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
Questions Presented
 
Proceedings and Orders
Oct 03 2018 Application (18A350) for a stay, submitted to Justice Ginsburg.
Main Document Proof of Service
Oct 05 2018 Application (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 2018 Application (18A375) for a stay, submitted to Justice Ginsburg.
Main Document Main Document
Oct 09 2018 UPON 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 10 2018 Letter of applicants received.
Oct 11 2018 Response to application from respondent New York, et al. filed.
Main Document Proof of Service
Oct 11 2018 Response to application from respondent New York Immigration Coalition, et al. filed.
Main Document Main Document
Oct 12 2018 Reply of applicants United States Department of Commerce, et al. filed.
Proof of Service Reply
Oct 12 2018 Motion 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.
Main Document
Oct 17 2018 Motion for leave to file amicus brief filed by California.
Main Document Certificate of Word Count Proof of Service
Oct 22 2018 Application (18A375) referred to the Court.
Oct 22 2018 The 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 2018 Petition for a writ of mandamus filed. (Response due November 28, 2018)
Oct 29 2018 Application (18A455) for a stay, submitted to Justice Ginsburg.
Main Document Proof of Service
Nov 02 2018 Application (18A455) referred to the Court.
Nov 02 2018 Application (18A455) denied by the Court. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application.
Nov 06 2018 The 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 2018 Brief amicus curiae of State of California filed.
Nov 13 2018 Brief amicus curiae of Public Interest Legal Foundation filed.
Nov 13 2018 Brief of respondents New York Immigration Coalition, et al. in opposition filed.
Nov 13 2018 Brief of respondents State of New York, et al. and Other Government Plaintiffs in opposition filed.
Nov 15 2018 Reply of petitioners Department of Commerce, et al. filed.
Nov 16 2018 The 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 2018 Letter of petitioners filed.
Dec 12 2018 Motion of petitioners for an extension of time to file the joint appendix filed.
Dec 14 2018 Motion to extend the time to file the joint appendix is granted and the time is extended to and including January 4, 2019.
Dec 17 2018 Brief of petitioners Department of Commerce, et al. filed.
Dec 20 2018 Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Dec 21 2018 SET FOR ARGUMENT on Tuesday, February 19, 2019.
Dec 21 2018 Brief amici curiae of State of Oklahoma, et al. filed.
Dec 24 2018 Brief amicus curiae of Public Interest Legal Foundation filed.
Jan 04 2019 Joint appendix filed.
Jan 11 2019 Record requested from the U.S.C.A. 2nd Circuit.
Jan 14 2019 Record request from the U.S.C.A. 2nd Circuit is electronic.
Jan 15 2019 CIRCULATED
Jan 17 2019 Brief of respondents New York Immigration Coalition, et al. filed. (Distributed)
Jan 17 2019 Joint motion of respondents to dismiss as improvidently granted filed. (Distributed)
Jan 17 2019 Brief of respondents State of New York, et al. filed (with 1 vol. appendix). (Distributed)
Jan 18 2019 This case is REMOVED FROM THE ARGUMENT CALENDAR for Tuesday, February 19, 2019. The briefing schedule is suspended pending further order of the Court.
Jan 22 2019 Petitioners' response to motion to dismiss as improvidently granted filed. (Distributed)
Jan 29 2019 Reply of respondents to response to motion to dismiss as improvidently granted filed. (Distributed)
Jan 30 2019 Motion DISTRIBUTED for Conference of 2/15/2019.
Jun 26 2019 DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019 The case is remanded to the United States Court of Appeals for the Second Circuit with instructions to vacate that court's orders dated September 25, 2018 and October 9, 2018. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
Jul 30 2019 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Noel John Francisco
Counsel of Record
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
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
Ph: 202-942-5316
Party name: New York Immigration Coalition, et al.


Barbara Dale Underwood
Counsel of Record
Solicitor General
Office of the Attorney General
28 Liberty Street
New York, NY 10005-1400

BARBARA.UNDERWOOD@AG.NY.GOV
Ph: 212-416-8016
Party name: State of New York, eighteen other States, fourteen other Governmental entities, and the U.S. Conference of Mayors


Other Attorneys
Lawrence J. Joseph
Law Office of Lawrence J. Joseph
1250 Connecticut Avenue, NW
Suite 700 PMB 5155
Washington, DC 20036

LJOSEPH@LARRYJOSEPH.COM
Ph: 2028992987
Party name: Eagle Forum Education & Legal Defense Fund


Mithun Mansinghani
Lehotsky Keller Cohn LLP
629 W. Main Street
Oklahoma City, OK 73102

mithun@lkcfirm.com
Ph: 5126938350
Party name: State of Oklahoma


Michael James Mongan
State of CA, Department of Justice
455 Golden Gate Ave., Suite 11000
San Francisco, CA 94102

michael.mongan@doj.ca.gov
Ph: (415) 510-3920
Party name: State of California


Kaylan Lytle Phillips
Public Interest Legal Foundation
32 E. Washington, Suite 1675
Indianapolis,, IN 46204

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