Kerry v. Din
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-1402 | 9th Cir. |
Feb 23, 2015 Tr.Aud. |
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
- Opinion analysis: Limited judicial review of consular officer visa decisions – foreshadowing the result in the same-sex marriage case? (Kevin Johnson)
- A View from the Courtroom: The Goldbergs (Mark Walsh)
- Argument analysis: Review of consular visa decisions for the twenty-first century (Kevin Johnson)
- Argument preview: The doctrine of consular non-reviewability – historical relic or good law? (Kevin Johnson)
| Date | Proceedings and Orders |
|---|---|
| Mar 13 2014 | Application (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 2014 | Application (13A932) granted by Justice Kennedy extending the time to file until April 23, 2014. |
| Apr 9 2014 | Application (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 2014 | Application (13A932) granted by Justice Kennedy extending the time to file until May 23, 2014. |
| May 23 2014 | Petition for a writ of certiorari filed. (Response due June 26, 2014) |
| Jun 17 2014 | Order extending time to file response to petition to and including August 11, 2014. |
| Jul 31 2014 | Order further extending time to file response to petition to and including August 25, 2014. |
| Aug 25 2014 | Brief of respondent Fauzia Din in opposition filed. |
| Sep 10 2014 | DISTRIBUTED for Conference of September 29, 2014. |
| Sep 12 2014 | Reply of petitioners John F. Kerry, Secretary of State, et al. filed. (Distributed) |
| Oct 2 2014 | Petition GRANTED. |
| Nov 14 2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including November 26, 2014. |
| Nov 14 2014 | The time to file respondent's brief on the merits is extended to and including January 12, 2015. |
| Nov 26 2014 | Joint appendix filed. (Statement of costs filed.) |
| Nov 26 2014 | Brief of petitioners John F. Kerry, Secretary of State, et al. filed. |
| Dec 22 2014 | SET FOR ARGUMENT ON Monday, February 23, 2015 |
| Dec 22 2014 | Record requested from U.S.C.A. 9th Circuit. |
| Dec 22 2014 | Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Jan 7 2015 | CIRCULATED. |
| Jan 9 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| Jan 12 2015 | Brief of respondent Fauzia Din filed. (Distributed) |
| Jan 16 2015 | Brief amicus curiae of American Civil Liberties Union filed. (Distributed) |
| Jan 20 2015 | Brief amici curiae of Law School Professors filed. (Distributed) |
| Jan 20 2015 | Brief amici curiae of National Immigrant Justice Center, et al. filed. (Distributed) |
| Jan 20 2015 | Brief amici curiae of Former Consular Officers filed. (Distributed) |
| Jan 20 2015 | Brief amicus curiae of California Women's Law Center filed. (Distributed) |
| Jan 20 2015 | Brief amici curiae of National Justice for Our Neighbors, et al. filed. (Distributed) |
| Feb 11 2015 | Reply of petitioners John F. Kerry, Secretary of State, et al. filed. (Distributed) |
| Feb 20 2015 | Letter from counsel for the respondent filed. |
| Feb 23 2015 | Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mark E. Haddad, Los Angeles, Cal. |
| Jun 15 2015 | Judgment 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 2015 | JUDGMENT ISSUED. |
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