Trump v. Hawaii
Holding
The president has lawfully exercised the broad discretion granted to him under 8 U.S.C. 1182(f) to suspend the entry of aliens into the United States; respondents have not demonstrated a likelihood of success on the merits of their claim that Presidential Proclamation No. 9645 violates the establishment clause.
Judgment
Reversed and remanded, 5-4, in an opinion by John Roberts on Jun 26, 2018. Justice Kennedy and Justice Thomas filed concurring opinions. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.
Nov 20, 2017Application (17A550) for a stay pending appeal, submitted to Justice Kennedy.
Nov 21, 2017Response to application due on or before 12 p.m., Tuesday, November 28, 2017.
Nov 22, 2017Motion (17A550) for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by the State of Texas, et al.Nov 28, 2017Response to application from respondents Hawaii, et al. filed.Nov 28, 2017Motion (17A550) for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by the State of New York, et al.Nov 30, 2017Reply of applicants Donald J. Trump, President of the United States, et al. filed.Dec 4, 2017Application (17A550) referred to the Court.
Dec 4, 2017Application (17A550) granted by the Court. The application for a stay presented to Justice Kennedy and by him referred to the Court is granted, and the District Court’s October 20, 2017 order granting a preliminary 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 sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.
In light of its decision to consider the case on an expedited basis, we expect that the Court of Appeals will render its decision with appropriate dispatch.
Justice Ginsburg and Justice Sotomayor would deny the application.
Jan 5, 2018Petition for a writ of certiorari filed. (Response due February 5, 2018)Jan 8, 2018DISTRIBUTED for Conference of 1/19/2018.
Jan 12, 2018Brief of respondents State of Hawaii, et al. in opposition filed. (Distributed)Jan 16, 2018Reply of petitioner Donald J. Trump, President of the United States, et al. filed. (Distributed)Jan 19, 2018Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue Question 3 presented by the brief in opposition.
Jan 25, 2018Blanket Consent filed by Petitioners, Donald J. Trump, President of the United States, et al..Feb 5, 2018Application (17A824) for leave to file the brief of petitioners, brief of respondents, and the reply brief on the merits in excess of the word limits, submitted to Justice Kennedy.Feb 8, 2018Application (17A824) granted by Justice Kennedy for leave to file the brief of petitioners, brief of respondents, and the reply brief on the merits in excess of the word limits.
Feb 21, 2018Brief of petitioners Donald J. Trump, President of the United States, et al. filed.Feb 21, 2018Joint appendix filed.Feb 22, 2018Brief amicus curiae of Great Lakes Justice Center filed.Feb 23, 2018SET FOR ARGUMENT on Wednesday, April 25, 2018.
Feb 23, 2018Brief amici curiae of Christian Legal Society and National Association of Evangelicals in support of neither party filed.Feb 26, 2018Brief amicus curiae of Foundation for Moral Law filed.Feb 27, 2018Brief amicus curiae of Liberty, Life, and Law Foundation filed.Feb 27, 2018Brief amici curiae of National Security Experts filed.Feb 28, 2018Letter of respondents State of Hawaii, et al. filed. (Distributed)Feb 28, 2018Brief amicus curiae of Center for Constitutional Jurisprudence filed.Feb 28, 2018Brief amici curiae of States of Texas, et al. filed.Feb 28, 2018Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.Feb 28, 2018Brief amicus curiae of Zionist Organization of America filed.Feb 28, 2018Brief amicus curiae of Southeastern Legal Foundation filed.Feb 28, 2018Brief amicus curiae of Alliance Defending Freedom in support of neither party filed.Feb 28, 2018Brief amicus curiae of American Civil Rights Union filed.Feb 28, 2018Brief amicus curiae of American Center for Law and Justice filed.Feb 28, 2018Brief amici curiae of Citizens United, et al. filed.Feb 28, 2018Brief amicus curiae of Immigration Reform Law Institute filed.Mar 7, 2018CIRCULATED
Mar 8, 2018Brief amici curiae of Scholars of Mormon History and Law in Support of Neither Party filed. (Distributed)Mar 12, 2018Brief amicus curiae of Becket Fund for Religious Liberty in Support of Neither Party filed. (Distributed)Mar 23, 2018Brief of respondents State of Hawaii, et al. filed. (Distributed)Mar 23, 2018Brief amicus curiae of Khizr Khan filed. (Distributed)Mar 23, 2018Brief amicus curiae of The Cato Institute filed. (Distributed)Mar 26, 2018Brief amici curiae of William Webster, et al. filed. (Distributed)Mar 26, 2018Brief amici curiae of Immigration Equality and Others In Support of Respondents filed. (Distributed)Mar 26, 2018Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed. (Corrected brief to be submitted and filed).
