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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.20-662
Op. BelowD. Md.

Issue

(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.

Proceedings & orders timeline

Nov 13, 2020
Statement as to jurisdiction filed. (Response due December 14, 2020)
Nov 16, 2020
Letter of Donald J. Trump, President of the United States, et al. submitted.
Nov 24, 2020
Motion 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 2, 2020
DISTRIBUTED for Conference of 1/8/2021.
Dec 14, 2020
Motion to affirm filed by appellees Natalia Useche, et al. (Distributed)
Dec 28, 2020
The 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).
Jan 29, 2021
JUDGMENT ISSUED.

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