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In re United States

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Petition granted, judgment vacated, and case remanded for further consideration consistent with the per curiam opinion issued in this case.
Docket No. Op. Below Argument Opinion Vote Author Term
17-801 9th Cir. N/A N/A N/A N/A OT 2017

Issue: Whether, in an action challenging a federal agency's discretionary enforcement policy, a district court may order broad discovery and expansion of the administrative record beyond that presented by the agency, including the compelled addition and public disclosure of deliberative, pre-decisional documents and other privileged materials.

DateProceedings and Orders (key to color coding)
Dec 01 2017Petition for a writ of mandamus filed. (Response due January 2, 2018)
Dec 01 2017Application (17A570) for a stay pending the disposition of the petition for a writ of mandamus, submitted to Justice Kennedy.
Dec 01 2017Response to application (17A570) requested by Justice Kennedy, due Wednesday, December 6, 2017, by 4 p.m. ET.
Dec 06 2017Response to application from respondent United States District Court for the Northern District of California filed.
Dec 06 2017Response to application from respondents California, et al. filed.
Dec 06 2017Response to application from respondents Garcia, Dulce, et al. filed.
Dec 07 2017Reply of applicants United States, et al. filed.
Dec 08 2017Application (17A570) referred to the Court.
Dec 08 2017Application (17A570) granted by the Court. The application for a stay presented to JUSTICE KENNEDY and by him referred to the Court is granted, and the District Court’s September 22, 2017, October 17, 2017, and November 20, 2017 orders, to the extent they require discovery and addition to the administrative record filed by the Government, are stayed pending disposition of the Government’s petition for a writ of mandamus or in the alternative a writ of certiorari. Responses to the Government’s petition for a writ of mandamus or in the alternative a writ of certiorari must be filed by Wednesday, December 13, 2017 at 4:00 p.m. JUSTICE BREYER, with whom JUSTICE GINSBURG, JUSTICE SOTOMAYOR, and JUSTICE KAGAN join, dissenting from grant of stay. (Detached opinion).
Dec 12 2017Blanket Consent to the filing of amicus briefs in support of either party or of neither party, filed by Petitioner, United States, et al.
Dec 13 2017Brief of respondents State of California, et al. in opposition filed.
Dec 13 2017Brief of respondent Regents of the University of California and Janet Napolitano in her official capacity as President of the University of California in opposition filed.
Dec 13 2017Brief of respondent Dulce Garcia, Miriam Gonzalez Avila, Saul Jimenez Suarez, Viridiana Chabolla Mendoza, Norma Ramirez, and Jirayut Latthivongskorn in opposition filed.
Dec 13 2017Brief amici curiae of Legal Scholars in support of respondents filed.
Dec 13 2017Brief amici curiae of Natural Resources Defense Council, Inc., and Public Citizen, Inc. in support of respondents filed.
Dec 13 2017Brief amici curiae of New York, et al. filed.
Dec 13 2017Brief amicus curiae of The State of Texas filed.
Dec 13 2017Motion of New York, Connecticut, Delaware, Hawaii, Illinois, Iowa, Massachusetts, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Governor of Colorado, District of Columbia for leave to file amicus brief not accepted for filing. (December 13, 2017)
Dec 15 2017Reply of petitioners United States, et al. filed.
Dec 20 2017Petition treated as a petition for a writ of certiorari and GRANTED. Judgment VACATED and case REMANDED. Opinion per curiam. (Detached Opinion)
Jan 22 2018JUDGMENT ISSUED.