Editor's Note :

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On Friday, the Supreme Court released orders from the January 17 conference, granting six cases for a total of three hours of oral argument. The justices are expected to release additional orders from the conference on Tuesday at 9:30 a.m.
On Tuesday at 10:00 a.m., the justices will hear oral argument in Shular v. United States. Click to read our preview from Leah Litman.
On Tuesday at 11:00 a.m., the justices will hear oral argument in GE Energy Power Conversion France v. Outokumpu Stainless USA. Click to read our preview from Ronald Mann.

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McAleenan v. Vidal

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
18-589 2d Cir. Nov 12, 2019
Tr.Aud. 		TBD TBD TBD OT 2019

Issues: (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 05 2018Petition for a writ of certiorari before judgment filed. (Response due December 5, 2018)
Nov 23 2018Letter of State of New York et al. (State Respondents) not accepted for filing. (November 26, 2018)
Nov 23 2018Letter from State of New York, et al. received.
Nov 27 2018Letter of November 27, 2018 from the Solicitor General with respect to corrected supplemental brief of petitioners filed in case No. 18-587 filed. (11/28/2018)
Nov 30 2018Motion to extend the time to file a response from December 5, 2018 to December 17, 2018, submitted to The Clerk.
Dec 03 2018Motion 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 06 2018Brief amici curiae of The States of Texas, et al. filed. VIDED.
Dec 06 2018Brief 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 2018Brief of respondents Martin Jonathan Batalla Vidal, et al. (non-State Respondents) in opposition filed.
Dec 17 2018Brief of respondents State of New York et al. (State Respondents) in opposition filed.
Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
Dec 26 2018Letter waiving the 14-day waiting period under Rule 15.5 filed.
Jan 04 2019Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Jun 10 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019Petition for a writ of certiorari before judgment GRANTED. The petition for a writ of certiorari in No. 18-587 and the petition for a writ of certiorari before judgment in No. 18-588 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jul 01 2019Because 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 2019SET FOR ARGUMENT on Tuesday, November 12, 2019. VIDED
Sep 03 2019CIRCULATED
Sep 16 2019Record requested from the U.S.C.A. 2nd Circuit.
Sep 16 2019Record received from the U.S.C.A. 2nd Circuit is electronic.
Sep 23 2019Record received from the U.S.D.C. Eastern District of New York. The record is electronic.
Nov 12 2019Argued. 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.
 
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