Decided

No. 16-1436

Donald J. Trump, President of the United States, et al. v. International Refugee Assistance Project, et al.

from the United States Court of Appeals for the Fourth Circuit

See other cases from the Fourth Circuit.

Docket Entries

JUDGMENT ISSUED.

Letter of petitioners filed. VIDED. (Distributed)

We granted certiorari in this case to resolve a challenge to “the temporary suspension of entry of aliens abroad under Section 2(c) of Executive Order No. 13,780.” Because that provision of the Order “expired by its own terms” on September 24, 2017, the appeal no longer presents a “live case or controversy.” Burke v. Barnes, 479 U. S. 361, 363 (1987). Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss as moot the challenge to Executive Order No. 13,780. United States v. Munsingwear, Inc., 340 U. S. 36, 39 (1950). We express no view on the merits. Justice Sotomayor dissents from the order vacating the judgment below and would dismiss the writ of certiorari as improvidently granted. .

Supplemental brief of respondents Int'l Refugee Assistance, et al. filed. (Distributed)

Supplemental brief of petitioners Trump, President of U.S., et al. filed. VIDED. (Distributed)

Reply of petitioners Donald J. Trump, President of United States, et al. filed. VIDED. (Distributed)

The parties are directed to file letter briefs addressing whether, or to what extent, the Proclamation issued on September 24, 2017, may render cases No. 16-1436 and 16-1540 moot. The parties should also address whether, or to what extent, the scheduled expiration of Sections 6(a) and 6(b) of Executive Order No. 13780 may render those aspects of case No. 16-1540 moot. The briefs, limited to 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before noon, Thursday, October 5, 2017. The cases are removed from the oral argument calendar, pending further order of the Court. VIDED

Letter of petitioners Donald J. Trump, President of the United States, et al. received. (Distributed). VIDED

Response to motion of respondents to add Mohamad Mashta and Grannaz Amirjamshidi as parties filed from petitioners Trump, President of U.S., et al. filed.

Brief amici curiae of Janet A. Napolitano and other Former Federal Immigration Officials filed. VIDED. (Distributed)

Brief amici curiae of Howard University School of Law Civil Rights Clinic, et al. filed. VIDED. (Distributed)

Brief amici curiae of Hussam Ayloush, et al. filed. VIDED. (Distributed)

Brief amici curiae of Advocates for Human Rights, et al. filed. VIDED. (Distributed)

Brief amicus curiae of New York University filed. VIDED. (Distributed)

Brief amici curiae of The National Asian Pacific American Bar Association, et al. filed. VIDED. (Distributed)

Brief amici curiae of Immigration Law Scholars filed. VIDED. (Distributed)

Brief amicus curiae of National Education Association filed. VIDED. (Distributed)

Brief amicus curiae of Syrian Asylee Ahmad M. filed. VIDED. (Distributed)

Brief amici curiae of Interfaith Group of Religious and Interreligous Organizations filed. VIDED. (Distributed)

Brief amici curiae of Refugee Organizations filed. VIDED. (Distributed)

Brief amici curiae of Executive Branch Officials filed. VIDED. (Distributed)

Brief amici curiae of Certain Immigrant Rights Organizations filed. VIDED. (Distributed)

Brief amici curiae of The Association of American Medical Colleges, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Massachusetts Technology Leadership Council, Inc. filed. VIDED. (Distributed)

Brief amicus curiae of American Bar Association filed. VIDED. (Distributed)

Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. (Distributed)

Brief amici curiae of Former National Security Officials filed. VIDED. (Distributed)

Brief amici curiae of Immigration Equality, et al. filed. VIDED. (Distributed)

Brief amici curiae of Human Rights First, et al. filed. VIDED. (Distributed)

Brief amici curiae of Muslim Justice League, et al. filed. VIDED. (Distributed)

Brief amici curiae of American Council on Education, et al. filed. VIDED. (Distributed)

Brief amici curiae of Social Science Scholars filed. VIDED. (Distributed)

Brief amici curiae of PEN American Center, et al. filed. VIDED. (Distributed)

Brief amici curiae of Association of Art Museum Directors, et al. filed. VIDED. (Distributed)

Brief amicus curiae of International Lawyers for International Law filed. VIDED. (Distributed)

Brief amici curiae of Karen Korematsu, et al. filed. VIDED. (Distributed)

Brief amici curiae of 161 Technology Companies filed. VIDED. (Distributed)

Brief amicus curiae of American Professional Society on the Abuse of Children filed. VIDED. (Distributed)

