Decided

No. 17-965

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

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Alito, and Gorsuch, JJ., joined. Kennedy, J., and Thomas, J., filed concurring opinions. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined.

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

Letter from amici curiae Pars Equality Center, et al., filed. (Distributed).

Argued. For petitioners: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For respondents: Neal K. Katyal, Washington, D. C.

Motion for leave to file amicus brief filed by David Boyle GRANTED.

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

Brief amici curiae of Constitutional Law Scholars in Support of Respondents filed. (Distributed)

Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER, with the exception of one document that is SEALED and electronic.

Motion of Former National Security Officials for leave to file amicus brief not accepted for filing. (April 04, 2018)

Brief amici curiae of Mickey Edwards and Einer R. Elhauge filed. (Distributed)

Brief amici curiae of Constitutional Law Scholars filed. (Distributed)

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

Brief amici curiae of National Association of Muslim Lawyers and Other Muslim Bar Associations filed. (Distributed)

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

Brief amici curiae of Immigration Law Scholars on the Text and Structure of the Immigration, and Nationality Act filed. (Distributed)

Record requested from the U.S.C.A. 9th Circuit.

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

Brief amici curiae of National Asian Pacific American Bar Association and Others filed. (Distributed)

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

Brief amici curiae of Janet A. Napolitano, et al. filed. (Distributed)

Brief amici curiae of The Association of Art Museum Directors, The American Alliance of Museums, The Association of Academic Museums and Galleries, The College Art Association of America, 112 Art Museums filed. (Distributed)

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

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

Brief amici curiae of Eblal Zakzok, et al. filed. (Distributed)

Brief amicus curiae of Interfaith Group of Religious and Interreligious Organizations filed (to be reprinted 3/30/18).

Brief amici curiae of Interfaith Group of Religious and Interreligious Organizations filed (corrected filing). (Distributed)

Brief amici curiae of International Refugee Assistance Project, et al. filed. (Distributed)

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

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

Brief amici curiae of PEN America, et al. filed. (Distributed)

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

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

Brief amici curiae of Episcopal Bishops filed. (Distributed)

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

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

Brief amici curiae of City of Chicago et al. filed. (Distributed)

Brief amici curiae of Federal Courts Scholars filed. (Distributed)

Brief amici curiae of U.S. Companies filed. (Distributed)

Brief amici curiae of Evan McMullin, Anne Applebaum, Max Boot, Linda Chavez, Eliot Cohen, Mindy Finn, Juleanna Glover, Norman Ornstein, Michael Steele, Charlie Sykes, and Jerry Taylor filed. (Distributed)

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

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

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

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

Brief amici curiae of States of New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, and Washington, and the District of Columbia filed. (Distributed)

Brief amici curiae of Professors of Federal Courts Jurisprudence, Constitutional Law, and Immigration Law filed. (Distributed)

Brief amici curiae of Pars Equality Center, Iranian American Bar Association, and Public Affairs Alliance of Iranian Americans, Inc. filed. (Distributed)

Brief amicus curiae of Plaintiffs in Iranian Alliances Across Borders v. Trump filed. (Distibuted)

Brief amici curiae of Karen Korematsu, Jay Hirabayashi, Holly Yasui, The Fred T. Korematsu Center for Law and Equality, Civil Rights Organizations, and National Bar Associations of Color filed. (Distributed)

Brief amici curiae of Anti-Defamation League, Jewish Council for Public Affairs, T'Ruah, Union for Reform Judaism, Central Conference of American Rabbis, and Women of Reform Judaism filed. (Distributed)

Brief amici curiae of Retired Generals and Admirals of the U.S. Armed Forces filed. (Distributed)

Brief amici curiae of American Counsel on Education and 32 Other Higher Education Associations filed. (Distributed)

Brief amici curiae of Muslim Justice League, Muslim Public Affairs Council, Islamic Circle of North America Council for Social Justice, MPower Change, Justice for Muslims Collective, and Partnership for Advancement of New Americans filed. (Distributed)

Brief amici curiae of Labor Organizations filed. (Distributed)

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

Brief amici curiae of National Immigrant Justice Center and The American Immigration Lawyers Association filed. (Distributed)

Brief amici curiae of National League of Cities, et al. filed. (Distributed)

Motion of Becket Fund for Religious Liberty in support of neither party for enlargement of time for oral argument and for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Association of American Medical Colleges and Others filed. (Distributed)

Brief amici curiae of 36 Appellate Lawyers filed. (Distributed)

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

Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed. (Corrected brief to be submitted and filed).