Mar 26, 2018Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed. (Distributed)Mar 27, 2018Brief amici curiae of 36 Appellate Lawyers filed. (Distributed)Mar 27, 2018Brief amici curiae of Former Executive Branch Officials filed. (Distributed)Mar 27, 2018Brief amici curiae of Association of American Medical Colleges and Others filed. (Distributed)Mar 28, 2018Motion of Becket Fund for Religious Liberty in support of neither party for enlargement of time for oral argument and for leave to participate in oral argument as amicus curiae and for divided argument filed.Mar 28, 2018Brief amici curiae of National League of Cities, et al. filed. (Distributed)Mar 29, 2018Brief amici curiae of American Counsel on Education and 32 Other Higher Education Associations filed. (Distributed)Mar 29, 2018Brief amici curiae of National Immigrant Justice Center and The American Immigration Lawyers Association filed. (Distributed)Mar 29, 2018Brief amici curiae of Labor Organizations filed. (Distributed)Mar 29, 2018Brief amici curiae of Civil Rights Organizations filed. (Distributed)Mar 29, 2018Brief amici curiae of Muslim Justice League, Muslim Public Affairs Council, Islamic Circle of North America Council for Social Justice, MPower Change, Justice for Muslims Collective, and Partnership for Advancement of New Americans filed. (Distributed)Mar 30, 2018Brief amici curiae of Retired Generals and Admirals of the U.S. Armed Forces filed. (Distributed)Mar 30, 2018Motion for leave to file amicus brief filed by David Boyle. (Distributed)Mar 30, 2018Brief amici curiae of Anti-Defamation League, Jewish Council for Public Affairs, T'Ruah, Union for Reform Judaism, Central Conference of American Rabbis, and Women of Reform Judaism filed. (Distributed)Mar 30, 2018Brief amici curiae of Karen Korematsu, Jay Hirabayashi, Holly Yasui, The Fred T. Korematsu Center for Law and Equality, Civil Rights Organizations, and National Bar Associations of Color filed. (Distributed)Mar 30, 2018Brief amicus curiae of Plaintiffs in Iranian Alliances Across Borders v. Trump filed. (Distibuted)Mar 30, 2018Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)Mar 30, 2018Brief amici curiae of Pars Equality Center, Iranian American Bar Association, and Public Affairs Alliance of Iranian Americans, Inc. filed. (Distributed)Mar 30, 2018Brief amici curiae of Professors of Federal Courts Jurisprudence, Constitutional Law, and Immigration Law filed. (Distributed)Mar 30, 2018Brief amici curiae of States of New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, and Washington, and the District of Columbia filed. (Distributed)Mar 30, 2018Brief amici curiae of Tahirih Justice Center, et al. filed. (Distributed)Mar 30, 2018Brief amicus curiae of American Jewish Committee filed. (Distributed)Mar 30, 2018Brief amici curiae of Colleges and Universities filed. (Distributed)Mar 30, 2018Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. (Distributed)Mar 30, 2018Brief amici curiae of Evan McMullin, Anne Applebaum, Max Boot, Linda Chavez, Eliot Cohen, Mindy Finn, Juleanna Glover, Norman Ornstein, Michael Steele, Charlie Sykes, and Jerry Taylor filed. (Distributed)Mar 30, 2018Brief amici curiae of U.S. Companies filed. (Distributed)Mar 30, 2018Brief amici curiae of Federal Courts Scholars filed. (Distributed)Mar 30, 2018Brief amici curiae of City of Chicago et al. filed. (Distributed)Mar 30, 2018Brief amici curiae of Members of Congress filed. (Distributed)Mar 30, 2018Brief amicus curiae of American-Arab Anti-Discrimination Committee filed. (Distributed)Mar 30, 2018Brief amicus curiae of Massachusetts Technology Leadership