No. 18-557
Title:Department of Commerce, et al., Petitioners
v.
United States District Court for the Southern District of New York, et al.
Docketed:October 29, 2018
Linked with 18A350, 18A375, 18A455
Lower Ct:United States Court of Appeals for the Second Circuit
   Case Numbers:(18-2856, 18-2857)
   Decision Date:October 9, 2018
Rule 12.4
   Rehearing Denied:
  Discretionary Court Decision Date:
Analyst:
Questions Presented

DateProceedings and Orders
Oct 03 2018Application (18A350) for a stay, submitted to Justice Ginsburg.
Main DocumentProof of Service
Oct 05 2018Application (18A350) denied by Justice Ginsburg. The application is denied without prejudice, provided that the Court of Appeals will afford sufficient time for either party to seek relief in this Court before the depositions in question are taken.
Oct 09 2018UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the orders of the United States District Court for the Southern District of New York, dated July 3, 2018, August 17, 2018, and September 21, 2018, are stayed pending receipt of a response, due on or before October 11, 2018, by 4 p.m., and further order of Justice Ginsburg or of the Court.
Oct 09 2018Application (18A375) for a stay, submitted to Justice Ginsburg.
Main DocumentMain Document
Oct 10 2018Letter of applicants received.
Oct 11 2018Response to application from respondent New York, et al. filed.
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Oct 11 2018Response to application from respondent New York Immigration Coalition, et al. filed.
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Oct 12 2018Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Eagle Forum Education & Legal Defense Fund.
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Oct 12 2018Reply of applicants United States Department of Commerce, et al. filed.
Proof of ServiceReply
Oct 17 2018Motion for leave to file amicus brief filed by California.
Main DocumentCertificate of Word CountProof of Service
Oct 22 2018Application (18A375) referred to the Court.
Oct 22 2018The application for stay (18A375) presented to JUSTICE GINSBURG and by her referred to the Court is granted in part and denied in part. The application is granted as to the order of the United States District Court for the Southern District of New York dated September 21, 2018, which is stayed through October 29, 2018 at 4 p.m. The application is denied as to the orders of the United States District Court for the Southern District of New York dated July 3,2018 and August 17, 2018. If the applicants file a petition for a writ of certiorari or a petition for a writ of mandamus with respect to the stayed order by or before October 29, 2018 at 4 p.m., the stay will remain in effect until disposition of such petition by this Court. Should the petition be denied, this stay shall terminate automatically. In the event the petition is granted, the stay shall terminate upon the sending down of the judgment of this Court. The denial of the stay with respect to the remaining orders does not preclude the applicants from making arguments with respect to those orders. Justice Gorsuch, with whom Justice Thomas joins, concurs in part and dissents in part. (Detached opinion)
Oct 29 2018Petition for a writ of mandamus filed. (Response due November 28, 2018)
PetitionAppendixProof of Service
Oct 29 2018Application (18A455) for a stay, submitted to Justice Ginsburg.
Main DocumentProof of Service
Nov 02 2018Application (18A455) referred to the Court.
Nov 02 2018Application (18A455) denied by the Court. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application.
Nov 06 2018The respondents are directed to file a response to the petition on or before 5 p.m., Tuesday, November 13, 2018. Petitioners may file a reply brief on or before 2 p.m., Thursday, November 15, 2018. Amicus curiae briefs may be filed on or before 5 p.m., Tuesday, November 13, 2018.
Nov 13 2018Brief of respondents State of New York, et al. and Other Government Plaintiffs in opposition filed.
Main DocumentCertificate of Word CountProof of Service
Nov 13 2018Brief of respondents New York Immigration Coalition, et al. in opposition filed.
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Nov 13 2018Brief amicus curiae of State of California filed.
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Nov 13 2018Brief amicus curiae of Public Interest Legal Foundation filed.
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Nov 15 2018Reply of petitioners Department of Commerce, et al. filed.
Main DocumentProof of Service
Nov 16 2018The petition for a writ of mandamus is treated as a petition for a writ of certiorari. The petition for certiorari is GRANTED. Petitioners' brief on the merits is to be filed on or before Monday, December 17, 2018. Respondents' brief on the merits is to be filed on or before Thursday, January 17, 2019. The reply brief is to be filed on or before Monday, February 4, 2019. The case is set for oral argument on Tuesday, February 19, 2019.
Nov 26 2018Letter of petitioners Department of Commerce, et al. filed.
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NAMEADDRESSPHONE
Attorneys for Petitioners
Noel J. Francisco
    Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: Department of Commerce, et al.
Attorneys for Respondents
John Arak Freedman
    Counsel of Record
Arnold & Porter Kaye Scholer, LLP
601 Mass. Ave., NW
Washington, DC 20001

John.Freedman@arnoldporter.com
202-942-5316
Party name: New York Immigration Coalition, et al.
Barbara Dale Underwood
    Counsel of Record
Attorney General
Office of the Attorney General
28 Liberty Street
New York, NY 10005-1400

Barbara.underwood@ag.ny.gov
212-416-8016
Party name: State of New York, eighteen other States, fourteen other Governmental entities, and the U.S. Conference of Mayors
Other
Michael James Mongan
    Counsel of Record
State of CA, Department of Justice
455 Golden Gate Ave., Suite 11000
San Francisco, CA 94102

michael.mongan@doj.ca.gov
(415) 510-3920
Party name: State of California
Kaylan Lytle Phillips
    Counsel of Record
Public Interest Legal Foundation
32 E. Washington, Suite 1675
Indianapolis,, IN 46204

kphillips@publicinterestlegal.org
3172035599
Party name: Public Interest Legal Foundation