Argued

No. 18-966

Department of Commerce, et al. v. New York, et al.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

Letter of respondents New York Immigration Coalition, et al. updating Court on related case and Census Bureau publication of New York Immigration Coalition, et al. submitted.

Petitioners' opposition to motion for limited remand filed. (Distributed)

Motion for limited remand filed by respondents New York Immigration Coalition, et al. (Distributed)

Letter of respondents New York Immigration Coalition, et al. notifying Court of reply filed in district court of (copy of reply attached) filed. (Distributed)

Letter of petitioners updating Court on district court proceedings (Government's response to motion attached) filed. (Distributed)

Letter of respondents New York Immigration Coalition, et al. notifying Court of new proceedings in the district court (proposed redacted motion attached) filed. (Distributed)

Argued. For petitioners: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For respondents New York, et al.: Barbara D. Underwood, Solicitor General, New York, N. Y. For respondents New York Immigration Coalition, et al.: Dale E. Ho, New York, N. Y. For United States House of Representatives, as amicus curiae: Douglas N. Letter, General Counsel, U. S. House of Representatives, Washington, D. C.

Reply of petitioners Department of Commerce, et al. filed. (Distributed)

Joint motion for enlargement of time for oral argument and for divided argument filed by respondents GRANTED in part and the time is divided as follows: 40 minutes for petitioners, 20 minutes for respondents New York, et al., 10 minutes for respondents New York Immigration Coalition, et al., and 10 minutes for amicus curiae United States House of Representatives.

Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Brief amici curiae of Legal Services NYC, et al. filed. (Distributed)

Brief amici curiae of Central Valley Immigrant Integration Collaborative, et al. filed. (Distributed)

Brief amici curiae of County of Santa Clara, et al. filed. (Distributed)

Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed)

Brief amicus curiae of California Legislature filed. (Distributed)

Brief amici curiae of National Council of Nonprofits, et al. filed. (Distributed)

Brief amici curiae of Nicholas Bagley, et al. filed. (Distributed)

Brief amici curiae of John R. Dunne, et al. filed. (Distributed)

Brief amici curiae of International Municipal Lawyers Association (IMLA) and the International City/County Management Association (ICMA) filed. (Distributed)

Brief amici curiae of City of San Jose and the Black Alliance for Just Immigration filed. (Distributed)

Brief amici curiae of Historians and Social Scientists Margo Anderson, et al. filed. (Distributed)

Brief amici curiae of Common Cause, et al. filed. (Distributed)

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

Brief of respondents New York Immigration Coalition, et al. filed. (Distributed)

Joint appendix of respondents filed (Volumes 2, 3 & 4). (Distributed)

Brief amici curiae of Former Federal District Judges filed. (Distributed)

Brief amici curiae of Foundations and Philanthropy-Serving Organizations filed. (Distributed)

Brief amici curiae of Former Census Bureau Directors filed. (Distributed)

Brief amici curiae of 190 Bipartisan Elected Officials, et al. filed. (Distributed)

Brief amici curiae of Lawyers for Civil Rights, et al. filed. (Distributed)

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

Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed. (Distributed)

Brief amicus curiae of The Council of the Great City Schools filed. (Distributed)

Certificate of Service filed with respect to brief of amicus curiae of Arab American Institute.

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

Brief amicus curiae of Arab American Institute filed. (Distributed)

Brief amici curiae of The Catholic Charities of the Archdiocese of New York, et al. filed. (Distributed)

Brief amicus curiae of United States House of Representatives filed. (Distributed)

Brief amicus curiae of The Nielsen Company (US), LLC filed. (Distributed)

Brief amici curiae of American Statistical Association, et al. filed. (Distributed)

Brief amici curiae of Plaintiffs in Kravitz et al. v. United States Department of Commerce et al., No. 18-1041 (D.MD) filed. (Distributed)

Proof of Service filed with respect to brief of amici Electronic Privacy Information Center (EPIC), et al..

Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)

Brief amici curiae of Current Members of Congress and Bipartisan Former Members of Congress filed. (Distributed)

Brief amicus curiae of State of California filed. (Distributed)

Brief of respondents New York, et al. (Government Plaintiffs-Respondents) filed. (Distributed)

Brief amici curiae of Norman Y. Mineta, et al. filed. (Distributed)

Brief amicus curiae of Natural Resources Defense Council filed. (Distributed)

Brief amici curiae of Businesses and Business Organizations filed. (Distributed)

Brief amici curiae of The National School Boards Association, et al. filed. (Distributed)

Record received from the U.S.D.C. Southern District of New York. The record is Sealed. (One Envelope).

Brief amici curiae of The KIPP Foundation, et al. filed. (Distributed)

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

CIRCULATED

Blanket consent filed by petitioners.

The parties are directed to brief and argue the following additional question: Whether the Secretary of Commerce’s decision to add a citizenship question to the Decennial Census violated the Enumeration Clause of the U.S. Constitution, art. I, §2, cl. 3. Respondents are allowed an additional 2,000 words in aggregate to address this question in their briefs on the merits. Petitioners are allowed an additional 1,000 words to address this question in their reply brief on the merits.

Joint letter of respondents in response to letter of Solicitor General filed. (Distributed)

Letter of petitioners updating Court on related case filed. (Distributed)

Joint motion for enlargement of time for oral argument and for divided argument, and response to motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument filed by respondents New York et al.

Brief amici curiae of Oklahoma, et al. filed.

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

Brief amici curiae of Judicial Watch and Allied Educational Foundation filed.

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

Brief amici curiae of Republican National Committee and the National Republican Congressional Committee filed.

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

Brief amicus curiae of Project on Fair Representation filed.

Joint appendix of petitioners filed (Volume 1).

Brief amicus curiae of Public Interest Legal Foundation filed.

Brief of petitioners Department of Commerce, et al. filed.

Brief amici curiae of Ronald A. Cass & Christopher C. DeMuth, Sr. filed.

Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.

Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument filed.

Blanket Consent filed by respondents New York Immigration Coalition, et al.

Blanket Consent filed by respondents New York, et al. (government respondents).

Letter of petitioners filed.

SET FOR ARGUMENT on Tuesday, April 23, 2019 (10 a.m.).

Petitioner's brief on the merits, and any amicus curiae briefs in support of petitioners or in support of neither party, are to be filed on or before Wednesday, March 6, 2019. Respondents' briefs on the merits, and any amicus curiae briefs in support of respondents, are to be filed on or before Monday, April 1, 2019. The reply brief on the merits is to be filed in accordance with Rule 25.3 of the Rules of this Court.

Joint letter of the parties proposing briefing schedule filed.

Petition for a writ of certiorari before judgment GRANTED. The case will be set for argument in the second week of the April argument session.

Reply of petitioners Department of Commerce, et al. filed. (Distributed)

Brief amicus curiae of Project on Fair Representation filed. (Distributed)

Brief of respondents New York Immigration Coalition, et al. in opposition filed. (Distributed)

Brief of respondents New York et al. (Government Plaintiffs-Respondents) in opposition filed. (Distributed)

DISTRIBUTED for Conference of 2/15/2019.

Brief amicus curiae of United States House of Representatives filed. (Distributed)

Brief amici curiae of Judicial Watch and AEF filed. (Distributed)

Brief amici curiae of Ronald A. Cass & Christopher C. DeMuth, Sr. filed. (Distributed)

Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)

Motion DISTRIBUTED for Conference of 2/15/2019.

Response to petitioners' motion to expedite from respondents New York, et al. (Government Plaintiffs-Respondents) filed.

Petition for a writ of certiorari before judgment filed. (Response due February 25, 2019)

Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.

Parties

Department of Commerce, et al., Petitioner, represented by Noel J. Francisco

New York Immigration Coalition, et al., Respondent, represented by Dale E. Ho

Amici Curiae

190 Bipartisan Elected Officials, et al., Amicus Curiae, represented by Robert Alan Atkins

American Statistical Association, et al., Amicus Curiae, represented by Ira M. Feinberg

Arab American Institute, Amicus Curiae, represented by Jason Carey Beekman

Businesses and Business Organizations, Amicus Curiae, represented by Stuart Frank Delery

California Legislature, Amicus Curiae, represented by Robin B. Johansen

Central Valley Immigrant Integration Collaborative, et al., Amicus Curiae, represented by Nicholas David Espiritu

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

City of San Jose; Black Alliance for Just Immigration, Amicus Curiae, represented by John F. Libby

