United States v. Hansen

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-179	9th Cir.	Mar 27, 2023	Jun 23, 2023	7-2	Barrett	OT 2022

Holding: Title 8 U.S.C. " 1324(a)(1)(A)(iv) " which criminalizes "encouraging or inducing" illegal immigration " forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law and is not unconstitutionally overbroad.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Barrett on June 23, 2023. Justice Thomas filed a concurring opinion. Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined.

SCOTUSblog Coverage

Supreme Court narrowly interprets ban on encouraging or inducing immigrants to remain unlawfully in the United States (Amanda Shanor, June 27, 2023)
Justices divided on the constitutionality of the federal law that bans encouraging immigrants to remain unlawfully in the United States (Amanda Shanor, March 28, 2023)
Does the federal law that prohibits encouraging or inducing unlawful immigration violate the First Amendment? (Amanda Shanor, March 24, 2023)
Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
Justices take up four new cases, including challenge to federal ban on encouraging illegal immigration (Amy Howe, December 9, 2022)
Federal ban on inducing unlawful immigration for financial gain may get another Supreme Court test (John Elwood, December 7, 2022)
Second chance to evaluate ban on encouraging unlawful immigration (Kalvis Golde, September 16, 2022)

Date	Proceedings and Orders (key to color coding)
08/25/2022	Petition for a writ of certiorari filed. (Response due September 28, 2022)
09/14/2022	Motion to extend the time to file a response from September 28, 2022 to October 28, 2022, submitted to The Clerk.
09/16/2022	Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2022.
09/28/2022	Brief amici curiae of Arizona, et al. filed.
10/28/2022	Brief of respondent Helaman Hansen in opposition filed.
11/14/2022	Reply of petitioner United States filed.
11/15/2022	DISTRIBUTED for Conference of 12/2/2022.
12/05/2022	DISTRIBUTED for Conference of 12/9/2022.
12/09/2022	Petition GRANTED.
01/18/2023	Brief of petitioner United States filed.
01/18/2023	Joint appendix filed. (Statement of cost filed.)
01/25/2023	Brief amicus curiae of Pfizer Inc. in suppoprt of neither party filed.
01/25/2023	Brief amicus curiae of Immigration Reform Law Institute (Feb. 2, 2023) filed.
01/25/2023	Brief amici curiae of State of Montana, et al. filed.
01/31/2023	SET FOR ARGUMENT on Monday, March 27, 2023.
02/03/2023	Record requested from the U.S.C.A. for the Ninth Circuit.
02/03/2023	All records from the USCA-9th Circuit are available on PACER. Sealed records from the USDC-Eastern District of CA were transmitted electronically.
02/13/2023	CIRCULATED
02/17/2023	Brief of respondent Helaman Hansen filed. (Distributed)
02/22/2023	Brief amicus curiae of Eugene Volokh filed. (Distributed)
02/23/2023	Brief amicus curiae of Reporters Committee for Freedom of the Press filed. (Distributed)
02/24/2023	Brief amici curiae of Religious Organizations filed. (Distributed)
02/24/2023	Amicus brief of National Association of Criminal Defense Lawyers and National Association of Federal Defenders not accepted for filing. (February 28, 2023)
02/24/2023	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. (Mar. 1, 2023) filed. (Distributed)
02/24/2023	Amici brief of The First Amendment Coalition Freedom of the Press Foundation, et al. not accepted for filing. (February 28, 2023--Corrected brief to be submitted).
02/24/2023	Brief amici curiae of The First Amendment Coalition Freedom of the Press Foundation, et al filed (Mar. 10, 2023). (Distributed)
02/24/2023	Brief amicus curiae of Cato Institute filed. (Distributed)
02/24/2023	Brief amici curiae of Electronic Frontier Foundation, Immigrants Rising, Defending Rights & Dissent and Woodhull Freedom Foundation filed. (Distributed)
02/24/2023	Brief amici curiae of The Rutherford Institute and The Foundation for Individual Rights and Expression filed. (Distributed)
02/24/2023	Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed)
02/24/2023	Brief amicus curiae of Asian Americans Advancing Justice I AAJC, et al. filed. (Distributed)
02/24/2023	Brief amici curiae of Immigration Representatives and Organizations filed. (Distributed)
03/17/2023	Reply of petitioner United States filed. (Distributed)
03/27/2023	Argued. For petitioner: Brian H. Fletcher, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Esha Bhandari, New York, N. Y.
06/23/2023	Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
07/25/2023	Judgment issued.