Editor's Note :

close editor's note Editor's Note :

Click here for important resources on the nomination of Amy Coney Barrett and the confirmation process.
We're hosting a symposium on the jurisprudence of the late Justice Ruth Bader Ginsburg. Click to follow along with the contributions.

Trump v. Sierra Club

Pending petition

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
20-138 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether respondents have a cognizable cause of action to obtain review of the acting secretary of defense’s compliance with a proviso in Section 8005 of the Department of Defense Appropriations Act that the secretary’s authority to transfer funds internally between DOD appropriations accounts “may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress”; and (2) whether in 2019 the acting secretary exceeded his statutory authority under Section 8005 by transferring approximately $2.5 billion in response to a request from the Department of Homeland Security for counterdrug assistance under 10 U.S.C. 284, including in the form of construction of fences along the southern border of the United States.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 07 2020Petition for a writ of certiorari filed. (Response due September 8, 2020)
Sep 01 2020Letter of September 1, 2020 from the Acting Solicitor General filed.
Sep 01 2020Motion of respondents California and New Mexico to extend the time to file a response from September 8, 2020 to September 16, 2020, submitted to The Clerk.
Sep 02 2020Response to motion from petitioner Donald J. Trump, President of the United States, et al. filed.
Sep 02 2020Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2020, for all respondents.
Sep 08 2020Brief amicus curiae of Landmark Legal Foundation filed.
Sep 08 2020Brief amicus curiae of Rep. Andy Barr filed.
Sep 08 2020Brief amicus curiae of The American Center for Law and Justice filed.
Sep 16 2020Brief of respondents Sierra Club & Southern Border Communities Coalition in opposition filed. (Distributed)
Sep 16 2020Brief of respondents California and New Mexico in opposition filed. (Distributed)
Sep 17 2020Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
Sep 23 2020DISTRIBUTED for Conference of 10/9/2020.
Sep 24 2020Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed
 
Share:
Term Snapshot
At a Glance
Awards