Common Cause, Trevor Potter, Rep. Jody L. McNally, Justice Robert Orr (Ret.), Gil Ontai, and Peter Yao, Amicus Curiae, represented by Gregory L. Diskant

County of Santa Clara, Amicus Curiae, represented by Danielle Luce Goldstein

Current Members of Congress and Bipartisan Former Members of Congress, Amicus Curiae, represented by Brianne Jenna Gorod

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

Electronic Privacy Information Center, et al., Amicus Curiae, represented by Marc Rotenberg

Former Census Bureau Directors, Amicus Curiae, represented by Andrew John Pincus

Former Federal District Judges, Amicus Curiae, represented by Derek T. Ho

Foundations and Philanthropy-Serving Organizations, Amicus Curiae, represented by Edward A. Friedman

Harris County, Texas, Fort Bend County Judge KP George, in his individual capacity, and the City of Marfa, Texas, Amicus Curiae, represented by Susan Hays

Historians and Social Scientists Margo Anderson et al., Amicus Curiae, represented by Brian Adair Sutherland

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

International Municipal Lawyers Association (IMLA) and the International City/County Management Association (ICMA), Amicus Curiae, represented by John J. Korzen

John R. Dunne et al., Amicus Curiae, represented by Samuel Robert Bagenstos

Judicial Watch and AEF, Amicus Curiae, represented by Robert D. Popper

LatinoJustice PRLDEF and Fifteen Other Organizations, Amicus Curiae, represented by Ernesto Rafael Palomo

Lawyers for Civil Rights et al., Amicus Curiae, represented by Yalonda Taliss Howze

Leadership Conference on Civil and Human Rights, et. al., Amicus Curiae, represented by Alan Evan Schoenfeld

Legal Services NYC, et al., Amicus Curiae, represented by Gideon Alexander Schor

NAACP Legal Defense & Educational Fund, Inc., Amicus Curiae, represented by David Jacob Zimmer

National Asian Pacific American Bar Association, Asian American Legal Defense and Education Fund, et al., Amicus Curiae, represented by Albert Quoc Giang

National Council of Nonprofits, et al., Amicus Curiae, represented by Charles Timothy Delaney

Natural Resources Defense Council, Amicus Curiae, represented by Ian Michael Fein

Nicholas Bagley, Michael Dorf, Aziz Huq, Leah Litman, Gillian Metzger, Jon D. Michaels, Laurence H. Tribe, and Stephen I. Vladeck, Amicus Curiae, represented by Joshua Adam Matz

Norman Y. Mineta, The Sakamoto Sisters, The Council on American-Islamic Relations (National and New York, Inc.), and The Fred T. Korematsu Center for Law and Equality, Amicus Curiae, represented by Pratik Arvind Shah

Plaintiffs in Kravitz et al. v. United States Department of Commerce et al., Amicus Curiae, represented by P. Benjamin DeWitt Duke

Project on Fair Representation, Amicus Curiae, represented by William Spencer Consovoy

Public Interest Legal Foundation, Amicus Curiae, represented by Kaylan Lytle Phillips

Republican National Committee and National Republican Congressional Committee, Amicus Curiae, represented by Jason Brett Torchinsky

Ronald A. Cass & Christopher C. DeMuth, Sr., Amicus Curiae, represented by Ronald Andrew Cass

State of California, Amicus Curiae, represented by Michael James Mongan

State of Oklahoma, Amicus Curiae, represented by Mithun Mansinghani

The Becket Fund for Religious Liberty, Amicus Curiae, represented by Eric S. Baxter

The Catholic Charities of the Archdiocese of New York, et al., Amicus Curiae, represented by Eamon Paul Joyce

The Council of The Great City Schools, Amicus Curiae, represented by John W. Borkowski

The KIPP Foundation; Advocates for Children of New York; New Jersey Institute for Social Justice; UnidosUS, Amicus Curiae, represented by Deborah N. Archer

The National School Boards Association et al., Amicus Curiae, represented by Richard P. Bress

The Nielsen Company (US), LLC, Amicus Curiae, represented by Ishan Kharshedji Bhabha

United States House of Representatives, Amicus Curiae, represented by Douglas Neal Letter

 
Last updated: June 25, 2019