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Trump v. Vance

Docket No.19-635
Op. Below2d Cir.
ArgumentMay 12, 2020

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 John Roberts on Jul 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.

Proceedings & orders timeline

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 8, 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 3, 2020
Brief amicus curiae of United States filed.
Feb 3, 2020
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Also in 19-715 & 19-760) VIDED.
Feb 3, 2020
Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc. filed. (Also in 19-715 & 19-760) VIDED.
Feb 5, 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 2, 2020
Brief amici curiae of Former Republican Members of Congress, et al. filed. (Distributed)
Mar 3, 2020
Brief amici curiae of Boston University Law Professors Sean J. Kealy and James J. Wheaton filed. (Distributed)
Mar 4, 2020
Brief amici curiae of Washington State Tax Practitioners filed. (Distributed)
Mar 4, 2020
Brief amici curiae of Former Department of Justice Officials filed. (Distributed)
Mar 4, 2020
Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
Mar 4, 2020
Brief amici curiae of The American Civil Liberties Union, and The New York Civil Liberties Union filed. (Distributed)
Mar 4, 2020
Brief amici curiae of Commonwealth of Virginia, et al. filed. (Distributed)
Mar 4, 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 4, 2020
Brief amicus curiae of David Boyle filed. (Distributed)
Mar 4, 2020
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 4, 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 9, 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.

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