| No. 18-557 | |
| Title: | Department of Commerce, et al., Petitioners v. United States District Court for the Southern District of New York, et al. |
| Docketed: | October 29, 2018 |
| Linked with 18A350, 18A375, 18A455 | |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (18-2856, 18-2857) |
| Decision Date: | October 9, 2018 Rule 12.4 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Oct 03 2018 | Application (18A350) for a stay, submitted to Justice Ginsburg. |
| Main DocumentProof of Service | |
| Oct 05 2018 | Application (18A350) denied by Justice Ginsburg. The application is denied without prejudice, provided that the Court of Appeals will afford sufficient time for either party to seek relief in this Court before the depositions in question are taken. |
| Oct 09 2018 | Application (18A375) for a stay, submitted to Justice Ginsburg. |
| Main DocumentMain Document | |
| Oct 09 2018 | UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the orders of the United States District Court for the Southern District of New York, dated July 3, 2018, August 17, 2018, and September 21, 2018, are stayed pending receipt of a response, due on or before October 11, 2018, by 4 p.m., and further order of Justice Ginsburg or of the Court. |
| Oct 10 2018 | Letter of applicants received. |
| Oct 11 2018 | Response to application from respondent New York, et al. filed. |
| Main DocumentProof of Service | |
| Oct 11 2018 | Response to application from respondent New York Immigration Coalition, et al. filed. |
| Main DocumentMain Document | |
| Oct 12 2018 | Reply of applicants United States Department of Commerce, et al. filed. |
| Proof of ServiceReply | |
| Oct 12 2018 | Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Eagle Forum Education & Legal Defense Fund. |
| Main Document | |
| Oct 17 2018 | Motion for leave to file amicus brief filed by California. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 22 2018 | Application (18A375) referred to the Court. |
| Oct 22 2018 | The application for stay (18A375) presented to JUSTICE GINSBURG and by her referred to the Court is granted in part and denied in part. The application is granted as to the order of the United States District Court for the Southern District of New York dated September 21, 2018, which is stayed through October 29, 2018 at 4 p.m. The application is denied as to the orders of the United States District Court for the Southern District of New York dated July 3,2018 and August 17, 2018. If the applicants file a petition for a writ of certiorari or a petition for a writ of mandamus with respect to the stayed order by or before October 29, 2018 at 4 p.m., the stay will remain in effect until disposition of such petition by this Court. Should the petition be denied, this stay shall terminate automatically. In the event the petition is granted, the stay shall terminate upon the sending down of the judgment of this Court. The denial of the stay with respect to the remaining orders does not preclude the applicants from making arguments with respect to those orders. Justice Gorsuch, with whom Justice Thomas joins, concurs in part and dissents in part. (Detached opinion) |
| Oct 29 2018 | Petition for a writ of mandamus filed. (Response due November 28, 2018) |
| PetitionAppendixProof of Service | |
| Oct 29 2018 | Application (18A455) for a stay, submitted to Justice Ginsburg. |
| Main DocumentProof of Service | |
| Nov 02 2018 | Application (18A455) referred to the Court. |
| Nov 02 2018 | Application (18A455) denied by the Court. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application. |
| Nov 06 2018 | The respondents are directed to file a response to the petition on or before 5 p.m., Tuesday, November 13, 2018. Petitioners may file a reply brief on or before 2 p.m., Thursday, November 15, 2018. Amicus curiae briefs may be filed on or before 5 p.m., Tuesday, November 13, 2018. |
| Nov 13 2018 | Brief amicus curiae of State of California filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 13 2018 | Brief amicus curiae of Public Interest Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 13 2018 | Brief of respondents New York Immigration Coalition, et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 13 2018 | Brief of respondents State of New York, et al. and Other Government Plaintiffs in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 15 2018 | Reply of petitioners Department of Commerce, et al. filed. |
