Petition Filed

No. 16-1540

Donald J. Trump, President of the United States, et al. v. Hawaii, et al.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

We granted certiorari in this case to resolve a challenge to the temporary suspension of entry of aliens and refugees under Section 2(c) and Section 6 of Executive Order No. 13,780. Because those provisions of the Order have “expired by [their] own terms,” 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 Ninth 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. .

Letter of petitioners filed. VIDED. (Distributed)

Letter of respondents Hawaii, et al. filed. (Distributed)

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

Supplemental brief of respondents Hawaii, et al. filed. (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

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

Brief amici curiae of States of New York, et al., 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 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 Constitutional Law Scholars Gabriel "Jack" chin, et al. filed. VIDED. (Distributed)

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

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

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

Brief amici curiae of Howard University Scool 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 Interreligious 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 Scholars of Federal Jurisdiction 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 Episcopal Bishops filed. VIDED. (Distributed)

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

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

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

Brief amicus curiae of Khizr Khan filed. VIDED. (Distributed)

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

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

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

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

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

Reply of applicants Trump, President of U.S., et al. filed.

Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by International Refugee Assistance Project and HIAS, Inc.

Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by U.S. Committee for Refugees and Immigrants.

Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Lutheran Immigration and Refugee Service, et al.

Motion for leave to file amicus brief filed by United States Conference of Catholic Bishops

Application (17A275) referred to the Court.

The application for stay of mandate presented to Justice Kennedy and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 17-16426 is stayed with respect to refugees covered by a formal assurance, pending further order of this Court.

Response to application from respondents Hawaii, et al. filed.

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

IT IS ORDERED that the mandate of the United States Court of Appeals for the Ninth Circuit, case No. 17-16426, is hereby stayed with respect to refugees covered by a formal assurance, pending receipt of a response, due on or before Tuesday, September 12, 2017, by 12 p.m., and further order of the undersigned or of the Court.

Brief of respondents Hawaii, et al. filed. (Distributed)

Application (17A275) for a stay of mandate.

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

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 The Roderick and Solange MacArthur Justice Center filed. VIDED. (Distributed)

Reply in support of motion to add John Doe as a party filed by respondents Hawaii, et al.

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)

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

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

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

Response to motion to add John Doe as a party filed by petitioners Trump, President of U.S., et al.

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.

Motion to add John Doe as a party filed by respondents Hawaii, et al.

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 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.

Letter of respondents Hawaii, et al. received. (Distributed)

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

The Government’s motion seeking clarification of our order of June 26, 2017, is denied. The District Court order modifying the preliminary injunction with respect to refugees covered by a formal assurance is stayed pending resolution of the Government’s appeal to the Court of Appeals for the Ninth Circuit. Justice Thomas, Justice Alito, and Justice Gorsuch would have stayed the District Court order in its entirety.

Reply of petitioners Donald J. Trump, President of the United States, et al. on motion for clarification filed.

Motion for leave to file amici curiae brief of States of New York, et al. in opposition to motion for clarification filed. (Distributed)

Motion for leave to file amici curiae brief of The International Refugee Assistance Project, et al. in opposition to motion for clarification filed. (Distributed)

Motion for leave to file amici curiae brief of Members of Congress in opposition to motion for clarification filed. (Distributed)

Motion for leave to file amici curiae brief of Law Professors in opposition to motion for clarification filed. (Distributed)

Motion for leave to file amici curiae brief of Former National Security Officials in opposition to motion for clarification filed. (Distributed)

Response to motion for clarification from respondents Hawaii, et al. filed.

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

Response to motion for clarification due on or before 12 p.m., Tuesday, July 18, 2017.

Motion for clarification filed by petitioners Donald J. Trump, President of the United States, et al.

Petition for a writ of certiorari filed.

Application (16A1191) and application (16A1190) 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.

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

Response to supplemental brief of respondents Hawaii, et al. filed.

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

In consideration of the June 13, 2017 letters received from applicants and respondents, applicants are directed to file a supplemental brief on or before 3 p.m., Thursday, June 15, 2017. Respondents are directed to file a response on or before 12 p.m., Tuesday, June 20, 2017. Applicants are directed to file a reply on or before 12 p.m., Wednesday, June 21, 2017.

Letter of respondents Hawaii, et al. received. (Distributed)

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

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

Response to application from respondents Hawaii, et al. filed.

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

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

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

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 Eagle Forum Education & Legal Defense Fund, Inc. in support of petitioners.

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

Motion for leave to file amicus brief filed by American Center for Law and Justice.

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

Application (16A1191) referred to the Court.

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

Application (16A1191) for a stay pending appeal, submitted to Justice Kennedy.

Parties

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

Int'l Refugee Assistance Project, 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

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

American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

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

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

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

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 American Medical Colleges and Others, in support of respondents, Amicus Curiae, represented by Joshua David Rogaczewski

Cato Institute, Amicus Curiae, represented by David Yury Livshiz

Civil Rights Organizations, Amicus Curiae, represented by Lynne Bernabei

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

Constitutional Law Scholars, Amicus Curiae, represented by Roberta A. Kaplan

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

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

David Boyle, Amicus Curiae, represented by David Christopher Boyle

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

Episcopal Bishops, Amicus Curiae, represented by Michael Ramsey Scott

Former National Security Officials, Amicus Curiae, represented by Harold Hongju Koh

Former National Security Officials, Amicus Curiae, represented by Harold Hongju Koh

Foundation for the Children of Ian, Amicus Curiae, represented by Kevin Paul Martin

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

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

Howard University Scool 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

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

Interfaith Group of Religious and Interreligious Organizations, Amicus Curiae, represented by Marc A. Hearron

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

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

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

KARAMAH, Amicus Curiae, represented by Daniel L. Brown

Khizr Khan, Amicus Curiae, represented by John W Keker

Law Professors, Amicus Curiae, represented by Mark A. Aronchick

Lutheran Immigration and Refugee Service and Foster Parents, Amicus Curiae, represented by Matthew D. Slater

Members of Congress, Amicus Curiae, represented by Peter Karanjia

Members of Congress, Amicus Curiae, represented by Brianne Jenna Gorod

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

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

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

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

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

Professors of Federal Courts, et al., Amicus Curiae, represented by Fred Anthony Rowley

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

Social Science Scholars, Amicus Curiae, represented by Aziz Huq

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

Syrian Asylee Ahmed 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 Keller

The Becket Fund for Religious Liberty, Amicus Curiae, represented by Mark L. Rienzi

The International Refugee Assistance Project, et al., Amicus Curiae, represented by Mariko Hirose

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

The States of Virginia, et al., Amicus Curiae, represented by Stuart A. Raphael

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

 
Last updated: November 20, 2017