Brief amici curiae of Immigration, Family, and Constitutional Law Professors filed. VIDED. (Distributed)

Brief amicus curiae of American-Arab Anti-Discrimination Committee filed. VIDED. (Distributed)

Brief amici curiae of Members of the Clergy, et al. filed. VIDED. (Distributed)

Brief amici curiae of Colleges and Universities filed. VIDED. (Distributed)

Brief amici curiae of Members of Congress filed. VIDED. (Distributed)

Brief amicus curiae of Port of Seattle filed. VIDED. (Distributed)

Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. (Distributed)

Brief amici curiae of Tahirih Justice Center, et al. filed. VIDED. (Distributed)

Brief amici curiae of Pars Equality Center, et al. filed. VIDED. (Distributed)

Brief amici curiae of Constitutional Law Scholars Corey Brettschneider, et al. filed. VIDED. (Distributed)

Brief amici curiae of The Foundation for the Children of Iran, et al. filed. VIDED. (Distributed)

Brief amici curiae of Professors of Federal Courts Jurisprudence, et al. filed. VIDED. (Distributed)

Brief amici curiae of States of New York, et al., filed. VIDED. (Distributed)

Brief amici curiae of Scholars of Federal Jurisdiction filed. VIDED. (Distributed)

Brief amici curiae of Constitutional Law Scholars Gabriel "Jack" Chin, et al. filed. VIDED. (Distributed)

Brief amici curiae of International Labor Organizations filed. VIDED. (Distributed)

Brief amici curiae of Episcopal Bishops filed. VIDED. (Distributed)

Brief amicus curiae of KARAMAH filed. VIDED. (Distributed)

Brief amicus curiae of American Jewish Committee filed. VIDED. (Distributed)

Brief amici curiae of 37 Appellate Lawyers filed. VIDED. (Distributed)

Brief amicus curiae of Japanese American Citizens League filed. VIDED. (Distributed)

Brief amici curiae of Anti-Defamation League, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Decalogue Society of Lawyers filed. (Distributed)

Brief amicus curiae of David Boyle filed. VIDED. (Distributed)

Brief amici curiae of Civil Rights Organizations filed. VIDED. (Distributed)

Brief amicus curiae of Freedom from Religion Foundation filed. VIDED. (Distributed)

Brief amici curiae of International Law Scholars and Nongovernmental Organizations filed. VIDED. (Distributed)

Brief of respondents Int'l Refugee Assistance, et al. filed. (Distributed)

Brief amicus curiae of Cato Institute filed. VIDED. (Distributed)

Motion to add Mohamad Mashta and Grannaz Amirjamshidi as parties filed by respondents Int'l Refugee Assistance, et al.

Brief amici curiae of Chicago, Los Angeles, et al. filed. VIDED. (Distributed)

Brief amicus curiae of National CIS Council 119 filed. VIDED. (Distributed)

Brief amicus curiae of T.A., a United States Citizen of Yemeni Descent filed. VIDED. (Distributed)

Brief amici curiae of Interfaith Coalition filed. VIDED. (Distributed)

Further consideration of the motion of respondents Hawaii, et al. to add John Doe as a party to 16-1540 is deferred to the hearing of the case on the merits. VIDED.

Brief amicus curiae of Roderick and Solange MacArthur Justice Center filed. VIDED. (Distributed)

Brief amici curiae of American Legislators in Support of Judicial Restraint filed. VIDED. (Distributed)

Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. (Distributed)

Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. (Distributed)

Brief amici curiae of Citizens United, et al. filed. VIDED. (Distributed)

Brief amici curiae of Scholars of Mormon History & Law in support of neither party filed. VIDED. (Distributed)

Brief amici curiae of National Security Experts Andrew C. McCarthy, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Zionist Organization of America filed. VIDED. (Distributed)

Brief amicus curiae of American Civil Rights Union filed. VIDED. (Distributed)

Brief amicus curiae of Becket Fund for Religious Liberty in support of neither party filed. VIDED. (Distributed)

Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED. (Distributed)

Brief amici curiae of Hardwired Global, et al. in support of neither party filed. VIDED. (Distributed)

Motion for leave to file amicus brief filed by Foundation for Moral Law. VIDED.

Brief amici curiae of Texas, et al. filed. VIDED. (Distributed)

Motion for enlargement of time for oral argument and for divided argument filed by respondents. VIDED.

Brief amicus curiae of American Center for Law and Justice filed. VIDED. (Distributed)

Brief amicus curiae of Professor Victor Williams filed. VIDED. (Distributed)

CIRCULATED..

