Trump v. Sierra Club

Motion to lift stay denied on July 31, 2020

Linked with:

Biden v. Sierra Club

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19a60	9th Cir.	N/A	N/A	N/A	N/A	OT 2019

SCOTUSblog Coverage

Court allows border-wall construction to continue (Amy Howe, July 31, 2020)
Trump administration urges justices to allow continued border-wall construction (Amy Howe, July 29, 2020)
Opponents of border wall ask court to lift year-old stay and halt construction (Amy Howe, July 22, 2020)
Justices allow government to go ahead with funding for border wall (Amy Howe, July 27, 2019)
Academic highlight: The quiet doctrinal shift (likely) behind the border-wall stay (Steve Vladeck, July 27, 2019)
Challengers respond in dispute over funding for border wall (Amy Howe, July 19, 2019)
Battle over border wall comes to the court (Amy Howe, July 12, 2019)

Date	Proceedings and Orders (key to color coding)
07/12/2019	Application (19A60) for a stay pending appeal, submitted to Justice Kagan.
07/12/2019	Response to application (19A60) requested by Justice Kagan, due Friday, July 19, 2019, by 4 p.m. ET.
07/19/2019	Response to application from respondents Sierra Club, et al. filed.
07/19/2019	Motion for leave to file amici brief filed by California, et al.
07/19/2019	Motion for leave to file amicus brief filed by U.S. House of Representatives.
07/19/2019	Motion for leave to file amicus brief filed by Tohono O'odham Nation.
07/19/2019	Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Rep. Andy Barr.
07/22/2019	Reply of applicant Donald J. Trump, President of the United States, et al. filed.
07/26/2019	Application (19A60) referred to the Court.
07/26/2019	Application (19A60) granted by the Court. The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. Among the reasons is that the Government has made a sufficient showing at this stage that the plaintiffs have no cause of action to obtain review of the Acting Secretary’s compliance with Section 8005. The District Court’s June 28, 2019 order granting a permanent injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate when the Court enters its judgment. JUSTICE GINSBURG, JUSTICE SOTOMAYOR, and JUSTICE KAGAN would deny the application. JUSTICE BREYER, concurring in part and dissenting inpart from grant of stay. (Detached Opinion)
07/22/2020	Motion to lift stay filed by Sierra Club, et al.
07/23/2020	Response to motion requested, due Wednesday, July 29, by 4 p.m. ET.
07/24/2020	Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by United States House of Representatives.
07/28/2020	Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by U.S. Rep. Andy Barr.
07/28/2020	Motion for leave to file amici brief filed by Federal Courts Scholars.
07/28/2020	Motion for leave to file amici brief filed by Former Members of Congress.
07/29/2020	Response to motion from Trump, President of U.S., et al. filed.
07/30/2020	Reply of Sierra Club, et al. filed.
07/31/2020	The motion to lift stay is denied. JUSTICE BREYER, with whom JUSTICE GINSBURG, JUSTICE SOTOMAYOR, and JUSTICE KAGAN join, dissenting from denial of motion to lift stay. (Detached Opinion).