Brief amici curiae of William Webster, et al. filed. (Distributed)

Brief amici curiae of Immigration Equality and Others In Support of Respondents filed. (Distributed)

Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed. (Distributed)

Brief amicus curiae of Khizr Khan filed. (Distributed)

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

Brief amicus curiae of Becket Fund for Religious Liberty in Support of Neither Party filed. (Distributed)

Brief amici curiae of Scholars of Mormon History and Law in Support of Neither Party filed. (Distributed)

CIRCULATED

Brief amici curiae of Citizens United, et al. filed.

Brief amicus curiae of Immigration Reform Law Institute filed.

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

Brief amicus curiae of American Civil Rights Union filed.

Brief amicus curiae of Alliance Defending Freedom in support of neither party filed.

Brief amicus curiae of Southeastern Legal Foundation filed.

Brief amicus curiae of Zionist Organization of America filed.

Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.

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

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

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

Brief amicus curiae of Liberty, Life, and Law Foundation filed.

Brief amici curiae of National Security Experts filed.

Brief amicus curiae of Foundation for Moral Law filed.

Brief amici curiae of Christian Legal Society and National Association of Evangelicals in support of neither party filed.

SET FOR ARGUMENT on Wednesday, April 25, 2018.

Brief amicus curiae of Great Lakes Justice Center filed.

Joint appendix filed.

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

Application (17A824) granted by Justice Kennedy for leave to file the brief of petitioners, brief of respondents, and the reply brief on the merits in excess of the word limits.

Application (17A824) for leave to file the brief of petitioners, brief of respondents, and the reply brief on the merits in excess of the word limits, submitted to Justice Kennedy.

Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue Question 3 presented by the brief in opposition.

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

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

DISTRIBUTED for Conference of 1/19/2018.

Petition for a writ of certiorari filed. (Response due February 5, 2018)

Application (17A550) referred to the Court.

Application (17A550) granted by the Court. The application for a stay presented to Justice Kennedy and by him referred to the Court is granted, and the District Court’s October 20, 2017 order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment. In light of its decision to consider the case on an expedited basis, we expect that the Court of Appeals will render its decision with appropriate dispatch. Justice Ginsburg and Justice Sotomayor would deny the application.

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

Motion (17A550) for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by the State of New York, et al.

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

Motion (17A550) for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by the State of Texas, et al.

Response to application due on or before 12 p.m., Tuesday, November 28, 2017.

Application (17A550) for a stay pending appeal, submitted to Justice Kennedy.

Parties

Donald J. Trump, President of the United States, et al., Petitioner, represented by Noel J. Francisco

State of Hawaii, Respondent, represented by Neal Kumar Katyal

Amici Curiae

36 Appellate Lawyers, Amicus Curiae, represented by Charles Albert Bird

Alliance Defending Freedom, Amicus Curiae, represented by David Andrew Cortman

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

American Bar Association, Amicus Curiae, represented by Hilarie Bass

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

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

American Counsel on Education and 32 Other Higher Education Associations, Amicus Curiae, represented by Chad Ian Golder

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

Anti-Defamation League, Jewish Council for Public Affairs, T'Ruah, Union for Reform Judaism, Central Conference of American Rabbis, and Women of Reform Judaism, Amicus Curiae, represented by John Barney Harris

Association of American Medical Colleges and Others, Amicus Curiae, represented by Joshua David Rogaczewski

Becket Fund for Religious Liberty, Amicus Curiae, represented by Eric Christopher Rassbach

Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

CERTAIN IMMIGRANT RIGHTS ORGANIZATIONS, Amicus Curiae, represented by Alan Craig Turner

Christian Legal Society, National Association of Evangelicals, Amicus Curiae, represented by Kimberlee Wood Colby

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

City of Chicago et al., Amicus Curiae, represented by Benna Ruth Solomon

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 Ilya Somin

Constitutional Law Scholars in Support of Respondents, Amicus Curiae, represented by Roberta A Kaplan

David Boyle, Amicus Curiae, represented by David Christopher Boyle

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

Eblal Zakzok et al., Amicus Curiae, represented by Robert Alan Atkins

Episcopal Bishops, Amicus Curiae, represented by Michael Jacob Ewart

Evan McMullin, Anne Applebaum, Max Boot, Linda Chavez, Eliot Cohen, Mindy Finn, Juleanna Glover, Norman Ornstein, Michael Steele, Charlie Sykes, and Jerry Taylor, Amicus Curiae, represented by John Bellinger Bellinger III