| Main DocumentProof of Service | |
| Nov 16 2018 | The petition for a writ of mandamus is treated as a petition for a writ of certiorari. The petition for certiorari is GRANTED. Petitioners' brief on the merits is to be filed on or before Monday, December 17, 2018. Respondents' brief on the merits is to be filed on or before Thursday, January 17, 2019. The reply brief is to be filed on or before Monday, February 4, 2019. The case is set for oral argument on Tuesday, February 19, 2019. |
| Nov 26 2018 | Letter of petitioners filed. |
| Main Document | |
| Dec 12 2018 | Motion of petitioners for an extension of time to file the joint appendix filed. |
| Main Document | |
| Dec 14 2018 | Motion to extend the time to file the joint appendix is granted and the time is extended to and including January 4, 2019. |
| Dec 17 2018 | Brief of petitioners Department of Commerce, et al. filed. |
| Proof of ServiceMain Document | |
| Dec 20 2018 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 21 2018 | SET FOR ARGUMENT on Tuesday, February 19, 2019. |
| Dec 21 2018 | Brief amici curiae of State of Oklahoma, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 24 2018 | Brief amicus curiae of Public Interest Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 04 2019 | Joint appendix filed. |
| Proof of ServiceMain Document | |
| Jan 11 2019 | Record requested from the U.S.C.A. 2nd Circuit. |
| Jan 14 2019 | Record request from the U.S.C.A. 2nd Circuit is electronic. |
| Jan 15 2019 | CIRCULATED |
| Jan 17 2019 | Brief of respondents New York Immigration Coalition, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 17 2019 | Joint motion of respondents to dismiss as improvidently granted filed. (Distributed) |
| Main DocumentProof of Service | |
| Jan 17 2019 | Brief of respondents State of New York, et al. filed (with 1 vol. appendix). (Distributed) |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Jan 18 2019 | This case is REMOVED FROM THE ARGUMENT CALENDAR for Tuesday, February 19, 2019. The briefing schedule is suspended pending further order of the Court. |
| Jan 22 2019 | Petitioners' response to motion to dismiss as improvidently granted filed. (Distributed) |
| Proof of ServiceMain Document | |
| Jan 29 2019 | Reply of respondents to response to motion to dismiss as improvidently granted filed. (Distributed) |
| Main DocumentProof of Service | |
| Jan 30 2019 | Motion DISTRIBUTED for Conference of 2/15/2019. |
| Jun 26 2019 | DISTRIBUTED for Conference of 6/27/2019. |
| Jun 28 2019 | The case is remanded to the United States Court of Appeals for the Second Circuit with instructions to vacate that court's orders dated September 25, 2018 and October 9, 2018. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). |
| Jul 30 2019 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Department of Commerce, et al. | ||
| Attorneys for Respondents | ||
| John Arak Freedman Counsel of Record | Arnold & Porter Kaye Scholer, LLP 601 Mass. Ave., NW Washington, DC 20001 John.Freedman@arnoldporter.com | 202-942-5316 |
| Party name: New York Immigration Coalition, et al. | ||
| Barbara Dale Underwood Counsel of Record | Attorney General Office of the Attorney General 28 Liberty Street New York, NY 10005-1400 Barbara.underwood@ag.ny.gov | 212-416-8016 |
| Party name: State of New York, eighteen other States, fourteen other Governmental entities, and the U.S. Conference of Mayors | ||
| Other | ||
| Lawrence J. Joseph Counsel of Record | Law Office of Lawrence J. Joseph 1250 Connecticut Avenue, NW Suite 700-1A Washington, DC 20036 ljoseph@larryjoseph.com | 2023559452 |
| Party name: Eagle Forum Education & Legal Defense Fund | ||
| Mithun Mansinghani Counsel of Record | Solicitor General Office of the Oklahoma Attorney General 313 NE 21st Street Oklahoma City, OK 73105 mithun.mansinghani@oag.ok.gov | 405-522-4392 |
| Party name: State of Oklahoma | ||
| Michael James Mongan Counsel of Record | State of CA, Department of Justice 455 Golden Gate Ave., Suite 11000 San Francisco, CA 94102 michael.mongan@doj.ca.gov | (415) 510-3920 |
| Party name: State of California | ||
| Kaylan Lytle Phillips Counsel of Record | Public Interest Legal Foundation 32 E. Washington, Suite 1675 Indianapolis,, IN 46204 kphillips@publicinterestlegal.org | 3172035599 |
| Party name: Public Interest Legal Foundation | ||