Hernandez v. Mesa
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1678 | 5th Cir. | Nov 12, 2019 | Feb 25, 2020 | 5-4 | Alito | OT 2019 |
Holding: The holding in Bivens v. Six Unknown Federal Narcotics Agents does not extend to claims based on a cross-border shooting.
Judgment: Affirmed, 5-4, in an opinion by Justice Alito on February 25, 2020. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor and Kagan joined.
SCOTUSblog Coverage
- Opinion analysis: Justices block cross-border shooting lawsuit (Amy Howe, February 25, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, February 25, 2020)
- Argument analysis: Justices divided in cross-border shooting case (Amy Howe, November 12, 2019)
- Argument preview: Justices to tackle cross-border shooting case again (Amy Howe, November 5, 2019)
- Overview of the court’s criminal docket for OT 19 – sizeable and significant (Rory Little, September 9, 2019)
- Justices reverse in part on Indiana abortion law (Amy Howe, May 28, 2019)
- OT2018 #6: "Hook 'Em, Tom" (First Mondays, November 5, 2018)
- Justices officially return from summer recess, issue orders from long conference (Amy Howe, October 1, 2018)
- Petition of the day (Aurora Barnes, July 2, 2018)
| Date | Proceedings and Orders |
|---|---|
| Jun 15 2018 | Petition for a writ of certiorari filed. (Response due July 20, 2018) |
| Jul 18 2018 | Motion to extend the time to file a response from July 20, 2018 to August 4, 2018, submitted to The Clerk. |
| Jul 20 2018 | Brief amicus curiae of Government of the United Mexican States filed. |
| Jul 20 2018 | Brief amicus curiae of Professor Gregory C. Sisk filed. |
| Jul 23 2018 | Motion to extend the time to file a response is granted and the time is extended to and including August 6, 2018. |
| Aug 06 2018 | Response to petition from respondent Jesus Mesa, Jr. filed. |
| Aug 17 2018 | Reply of petitioner Jesus C. Hernández, et al. filed. VIDED. |
| Aug 22 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Oct 01 2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Apr 11 2019 | Brief amicus curiae of United States filed. |
| Apr 17 2019 | Supplemental brief of petitioners Jesus C. Hernández, et al. filed. |
| Apr 30 2019 | DISTRIBUTED for Conference of 5/16/2019. |
| May 20 2019 | DISTRIBUTED for Conference of 5/23/2019. |
| May 28 2019 | Petition GRANTED limited to Question 1 presented by the petition. |
| May 29 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Jun 06 2019 | Joint motion to extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is extended to and including August 2, 2019. The time to file respondent's brief on the merits is extended to and including September 23, 2019. |
| Jun 06 2019 | Motion to dispense with printing the joint appendix filed by petitioners Jesus C. Hernández, et al. |
| Jun 24 2019 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| Jul 08 2019 | SET FOR ARGUMENT on Tuesday, November 12, 2019. |
| Jul 15 2019 | Blanket Consent filed by Petitioners, Jesus C. Hernández, et al. |
| Jul 29 2019 | Blanket Consent filed by Respondent, Jesus Mesa, Jr. |
| Aug 02 2019 | Brief of petitioners Jesus C. Hernández, et al. filed. |
| Aug 02 2019 | Brief amicus curiae of Alan Mygatt-Tauber filed. |
| Aug 08 2019 | Brief amici curiae of Border Scholars filed. |
| Aug 08 2019 | Brief amici curiae of Amnesty International USA, et al. filed. |
| Aug 09 2019 | Brief amicus curiae of Government of the United Mexican States filed. |
| Aug 09 2019 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Aug 09 2019 | Brief amici curiae of Immigrant and Civil Rights Organizations filed. |
| Aug 09 2019 | Brief amicus curiae of Professor Gregory C. Sisk filed. |
| Aug 09 2019 | Brief amici curiae of Tahirih Justice Center, et al. filed. |
| Aug 09 2019 | Brief amicus curiae of Brady filed. |
| Aug 09 2019 | Brief amici curiae of Carlos M. Vazquez and Anya Bernstein filed. |
| Aug 09 2019 | Brief amici curiae of Border Network for Human Rights, et al. filed. |
| Aug 09 2019 | Brief amicus curiae of Institute for Justice filed. |
| Aug 09 2019 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| Aug 09 2019 | Brief amici curiae of Douglas Laycock, et al. filed. |
| Aug 09 2019 | Brief amici curiae of Council on American-Islamic Relations and Anas Elhady in support of neither party filed. |
| Aug 09 2019 | Brief amici curiae of Former Officials of U.S. Customs and Border Protection Agency filed. |
| Sep 03 2019 | CIRCULATED |
| Sep 16 2019 | Record requested from the U.S.C.A. 5th Circuit. |
| Sep 16 2019 | The record from the U.S.C.A. 5th Circuit is electronic and located on PACER. |
| Sep 23 2019 | Brief of respondent Jesus Mesa, Jr. filed. (Distributed) |
| Sep 30 2019 | Brief amicus curiae of United States filed. (Distributed) |
| Sep 30 2019 | Brief amicus curiae of APA Watch filed. (Distributed) |
| Sep 30 2019 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| Sep 30 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Oct 15 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 23 2019 | Reply of petitioners Jesus C. Hernández, et al. filed. (Distributed) |
| Nov 12 2019 | Argued. For petitioners: Stephen I. Vladeck, Austin, Tex. For respondent: Randolph J. Ortega, El Paso, Tex.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Feb 25 2020 | Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. |
| Mar 30 2020 | JUDGMENT ISSUED. |
