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Wolf v. Vidal

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
18-589 2d Cir. Nov 12, 2019 Jun 18, 2020 5-4 Roberts OT 2019

Holding: The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals program was arbitrary and capricious under the Administrative Procedure Act.

Judgment: February 13, 2018, order vacated, November 9, 2017, order affirmed in part, March 29, 2018, order reversed in part, and remanded, 5-4, in an opinion by Chief Justice Roberts on June 18, 2020. Roberts delivered the opinion of the court except as to Part IV. Justices Ginsburg, Breyer and Kagan joined that opinion in full, and Justice Sotomayor joined as to all but Part IV. Justice Sotomayor filed an opinion concurring in part, concurring in the judgment in part and dissenting in part. Justice Thomas filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Alito and Gorsuch joined. Justices Alito and Kavanaugh filed opinions concurring in the judgment in part and dissenting in part.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 05 2018Petition for a writ of certiorari before judgment filed. (Response due December 5, 2018)
Nov 23 2018Letter of State of New York et al. (State Respondents) not accepted for filing. (November 26, 2018)
Nov 23 2018Letter from State of New York, et al. received.
Nov 27 2018Letter 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)
Nov 30 2018Motion to extend the time to file a response from December 5, 2018 to December 17, 2018, submitted to The Clerk.
Dec 03 2018Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2018, for all respondents.
Dec 06 2018Brief amici curiae of The States of Texas, et al. filed. VIDED.
Dec 06 2018Brief 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.
Dec 17 2018Brief of respondents Martin Jonathan Batalla Vidal, et al. (non-State Respondents) in opposition filed.
Dec 17 2018Brief of respondents State of New York et al. (State Respondents) in opposition filed.
Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
Dec 26 2018Letter waiving the 14-day waiting period under Rule 15.5 filed.
Jan 04 2019Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Jun 10 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019Petition 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.
Jul 01 2019Because 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.”
Jul 08 2019SET FOR ARGUMENT on Tuesday, November 12, 2019. VIDED
Sep 03 2019CIRCULATED
Sep 16 2019Record requested from the U.S.C.A. 2nd Circuit.
Sep 16 2019Record received from the U.S.C.A. 2nd Circuit is electronic.
Sep 23 2019Record received from the U.S.D.C. Eastern District of New York. The record is electronic.
Nov 12 2019Argued. 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.
Mar 27 2020Letter 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).
Jun 18 2020February 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.
Jul 20 2020JUDGMENT ISSUED.