|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-589||2d Cir.||Nov 12, 2019||Jun 18, 2020||5-4||Roberts||OT 2019|
Holding: The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals program was arbitrary and capricious under the Administrative Procedure Act.
Judgment: February 13, 2018, order vacated, November 9, 2017, order affirmed in part, March 29, 2018, order reversed in part, and remanded, 5-4, in an opinion by Chief Justice Roberts on June 18, 2020. Roberts delivered the opinion of the court except as to Part IV. Justices Ginsburg, Breyer and Kagan joined that opinion in full, and Justice Sotomayor joined as to all but Part IV. Justice Sotomayor filed an opinion concurring in part, concurring in the judgment in part and dissenting in part. Justice Thomas filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Alito and Gorsuch joined. Justices Alito and Kavanaugh filed opinions concurring in the judgment in part and dissenting in part.
|Date||Proceedings and Orders |
|Nov 05 2018||Petition for a writ of certiorari before judgment filed. (Response due December 5, 2018)|
|Nov 23 2018||Letter of State of New York et al. (State Respondents) not accepted for filing. (November 26, 2018)|
|Nov 23 2018||Letter from State of New York, et al. received.|
|Nov 27 2018||Letter 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 2018||Motion to extend the time to file a response from December 5, 2018 to December 17, 2018, submitted to The Clerk.|
|Dec 03 2018||Motion 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 2018||Brief amici curiae of The States of Texas, et al. filed. VIDED.|
|Dec 06 2018||Brief 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 2018||Brief of respondents Martin Jonathan Batalla Vidal, et al. (non-State Respondents) in opposition filed.|
|Dec 17 2018||Brief of respondents State of New York et al. (State Respondents) in opposition filed.|
|Dec 26 2018||DISTRIBUTED for Conference of 1/11/2019.|
|Dec 26 2018||Letter waiving the 14-day waiting period under Rule 15.5 filed.|
|Jan 04 2019||Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)|
|Jan 14 2019||DISTRIBUTED for Conference of 1/18/2019.|
|Jun 10 2019||DISTRIBUTED for Conference of 6/13/2019.|
|Jun 17 2019||DISTRIBUTED for Conference of 6/20/2019.|
|Jun 26 2019||DISTRIBUTED for Conference of 6/27/2019.|
|Jun 28 2019||Petition 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 2019||Because 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 2019||SET FOR ARGUMENT on Tuesday, November 12, 2019. VIDED|
|Sep 03 2019||CIRCULATED|
|Sep 16 2019||Record requested from the U.S.C.A. 2nd Circuit.|
|Sep 16 2019||Record received from the U.S.C.A. 2nd Circuit is electronic.|
|Sep 23 2019||Record received from the U.S.D.C. Eastern District of New York. The record is electronic.|
|Nov 12 2019||Argued. 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.|
|Mar 27 2020||Letter from counsel for Martin Jonathan Batalla Vidal, et al. (non-State Respondents) not accepted for filing (March 30, 2020 - improper submission per Rule 25.6).|
|Jun 18 2020||February 13, 2018 order VACATED, November 9, 2017 order AFFIRMED IN PART, March 29, 2018 order REVERSED IN PART, and CASE REMANDED (No. 18-587 is Vacated in Part, Reversed in Part, and Remanded, and No. 18-588 is Affirmed and Remanded). Roberts, C. J., delivered the opinion of the Court, except as to Part IV. Ginsburg, Breyer, and Kagan, JJ., joined that opinion in full, and Sotomayor, J., joined as to all but Part IV. Sotomayor, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Alito and Gorsuch, JJ., joined. Alito, J., and Kavanaugh, J., filed opinions concurring in the judgment in part and dissenting in part. VIDED.|
|Jul 20 2020||JUDGMENT ISSUED.|
JUST IN: The Supreme Court will continue to provide a live audio stream of oral arguments in the new term that begins on Monday. https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-28-22
SCOTUS releases new "circuit justice" lineup, with Jackson taking over the Boston-based 1st Circuit (formerly handled by Breyer). Each justice reviews emergency appeals from the regions covered by his or her circuits. (Controversial cases usually get referred to the full court.)
Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over the summer. They'll also likely discuss the status of the Dobbs leak investigation and whether to continue live audio of oral arguments this term.
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.