Council, Inc. filed. (Distributed)Mar 30, 2018Brief amici curiae of The Association of Art Museum Directors, The American Alliance of Museums, The Association of Academic Museums and Galleries, The College Art Association of America, 112 Art Museums filed. (Distributed)Mar 30, 2018Brief amici curiae of Janet A. Napolitano, et al. filed. (Distributed)Mar 30, 2018Brief amicus curiae of New York University filed. (Distributed)Mar 30, 2018Brief amici curiae of National Asian Pacific American Bar Association and Others filed. (Distributed)Mar 30, 2018Brief amici curiae of Immigration, Family, and Constitutional Law Professors filed. (Distributed)Mar 30, 2018Brief amici curiae of Eblal Zakzok, et al. filed. (Distributed)Mar 30, 2018Record requested from the U.S.C.A. 9th Circuit.
Mar 30, 2018Brief amici curiae of Immigration Law Scholars on the Text and Structure of the Immigration, and Nationality Act filed. (Distributed)Mar 30, 2018Brief amici curiae of Certain Immigrant Rights Organizations filed. (Distributed)Mar 30, 2018Brief amici curiae of National Association of Muslim Lawyers and Other Muslim Bar Associations filed. (Distributed)Mar 30, 2018Brief amici curiae of International Law Scholars and Nongovernmental Organizations filed. (Distributed)Mar 30, 2018Brief amici curiae of Former National Security Officials filed. (Distributed)Mar 30, 2018Brief amici curiae of Constitutional Law Scholars filed. (Distributed)Mar 30, 2018Brief amici curiae of Mickey Edwards and Einer R. Elhauge filed. (Distributed)Mar 30, 2018Brief amici curiae of Episcopal Bishops filed. (Distributed)Mar 30, 2018Brief amicus curiae of Freedom From Religion Foundation filed. (Distributed)Mar 30, 2018Brief amici curiae of Scholars of Immigration Law filed. (Distributed)Mar 30, 2018Brief amicus curiae of American Bar Association filed. (Distributed)Mar 30, 2018Brief amici curiae of PEN America, et al. filed. (Distributed)Mar 30, 2018Brief amicus curiae of Japanese American Citizens League filed. (Distributed)Mar 30, 2018Brief amici curiae of International Refugee Assistance Project, et al. filed. (Distributed)Mar 30, 2018Brief amicus curiae of Interfaith Group of Religious and Interreligious Organizations filed (to be reprinted 3/30/18).
Mar 30, 2018Brief amici curiae of Interfaith Group of Religious and Interreligious Organizations filed (corrected filing). (Distributed)Apr 2, 2018Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER, with the exception of one document that is SEALED and electronic.
Apr 2, 2018Brief amici curiae of Constitutional Law Scholars in Support of Respondents filed. (Distributed)Apr 2, 2018Motion of Former National Security Officials for leave to file amicus brief not accepted for filing. (April 04, 2018)
Apr 13, 2018Motion of The Becket Fund for Religious Liberty for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Apr 18, 2018Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)Apr 23, 2018Motion for leave to file amicus brief filed by David Boyle GRANTED.
Apr 25, 2018Argued. For petitioners: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For respondents: Neal K. Katyal, Washington, D. C.
May 1, 2018Letter of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)May 1, 2018Letter from amici curiae Pars Equality Center, et al., filed. (Distributed).Jun 26, 2018Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Alito, and Gorsuch, JJ., joined. Kennedy, J., and Thomas, J., filed concurring opinions. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined.
Jul 30, 2018JUDGMENT ISSUED.
Recommended Citation: Trump v. Hawaii, SCOTUSblog, https://www.scotusblog.com/cases/trump-v-hawaii-3/