Kansas v. Garcia
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-834 | Kan. | Oct 16, 2019 | Mar 3, 2020 | 5-4 | Alito | OT 2019 |
Holding: The Kansas statutes under which respondents, three unauthorized aliens, were convicted—for fraudulently using another person’s Social Security number on state and federal tax-withholding forms submitted to their employers—are not expressly preempted by the Immigration Reform and Control Act of 1986; and respondent’s argument that those law are preempted by implication is rejected.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Alito on March 3, 2020. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Breyer filed an opinion concurring in part and dissenting in part, in which Justices Ginsburg, Sotomayor and Kagan joined.
SCOTUSblog Coverage
- Opinion analysis: Divided court permits state identity-theft prosecution of noncitizens in the employment process (Pratheepan Gulasekaram, March 4, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, March 3, 2020)
- Argument analysis: Justices probe the limits of prosecutions of noncitizens under state identity-theft laws (Pratheepan Gulasekaram, October 17, 2019)
- Argument preview: Preemption of state identity-theft prosecutions of noncitizens (Pratheepan Gulasekaram, October 9, 2019)
- Three grants and you’re out (of coffee) (Kalvis Golde, October 5, 2019)
- Overview of the court’s criminal docket for OT 19 – sizeable and significant (Rory Little, September 9, 2019)
- Justices grant four new cases (Corrected) (Amy Howe, March 18, 2019)
- Government files invitation briefs, recommends just one grant (Amy Howe, December 5, 2018)
- No new grants, but four CVSGs (Amy Howe, April 16, 2018)
- Petition of the day (Aurora Barnes, December 29, 2017)
| Date | Proceedings and Orders |
|---|---|
| Dec 07 2017 | Petition for a writ of certiorari filed. (Response due January 10, 2018) |
| Jan 02 2018 | Blanket Consent filed by Petitioner, State of Kansas |
| Jan 05 2018 | Motion to extend the time to file a response from January 10, 2018 to February 9, 2018, submitted to The Clerk. |
| Jan 08 2018 | Motion to extend the time to file a response is granted and the time is extended to and including February 9, 2018. |
| Jan 10 2018 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. |
| Jan 10 2018 | Brief amici curiae of Michigan, et al. filed. |
| Feb 01 2018 | Motion to extend the time to file a response from February 9, 2018 to March 12, 2018, submitted to The Clerk. |
| Feb 02 2018 | Motion to extend the time to file a response is granted and the time is extended to and including March 12, 2018. |
| Mar 12 2018 | Brief of respondents Ramiro Garcia, et al. in opposition filed. |
| Mar 23 2018 | Reply of petitioner State of Kansas filed. |
| Mar 28 2018 | DISTRIBUTED for Conference of 4/13/2018. |
| Apr 16 2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Dec 04 2018 | Brief amicus curiae of United States filed. |
| Dec 19 2018 | DISTRIBUTED for Conference of 1/4/2019. |
| Dec 19 2018 | Supplemental brief of respondents Ramiro Garcia, et al. filed. (Distributed) |
| Dec 26 2018 | Rescheduled. |
| Jan 07 2019 | DISTRIBUTED for Conference of 1/11/2019. |
| Jan 10 2019 | Rescheduled. |
| Jan 14 2019 | DISTRIBUTED for Conference of 1/18/2019. |
| Jan 17 2019 | Rescheduled. |
| Feb 04 2019 | DISTRIBUTED for Conference of 2/15/2019. |
| Feb 19 2019 | DISTRIBUTED for Conference of 2/22/2019. |
| Feb 25 2019 | DISTRIBUTED for Conference of 3/1/2019. |
| Mar 11 2019 | DISTRIBUTED for Conference of 3/15/2019. |
| Mar 18 2019 | Petition GRANTED limited to Question 1 presented by the petition and the following question: Whether the Immigration Reform and Control Act impliedly preempts Kansas’s prosecution of respondents. |
| Apr 09 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Apr 16 2019 | Blanket Consent filed by Petitioner, State of Kansas |
| Apr 29 2019 | Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 24, 2019. The time to file respondent's brief on the merits is extended to and including July 23, 2019. |
| May 24 2019 | Brief of petitioner State of Kansas filed. |
| May 24 2019 | Joint appendix filed. (Statement of costs filed) |
| May 31 2019 | Brief amici curiae of State of Indiana and Eleven Other States filed. |
| May 31 2019 | Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed. |
| May 31 2019 | Brief amicus curiae of United States filed. |
| May 31 2019 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| May 31 2019 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. |
| Jul 01 2019 | SET FOR ARGUMENT on Wednesday, October 16, 2019. |
| Jul 11 2019 | Motion for a further extension of time to file respondent's brief on the merits filed. |
| Jul 12 2019 | Motion for a further extension of time to file respondent's brief on the merits granted and the time is extended to and including August 6, 2019. |
| Aug 01 2019 | CIRCULATED |
| Aug 06 2019 | Brief of respondents Ramiro Garcia, et al. filed. (Distributed) |
| Aug 12 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Aug 13 2019 | Brief amici curiae of Puente Arizona et al. filed. (Distributed) |
| Aug 13 2019 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed) |
| Aug 13 2019 | Brief amici curiae of Immigration, Labor and Employment Law Scholars filed. (Distributed) |
| Aug 13 2019 | Brief amicus curiae of Law Office of David J. Grummon, P.A. filed. (Distributed) |
| Aug 13 2019 | Brief amici curiae of The National Immigration Law Center, et al. filed. (Distributed) |
| Aug 16 2019 | Record requested from the Supreme Court of Kansas. |
| Aug 26 2019 | Record received from the Supreme Court of Kansas. (1 Box) |
| Sep 05 2019 | Reply of petitioner State of Kansas filed. (Distributed) |
| Sep 11 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 16 2019 | Argued. For petitioner: Derek Schmidt, Attorney General, Topeka, Kan.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C (for United States, as amicus curiae.) For respondent: Paul Hughes, Washington, D. C. |
| Nov 12 2019 | Records received from the Appellate Courts of Kansas, companion cases State v. Donaldo Morales, and State v. Guadalupe Ochoa-Lara. (1 envelope). A thumb drive is also included with the record, that I have filed electronically. |
| Mar 03 2020 | Judgment REVERSED and case REMANDED. 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. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| Apr 06 2020 | JUDGMENT ISSUED. |
| Apr 06 2020 | MANDATE ISSUED. |
| Aug 17 2020 | Record returned to the Supreme Court of Kansas. |