Brief of petitioners Trump, President of U.S., et al. filed. VIDED.

Joint appendix filed (3 volumes). VIDED.

Brief amicus curiae of The Criminal Justice Legal Foundation in support of neither party filed. VIDED.

Brief amici curiae of Public Policy Legal Institute and Center for Competitive Politics in support of neither party filed. VIDED.

Record requested from the U.S.C.A. 4th Circuit.

Application (17A132) granted by The Chief Justice to file a consolidated petitioners' brief on the merits and a consolidated reply brief on the merits in excess of the word limits. VIDED.

Application (17A132) of Donald J. Trump, President of the United States, et al. to file a consolidated petitioners' brief on the merits and a consolidated reply brief on the merits in excess of the word limits, submitted to The Chief Justice. VIDED.

SET FOR ARGUMENT on Tuesday, October 10, 2017. VIDED.

Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the petitioners. VIDED

Motion for leave to file amicus brief filed by Citizens United, et al. GRANTED.

Motion for leave to file amicus brief filed by The Becket Fund for Religious Liberty GRANTED.

Motion for leave to file amicus brief filed by Constitutional Law Scholars GRANTED.

Motion for leave to file amicus brief filed by The States of New York, et al. GRANTED.

Motion for leave to file amicus brief filed by Immigration Reform Law Institute GRANTED.

Application (16A1190) and application (16A1191) are GRANTED IN PART. In addition, application (16A1191) is treated as a petition for a writ of certiorari. The petitions for writs of certiorari in 16-1436 and 16-1540 are GRANTED and the cases are consolidated for argument. In addition to the issues identified in the petitions, the parties are directed to address the following question: "Whether the challenges to Sec. 2(c) became moot on June 14, 2017." Justice Thomas, with whom Justice Alito and Justice Gorsuch join, concurring in part and dissenting in part. Opinion per curiam. (Detached Opinion). VIDED.

The due dates for the briefs on the merits in 16-1436 and 16-1540 are as provided for by Rule 25 of the Rules of this Court. VIDED.

Letter of petitioners Donald J. Trump, President of the United States, et al. received. (Distributed)

Letter of respondents International Refugee Assistance Project, et al. received. (Distributed)

Supplemental brief of respondents International Refugee Assistance Project, et al. filed.

Reply of petitioners Donald J. Trump, President of the United States, et al. filed.

Reply of applicants Donald J. Trump, President of the United States, et al. filed.

Motion (16A1190) for leave to file amici brief filed by Citizens United, et al.

Motion (16A1190, 16A1191) for leave to file amici brief filed by Constitutional law scholars in support respondents.

Motion for leave to file amici brief filed by Constitutional Law Scholars in support of respondents.

Motion for leave to file amicus brief filed by The Becket Fund for Religious Liberty in support of neither party.

Motion for leave to file amicus brief filed by Immigration Reform Law Institute.

Motion (16A1191) for leave to file amicus brief filed by American Professional Society on the Abuse of Children in support of respondents.

Motion (16A1190, 16A1191) for leave to file amici brief filed by The States of Virginia, et al.in opposition to the stay applications.

Motion (16A1190, 16A1191) for leave to file amicus brief filed by The Becket Fund for Religious Liberty in support of neither party.

Motion (16A1190, 16A1191) for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund, Inc. in support of petitioners.

Motion for leave to file amici brief filed by The States of New York, et al. in support of respondents.

Motion (16A1190, 16A1191) for leave to file amici brief by Former National Security Officials in support of respondents.

Motion (16A1190, 16A1191) for leave to file amici brief filed Former National Security Officials in support respondents.

Motion (16A1190, 16A1191) for leave to file amici brief filed by Interfaith Group of Religious and Interreligious Organizations.

Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed in support of petitioners.

Brief amicus curiae of Southeastern Legal Foundation filed.

Motion for leave to file amici brief filed by Citizens United, et al. in support of petitioners.

Response to application from respondents International Refugee Assistance Project, et al. filed.

Brief of respondents International Refugee Assistance Project, et al. in opposition filed.

Brief amicus curiae of David Boyle in support neither party filed.

Motion (16A1191) for leave to file amici brief filed by American Center for Law and Justice in support of petitioners.

Motion (16A1190, 16A1191) for leave to file amici brief filed by Association of American Medical Colleges and Others in support of respondents.

Brief amici curiae of Association of American Medical Colleges and Others in support of respondents filed.

Brief amicus curiae of American Center for Law and Justice in support of petitioners filed.

