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Trump v. Useche

Judgment vacated and case remanded to the U.S. District Court for the District of Maryland with instructions to dismiss for lack of jurisdiction, on December 28, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
20-662 D. Md. N/A N/A N/A N/A OT 2020

Issues: (1) Whether the relief entered — a three-judge district court declared that the president's memorandum, which instructed the commerce secretary to include in the report on the decennial census information about people living in the country illegally, was unlawful and enjoined the secretary from including the information in his report — satisfies the requirements of Article III of the Constitution; and (2) whether the memorandum is a permissible exercise of the president’s discretion under the provisions of law governing congressional apportionment.

DateProceedings and Orders (key to color coding)
Nov 13 2020Statement as to jurisdiction filed. (Response due December 14, 2020)
Nov 16 2020Letter of Donald J. Trump, President of the United States, et al. submitted.
Nov 24 2020Motion for Expedited Consideration of the Jurisdictional Statement and Waiver of the 14-day Waiting Period for Distribution filed by appellant Donald J. Trump, et al.
Dec 02 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 14 2020Motion to affirm filed by appellees Natalia Useche, et al. (Distributed)
Dec 28 2020The judgment is vacated, and the case is remanded to the United States District Court for the District of Maryland with instructions to dismiss for lack of jurisdiction. See Trump v. New York, 592 U. S. ___ (2020) (per curiam). Justice Breyer, joined by Justice Sotomayor and Justice Kagan, dissents for the reasons stated in Trump v. New York, 592 U. S. ___ (2020) (Breyer, J., dissenting).