No. 18-589
Vide 18-587, 18-588
Title:Chad Wolf, Acting Secretary of Homeland Security, et al., Petitioners
v.
Martin Jonathan Batalla Vidal, et al.
Docketed:November 5, 2018
Lower Ct:United States Court of Appeals for the Second Circuit
   Case Numbers:(18-122, 18-1313)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Nov 05 2018Petition for a writ of certiorari before judgment filed. (Response due December 5, 2018)
PetitionAppendixProof of ServiceOther
Nov 23 2018Letter of State of New York et al. (State Respondents) not accepted for filing. (November 26, 2018)
Nov 23 2018Letter of State of New York et al. (State Respondents) not accepted for filing. (November 26, 2018)
Nov 23 2018Letter from State of New York, et al. received.
Main Document
Nov 27 2018Letter of November 27, 2018 from the Solicitor General with respect to corrected supplemental brief of petitioners filed in case No. 18-587 filed. (11/28/2018)
Main Document
Nov 30 2018Motion to extend the time to file a response from December 5, 2018 to December 17, 2018, submitted to The Clerk.
Main Document
Dec 03 2018Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2018, for all respondents.
Dec 06 2018Brief amici curiae of The States of Texas, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Dec 06 2018Brief amici curiae of Citizens United, Citizens United Foundation, English First Foundation, Public Advocate of the U.S., The Senior Citizens League, 60 Plus Foundation, Gun Owners of America, Gun Owners Foundation, Conservative Legal Defense and Education Fund, Patriotic Vete filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Dec 17 2018Brief of respondents Martin Jonathan Batalla Vidal, et al. (non-State Respondents) in opposition filed.
Main DocumentCertificate of Word CountProof of Service
Dec 17 2018Brief of respondents State of New York et al. (State Respondents) in opposition filed.
Main DocumentCertificate of Word CountProof of Service
Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
Dec 26 2018Letter waiving the 14-day waiting period under Rule 15.5 filed.
Main Document
Jan 04 2019Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)
Main DocumentCertificate of Word Count
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Jun 10 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019Petition for a writ of certiorari before judgment GRANTED. The petition for a writ of certiorari in No. 18-587 and the petition for a writ of certiorari before judgment in No. 18-588 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jul 01 2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-587. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-587. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jul 08 2019SET FOR ARGUMENT on Tuesday, November 12, 2019. VIDED
Sep 03 2019CIRCULATED
Sep 16 2019Record requested from the U.S.C.A. 2nd Circuit.
Sep 16 2019Record received from the U.S.C.A. 2nd Circuit is electronic.
Sep 23 2019Record received from the U.S.D.C. Eastern District of New York. The record is electronic.
Nov 12 2019Argued. For petitioners: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For private respondents: Theodore B. Olson, Washington, D. C. For state respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal. VIDED.
Mar 27 2020Letter from counsel for Martin Jonathan Batalla Vidal, et al. (non-State Respondents) not accepted for filing (March 30, 2020 - improper submission per Rule 25.6).
Jun 18 2020February 13, 2018 order VACATED, November 9, 2017 order AFFIRMED IN PART, March 29, 2018 order REVERSED IN PART, and CASE REMANDED (No. 18-587 is Vacated in Part, Reversed in Part, and Remanded, and No. 18-588 is Affirmed and Remanded). Roberts, C. J., delivered the opinion of the Court, except as to Part IV. Ginsburg, Breyer, and Kagan, JJ., joined that opinion in full, and Sotomayor, J., joined as to all but Part IV. Sotomayor, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Alito and Gorsuch, JJ., joined. Alito, J., and Kavanaugh, J., filed opinions concurring in the judgment in part and dissenting in part. VIDED.
Jul 20 2020JUDGMENT ISSUED.

NAMEADDRESSPHONE
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: Chad Wolf, Acting Secretary of Homeland Security, et al.
Attorneys for Respondents
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 et al. (State Respondents)
Michael J. Wishnie
    Counsel of Record
Jerome N. Frank Legal Services Organization
P.O. Box 209090
New Haven, CT 06520-9090

michael.wishnie@yale.edu
203-436-4780
Party name: Martin Jonathan Batalla Vidal, et al. (non-State Respondents)
Other
Albert Quoc Giang
    Counsel of Record
Boies Schiller Flexner LLP
725 South Figueroa Street
Los Angeles, CA 90017

agiang@bsfllp.com
2136299040
Party name: Former Homeland Security and Immigration Officials
Peter Karanjia
    Counsel of Record
DLA Piper LLP (US)
500 Eighth Street, NW
Washington, DC 20004

peter.karanjia@dlapiper.com
202-799-4000
Party name: United We Dream and 50 Organizations
Harry Lee
    Counsel of Record
Steptoe & Johnson
1330 Connecticut Ave., NW
Washington, DC 20036-0000

hlee@steptoe.com
2024298112
Party name: IMMIGRATION LAW SCHOLARS
Alice Margaret O'Brien
    Counsel of Record
National Education Association
1201 16th Street, NW
Washington, DC 20036

aobrien@nea.org
202 822 7048
Party name: National Education Association and National PTA
Kyle Douglas Hawkins
    Counsel of Record
Office of the Attorney General
P.O. Box 12548 (MC 059)
Austin, TX 78711-2548

kyle.hawkins@oag.texas.gov
5129361700
Party name: THE STATES OF TEXAS, ALABAMA, ARIZONA, ARKANSAS, FLORIDA, LOUISIANA, NEBRASKA, SOUTH CAROLINA, AND WEST VIRGINIA, AND GOVERNOR PHIL BRYANT OF THE STATE OF MISSISSIPPI
William Jeffrey Olson
    Counsel of Record
William J. Olson, P.C.
370 Maple Ave. W., Suite 4
Vienna, VA 22180

wjo@mindspring.com
7033565070
Party name: Citizens United, Citizens United Foundation, English First Foundation, Public Advocate of the U.S., The Senior Citizens League, 60 Plus Foundation, Gun Owners of America, Gun Owners Foundation, Conservative Legal Defense and Education Fund, Patriotic Veterans, Policy Analysis Center, and Restoring Liberty Action Committee