Brief amicus curiae of Susan Abeles in support of neither party filed.

Brief amicus curiae of T.A. in support of respondent filed.

Brief amici curiae of Public Policy Legal Institute, et al. filed.

Motion (16A1190) for leave to file amicus brief filed by American Center for Law and Justice in support of petitioners.

Brief amici curiae of The States of Texas, et al. filed.

Response to application due on or before 3 p.m., Monday, June 12, 2017.

The respondents are directed to file a response to the petition for a writ of certiorari on or before 3 p.m., Monday, June 12, 2017.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner.

Application (16A1190) referred to the Court.

Application (16A1190) for a stay pending the disposition of the petition for a writ of certiorari, submitted to The Chief Justice.

Petition for a writ of certiorari filed.

Parties

Hawaii, et al., Respondent, represented by Neal Kumar Katyal

Int'l Refugee Assistance, et al., Respondent, represented by Omar Cassim Jadwat

Amici Curiae

161 Technology Companies, Amicus Curiae, represented by Andrew John Pincus

37 Appellate Lawyers, Amicus Curiae, represented by Charles A. Bird

Advocates for Human Rights, et al., Amicus Curiae, represented by Alina Das

American-Arab Anti-Discrimination Committee, Amicus Curiae, represented by Christopher J. Wright

American Bar Association, Amicus Curiae, represented by Hilarie Bass

American Civil Rights Union, Amicus Curiae, represented by Kenneth Alan Klukowski

American Council on Education, et al., Amicus Curiae, represented by Chad Ian Golder

American Jewish Committee, Amicus Curiae, represented by Adam S. Lurie

American Legislators in Support of Judicial Restraint, Amicus Curiae, represented by Erin Elizabeth Mersino

American Professional Society on the Abuse of Children, Amicus Curiae, represented by Mary Kelly Persyn

Anti-Defamation League, et al., Amicus Curiae, represented by John B. Harris

Association of Art Museum Directors, et al., Amicus Curiae, represented by Antonio Jorge Perez-Marques

Bankruptcy Law Professors, et al., Amicus Curiae, represented by Jerrold Joseph Ganzfried

Becket Fund for Religious Liberty in support of neither party, Amicus Curiae, represented by Mark Leonard Rienzi

Cato Institute, Amicus Curiae, represented by David Yury Livshiz

Certain Immigrant Rights Organizations, Amicus Curiae, represented by Alan Craig Turner

Chicago, Los Angeles, et al., Amicus Curiae, represented by Benna Ruth Solomon

Citizens United, et al., Amicus Curiae, represented by William Jeffrey Olson

Citizens United, et al., Amicus Curiae, represented by Herbert W. Titus

Civil Rights Organizations, Amicus Curiae, represented by Lynne Bernabei

Colleges and Universities, Amicus Curiae, represented by Lindsay C. Harrison

Constitutional Law Scholars Corey Brettschneider, et al., Amicus Curiae, represented by Roberta A Kaplan

Constitutional Law Scholars Gabriel "Jack" Chin, et al., Amicus Curiae, represented by Ilya Somin

David Boyle, Amicus Curiae, represented by David Christopher Boyle

Decalogue Society of Lawyers, Amicus Curiae, represented by Jonathan David Lubin

Eagle Forum Education & Legal Defense Fund, Amicus Curiae, represented by Lawrence J. Joseph

Episcopal Bishops, Amicus Curiae, represented by Michael Ramsey Scott

Executive Branch Officials, Amicus Curiae, represented by Robert Mark Loeb

Federal Courts and Federal Indian Law Scholars, Amicus Curiae, represented by Ruthanne Mary Deutsch

Foundation for Moral Law, Amicus Curiae, represented by John Eidsmoe

Foundation for Moral Law, Amicus Curiae, represented by Matthew James Clark

Freedom from Religion Foundation, Amicus Curiae, represented by Rebecca Susan Markert

Hardwired Global, et al., Amicus Curiae, represented by Bruce D. Abramson

Howard University School of Law Civil Rights Clinic, et al., Amicus Curiae, represented by Darin Edward-Wesley Johnson

Human Rights First, et al., Amicus Curiae, represented by George Eric Brunstad

Hussam Ayloush, et al., Amicus Curiae, represented by Michael William Price

Immigration Equality, et al., Amicus Curiae, represented by Eric James Gorman

Immigration, Family, and Constitutional Law Professors, Amicus Curiae, represented by Mark A. Aronchick

Immigration Law Scholars, Amicus Curiae, represented by Deborah E. Anker

Immigration Reform Law Institute, Amicus Curiae, represented by Christopher J. Hajec

Interfaith Coalition, Amicus Curiae, represented by Robert Allen Long Jr.

