Argued

No. 18-589

Chad Wolf, Acting Secretary of Homeland Security, et al. v. Martin Jonathan Batalla Vidal, et al.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

February 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.

Letter 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).

Letter to the Court of Martin Jonathan Batalla Vidal, et al. (non-State Respondents) submitted.

Argued. 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.

Reply of Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. submitted.

Amicus brief of Former Homeland Security and Immigration Officials submitted.

Amicus brief of IMMIGRATION LAW SCHOLARS submitted.

Amicus brief of National Education Association and National PTA submitted.

Amicus brief of United We Dream and 50 Organizations submitted.

Record received from the U.S.D.C. Eastern District of New York. The record is electronic.

Record requested from the U.S.C.A. 2nd Circuit.

Record received from the U.S.C.A. 2nd Circuit is electronic.

CIRCULATED

Blanket Consent filed by Respondents, Martin Jonathan Batalla Vidal, et al. (non-State Respondents) VIDED

Consent to the filing of amicus briefs received from counsel for Martin Jonathan Batalla Vidal, et al. (non-State Respondents) submitted.

Motion of Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. for an extension of time submitted.

SET FOR ARGUMENT on Tuesday, November 12, 2019. VIDED

Because 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.”

Petition 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.

DISTRIBUTED for Conference of 6/27/2019.

DISTRIBUTED for Conference of 6/20/2019.

DISTRIBUTED for Conference of 6/13/2019.

DISTRIBUTED for Conference of 1/18/2019.

Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)

Reply of Kirstjen M. Nielsen, Secretary of Homeland Security, et al. submitted.

DISTRIBUTED for Conference of 1/11/2019.

Letter waiving the 14-day waiting period under Rule 15.5 filed.

Letter of Kirstjen M. Nielsen, Secretary of Homeland Security, et al. submitted.

Brief of State of New York et al. (State Respondents) in opposition submitted.

Brief of respondents State of New York et al. (State Respondents) in opposition filed.

Brief of respondents Martin Jonathan Batalla Vidal, et al. (non-State Respondents) in opposition filed.

Brief of Martin Jonathan Batalla Vidal, et al. (non-State Respondents) in opposition submitted.

Amicus brief of THE STATES OF TEXAS, ALABAMA, ARIZONA, ARKANSAS, FLORIDA, LOUISIANA, NEBRASKA, SOUTH CAROLINA, AND WEST VIRGINIA, AND GOVERNOR PHIL BRYANT OF THE STATE OF MISSISSIPPI submitted.

Brief 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.

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

Amicus brief 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 Veterans, Policy Analysis Center, and Restoring Liberty Action Committee submitted.

Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2018, for all respondents.

Motion to extend the time to file a response from December 5, 2018 to December 17, 2018, submitted to The Clerk.

Letter 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)

Letter of November 27, 2018 from the Solicitor General with respect to corrected supplemental brief of petitioners filed. (11/28/2018)

Letter of State of New York et al. (State Respondents) not accepted for filing. (November 26, 2018)

Letter of State of New York et al. (State Respondents) submitted.

Letter from State of New York, et al. received.

Petition for a writ of certiorari before judgment filed. (Response due December 5, 2018)

Parties

Chad Wolf, Acting Secretary of Homeland Security, et al., Petitioner, represented by Noel J. Francisco

Kevin K. McAleenan, Acting Secretary of Homeland Security, et al., Petitioner, represented by Noel J. Francisco

Kirstjen M. Nielsen, Secretary of Homeland Security, et al., Petitioner, represented by Noel J. Francisco

Martin Jonathan Batalla Vidal, et al. (non-State Respondents), Respondent, represented by Michael J. Wishnie

State of New York et al. (State Respondents), Respondent, represented by Barbara Dale Underwood

Amici Curiae

Former Homeland Security and Immigration Officials, Amicus Curiae, represented by Albert Quoc Giang

IMMIGRATION LAW SCHOLARS, Amicus Curiae, represented by Harry Lee

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

THE STATES OF TEXAS, ALABAMA, ARIZONA, ARKANSAS, FLORIDA, LOUISIANA, NEBRASKA, SOUTH CAROLINA, AND WEST VIRGINIA, AND GOVERNOR PHIL BRYANT OF THE STATE OF MISSISSIPPI, Amicus Curiae, represented by Kyle Douglas Hawkins

United We Dream and 50 Organizations, Amicus Curiae, represented by Peter Karanjia

 
Last updated: October 4, 2019