Federal Courts Scholars, Amicus Curiae, represented by Matthew S. Hellman

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

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

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

FREEDOM FROM RELIGION FOUNDATION, Amicus Curiae, represented by Rebecca Susan Markert

Great Lakes Justice Center, Amicus Curiae, represented by William Wagner

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

Immigration, Family, and Constitutional Law Professors, Amicus Curiae, represented by Robert Andrew Wiygul

Immigration Law Scholars, Amicus Curiae, represented by Fatma Essam Marouf

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

Interfaith Group of Religious and Interreligious Organizations, Amicus Curiae, represented by Joseph Russell Palmore

International Law Scholars and Nongovernmental Organizations, Amicus Curiae, represented by Bruce V. Spiva

International Refugee Assistance Project, et al., Amicus Curiae, represented by Omar Cassim Jadwat

JANET A. NAPOLITANO et al., Amicus Curiae, represented by Michael Julian Gottlieb

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

Karen Korematsu, Jay Hirabayashi, Holly Yasui, The Fred T. Korematsu Center for Law and Equality, Civil Rights Organizations, and National Bar Associations of Color, Amicus Curiae, represented by Pratik Arvind Shah

Labor Organizations, Amicus Curiae, represented by Barbara Jane Chisholm

Liberty, Life, and Law Foundation, Amicus Curiae, represented by Deborah Dewart

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

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

Mickey Edwards and Einer R. Elhauge, Amicus Curiae, represented by Tadhg Aodh Joseph Dooley

Muslim Justice League, Muslim Public Affairs Council, Islamic Circle of North America Council for Social Justice, MPower Change, Justice for Muslims Collective, and Partnership for Advancement of New Americans, Amicus Curiae, represented by Benjamin Gross Shatz

National Asian Pacific American Bar Association and Others, Amicus Curiae, represented by James Wayne Kim

National Association of Muslim Lawyers and Other Muslim Bar Associations, Amicus Curiae, represented by Adeel Abdullah Mangi

National Immigrant Justice Center and The American Immigration Lawyers Association, Amicus Curiae, represented by Robert N. Hochman

National League of Cities, et al., Amicus Curiae, represented by Stuart Banner

National Security Experts, Amicus Curiae, represented by David Eliezer Yerushalmi

NEW YORK UNIVERSITY, Amicus Curiae, represented by Steven E. Obus

Pars Equality Center, Iranian American Bar Association, and Public Affairs Alliance of Iranian Americans, Inc., Amicus Curiae, represented by Lisa Schiavo Blatt

PEN America, et al., Amicus Curiae, represented by Robert Lawrence Corn-Revere

Plaintiffs in Iranian Alliances Across Borders v. Trump, Amicus Curiae, represented by Richard Brian Katskee

Professors of Federal Courts Jurisprudence, Constitutional Law, and Immigration Law, Amicus Curiae, represented by Meir Feder

Retired Generals and Admirals of the U.S. Armed Forces, Amicus Curiae, represented by Carl Jonas Micarelli

Scholars of Immigration Law, Amicus Curiae, represented by Alan Evan Schoenfeld

Scholars of Mormon History and Law, Amicus Curiae, represented by Anna-Rose Mathieson

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

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

States of New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, and Washington, and the District of Columbia, Amicus Curiae, represented by Barbara Dale Underwood

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

The Association of Art Museum Directors, The American Alliance of Museums, The Association of Academic Museums and Galleries, The College Art Association of America, 112 Art Museums, Amicus Curiae, represented by Sharon Katz

The Cato Institute, Amicus Curiae, represented by David Yury Livshiz

The Roderick & Solange MacArthur Justice Center, Amicus Curiae, represented by Amir H. Ali

United States Conference of Catholic Bishops, et al., Amicus Curiae, represented by Theodore J. Boutrous Jr.

U.S. Companies, Amicus Curiae, represented by Andrew John Pincus

William Webster, John Danforth, Peter Keisler, Carter Phillips, Brackett Denniston, Michael Castle, Ray LaHood, Connie Morella, Christopher Shays, Christine Todd Whitman, Stanley Twardy, and Richard Bernstein, Amicus Curiae, represented by Richard Douglas Bernstein

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

 
Last updated: December 10, 2018