Interfaith Group of Religious and Interreligous Organizations, Amicus Curiae, represented by Marc Andrew Hearron

International Labor Organizations, Amicus Curiae, represented by Deborah Lynn Smith

International Law Scholars and Nongovernmental Organizations, Amicus Curiae, represented by Aaron Xavier Fellmeth

International Lawyers for International Law, Amicus Curiae, represented by Curtis F. J. Doebbler

Janet A. Napolitano and other Former Federal Immigration Officials, Amicus Curiae, represented by Michael Julian Gottlieb

Japanese American Citizens League, Amicus Curiae, represented by Walter Dellinger

KARAMAH, Amicus Curiae, represented by Daniel L. Brown

Karen Korematsu, et al., Amicus Curiae, represented by Pratik Arvind Shah

Khizr Khan, Amicus Curiae, represented by John W Keker

Massachusetts Technology Leadership Council, Inc., Amicus Curiae, represented by Christopher Ryan Hart

Members of Congress, Amicus Curiae, represented by Peter Karanjia

Members of the Clergy, et al., Amicus Curiae, represented by Richard Brian Katskee

Muslim Justice League, et al., Amicus Curiae, represented by Benjamin Gross Shatz

NAACP Legal Defense & Educational Fund, Inc., Amicus Curiae, represented by Ajmel Ahsen Quereshi

National Association of Bankruptcy Trustees, Amicus Curiae, represented by Bradford Jay Sandler

National CIS Council 119, Amicus Curiae, represented by Muhammad Usman Faridi

National Congress of American Indians, Amicus Curiae, represented by Ethan G. Shenkman

National Education Association, Amicus Curiae, represented by Alice Margaret O'Brien

National Security Experts Andrew C. McCarthy, et al., Amicus Curiae, represented by David Eliezer Yerushalmi

New York University, Amicus Curiae, represented by Steven E. Obus

Pars Equality Center, et al., Amicus Curiae, represented by Lisa Schiavo Blatt

Pen American Center, et al., Amicus Curiae, represented by Robert Lawrence Corn-Revere

Port of Seattle, Amicus Curiae, represented by Ellyde Roko Thompson

Professors of Federal Courts Jurisprudence, Constitutional Law and Immigration Law, Amicus Curiae, represented by Fred Anthony Rowley

Professor Victor Williams, Amicus Curiae, represented by Victor Keith Williams

Public Policy Legal Institute and Center for Competitive Politics in support of neither party, Amicus Curiae, represented by Barnaby W. Zall

Refugee Organizations, Amicus Curiae, represented by Richard P. Bress

Roderick and Solange MacArthur Justice Center, Amicus Curiae, represented by Amir Hatem Mahdy Ali

Scholars of Federal Jurisdiction, Amicus Curiae, represented by Seth P. Waxman

Scholars of Mormon History & Law in support of neither party, Amicus Curiae, represented by Anna-Rose Mathieson

Social Science Scholars, Amicus Curiae, represented by Aziz Huq

Southeastern Legal Foundation, Amicus Curiae, represented by William Spencer Consovoy

States of New York, et al.,, Amicus Curiae, represented by Barbara Dale Underwood

Susan Abeles, Amicus Curiae, represented by Nathan Lewin

Syrian Asylee Ahmad M., Amicus Curiae, represented by Vincent Gregory Levy

T.A., a United States Citizen of Yemeni descent, Amicus Curiae, represented by Richard Douglas Bernstein

Tahirih Justice Center, et al., Amicus Curiae, represented by Scott Lewis Winkelman

Texas, et al., Amicus Curiae, represented by Scott A Keller

The Association of American Medical Colleges, et al., Amicus Curiae, represented by Joshua David Rogaczewski

The Criminal Justice Legal Foundation in support of neither party, Amicus Curiae, represented by Kent Stephen Scheidegger

The Foundation for the Children of Ian, et al., Amicus Curiae, represented by Kevin Paul Martin

The National Asian Pacific American Bar Association, et al., Amicus Curiae, represented by James Wayne Kim

United States Conference of Catholic Bishops, et al., Amicus Curiae, represented by Joshua Seth Lipshutz

U.S. House of Representatives, Amicus Curiae, represented by Thomas G. Hungar

Zionist Organization of America, Amicus Curiae, represented by Elizabeth Ann Berney

 
Last updated: November 20, 2017