|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.
|Date||Proceedings and Orders |
|Nov 14 2019||Petition for a writ of certiorari filed. (Response due December 18, 2019)|
|Nov 21 2019||Brief of respondents Cyrus R. Vance, Jr., in his official capacity as district attorney of the County of New York,et al. in opposition filed.|
|Nov 21 2019||Waiver of right of respondent Mazars USA LLP to respond filed.|
|Nov 22 2019||Brief amicus curiae of United States filed.|
|Nov 25 2019||Reply of petitioner Donald Trump filed.|
|Nov 25 2019||Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc. filed.|
|Nov 26 2019||DISTRIBUTED for Conference of 12/13/2019.|
|Dec 13 2019||Petition GRANTED. The case will set for argument in the March 2020 argument session.|
|Jan 08 2020||Blanket Consent filed by Petitioner, Donald Trump|
|Jan 15 2020||Blanket Consent filed by Respondent, Mazars USA LLP.|
|Jan 15 2020||Blanket Consent filed by Respondent, Cyrus R. Vance, Jr., in his official capacity as District Attorney of the County of New York.|
|Jan 21 2020||Motion to dispense with printing the joint appendix filed by petitioner Donald Trump.|
|Jan 27 2020||Brief of petitioner Donald J. Trump filed.|
|Jan 31 2020||SET FOR ARGUMENT on Tuesday, March 31, 2020.|
|Feb 03 2020||Brief amicus curiae of United States filed.|
|Feb 03 2020||Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Also in 19-715 & 19-760) VIDED.|
|Feb 03 2020||Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc. filed. (Also in 19-715 & 19-760) VIDED.|
|Feb 05 2020||Letter 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|
|Feb 19 2020||CIRCULATED|
|Feb 19 2020||Record requested from the U.S.C.A. 2nd Circuit.|
|Feb 19 2020||The record received from the U.S.C.A. 2nd Circuit has been electronically filed.|
|Feb 20 2020||Sealed documents sent from the U.S.C.A. 2nd Circuit are electronically filed.|
|Feb 24 2020||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Feb 26 2020||Brief of respondent Cyrus R. Vance, Jr., in his Official Capacity as District Attorney of the County of New York filed. (Distributed)|
|Feb 26 2020||Sealed document sent by the U.S.D.C Southern District of New York. (1-Envelope)|
|Mar 02 2020||Brief amici curiae of Former Republican Members of Congress, et al. filed. (Distributed)|
|Mar 03 2020||Brief amici curiae of Boston University Law Professors Sean J. Kealy and James J. Wheaton filed. (Distributed)|
|Mar 04 2020||Brief amici curiae of Washington State Tax Practitioners filed. (Distributed)|
|Mar 04 2020||Brief amici curiae of Former Department of Justice Officials filed. (Distributed)|
|Mar 04 2020||Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)|
|Mar 04 2020||Brief amici curiae of The American Civil Liberties Union, and The New York Civil Liberties Union filed. (Distributed)|
|Mar 04 2020||Brief amici curiae of Commonwealth of Virginia, et al. filed. (Distributed)|
|Mar 04 2020||Brief amici curiae of Claire Finkelstein and the Center for Ethics and the Rule of Law at the University of Pennsylvania filed. (Distributed)|
|Mar 04 2020||Brief amicus curiae of David Boyle filed. (Distributed)|
|Mar 04 2020||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Mar 04 2020||Brief amicus curiae of Eugene H. Goldberg filed. (Distributed)|
|Mar 16 2020||ORAL ARGUMENT POSTPONED.|
|Mar 23 2020||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Mar 27 2020||Reply of petitioner Donald J. Trump filed. (Distributed)|
|Apr 13 2020||Argument to be rescheduled for May 2020.|
|Apr 15 2020||RESCHEDULED FOR ARGUMENT on Tuesday, May 12, 2020.|
|May 12 2020||Argued. 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.|
|Jul 09 2020||Judgment 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.|
|Jul 15 2020||Application (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.|
|Jul 17 2020||JUDGMENT ISSUED (forthwith).|
|Jul 17 2020||Application (20A17) granted by The Chief Justice.|
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
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Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
How do you solve a problem like the shadow docket? @steve_vladeck has some thoughts and shared them with @AHoweBlogger in the latest SCOTUStalk.
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