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Trump v. Vance

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Docket No. Op. Below Argument Opinion Vote Author Term
19-635 2d Cir. May 12, 2020 Jul 9, 2020 7-2 Roberts OT 2019

Holding: Article II and the supremacy clause of the Constitution do not categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting president.

Judgment: Affirmed and remanded, 7-2, in an opinion by Chief Justice Roberts on July 9, 2020. Justice Kavanaugh filed an opinion concurring in the judgment, in which Justice Gorsuch joined. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
11/14/2019Petition for a writ of certiorari filed. (Response due December 18, 2019)
11/21/2019Brief of respondents Cyrus R. Vance, Jr., in his official capacity as district attorney of the County of New York,et al. in opposition filed.
11/21/2019Waiver of right of respondent Mazars USA LLP to respond filed.
11/22/2019Brief amicus curiae of United States filed.
11/25/2019Reply of petitioner Donald Trump filed.
11/25/2019Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc. filed.
11/26/2019DISTRIBUTED for Conference of 12/13/2019.
12/13/2019Petition GRANTED. The case will set for argument in the March 2020 argument session.
01/08/2020Blanket Consent filed by Petitioner, Donald Trump
01/15/2020Blanket Consent filed by Respondent, Mazars USA LLP.
01/15/2020Blanket Consent filed by Respondent, Cyrus R. Vance, Jr., in his official capacity as District Attorney of the County of New York.
01/21/2020Motion to dispense with printing the joint appendix filed by petitioner Donald Trump.
01/27/2020Brief of petitioner Donald J. Trump filed.
01/31/2020SET FOR ARGUMENT on Tuesday, March 31, 2020.
02/03/2020Brief amicus curiae of United States filed.
02/03/2020Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Also in 19-715 & 19-760) VIDED.
02/03/2020Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc. filed. (Also in 19-715 & 19-760) VIDED.
02/05/2020Letter of respondent Mazars USA LLP notifying the Clerk that it does not intend to participate in this case filed. (Also in 19-715 & 19-760). VIDED
02/19/2020CIRCULATED
02/19/2020Record requested from the U.S.C.A. 2nd Circuit.
02/19/2020The record received from the U.S.C.A. 2nd Circuit has been electronically filed.
02/20/2020Sealed documents sent from the U.S.C.A. 2nd Circuit are electronically filed.
02/24/2020Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
02/26/2020Brief of respondent Cyrus R. Vance, Jr., in his Official Capacity as District Attorney of the County of New York filed. (Distributed)
02/26/2020Sealed document sent by the U.S.D.C Southern District of New York. (1-Envelope)
03/02/2020Brief amici curiae of Former Republican Members of Congress, et al. filed. (Distributed)
03/03/2020Brief amici curiae of Boston University Law Professors Sean J. Kealy and James J. Wheaton filed. (Distributed)
03/04/2020Brief amici curiae of Washington State Tax Practitioners filed. (Distributed)
03/04/2020Brief amici curiae of Former Department of Justice Officials filed. (Distributed)
03/04/2020Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
03/04/2020Brief amici curiae of The American Civil Liberties Union, and The New York Civil Liberties Union filed. (Distributed)
03/04/2020Brief amici curiae of Commonwealth of Virginia, et al. filed. (Distributed)
03/04/2020Brief amici curiae of Claire Finkelstein and the Center for Ethics and the Rule of Law at the University of Pennsylvania filed. (Distributed)
03/04/2020Brief amicus curiae of David Boyle filed. (Distributed)
03/04/2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/04/2020Brief amicus curiae of Eugene H. Goldberg filed. (Distributed)
03/16/2020ORAL ARGUMENT POSTPONED.
03/23/2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
03/27/2020Reply of petitioner Donald J. Trump filed. (Distributed)
04/13/2020Argument to be rescheduled for May 2020.
04/15/2020RESCHEDULED FOR ARGUMENT on Tuesday, May 12, 2020.
05/12/2020Argued. For petitioner: Jay A. Sekulow, Washington, D. C.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carey R. Dunne, General Counsel, New York County District Attorney's Office, New York, N. Y.
07/09/2020Judgment is AFFIRMED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Kavanaugh, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Thomas, J., and Alito, J., filed dissenting opinions.
07/15/2020Application (20A17) of Cyrus R. Vance, Jr., in his official capacity as district attorney of the County of New York, for an order to issue the judgment forthwith, submitted to The Chief Justice.
07/17/2020JUDGMENT ISSUED (forthwith).
07/17/2020Application (20A17) granted by The Chief Justice.