, Los Angeles, Cal.
Jun 15 2015Judgment VACATED and case REMANDED. Scalia, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Thomas, J., joined. Kennedy, J., filed an opinion concurring in the judgment, in which Alito, J., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Jul 17 2015JUDGMENT ISSUED.