Monasky v. Taglieri
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 18-935 | Dec 11, 2019 | Feb 25, 2020 | 9-0 | Ginsburg | OT 2019 |
Holding: A child"s habitual residence under the Hague Convention on the Civil Aspects of International Child Abduction depends on the totality of the circumstances specific to the case, not on categorical requirements such as an actual agreement between the parents.
Judgment: Affirmed, 9-0, in an opinion by Justice Ginsburg on February 25, 2020. Justice Thomas joined as to Parts I, III and IV, and filed an opinion concurring in part and concurring in the judgment. Justice Alito filed an opinion concurring in part and concurring in the judgment.
SCOTUSblog Coverage
- Live blog of opinions (Update: Completed) (Kalvis Golde, February 25, 2020)
- Opinion analysis: In international custody dispute, justices uphold order for return of child to Italy (Amy Howe, February 25, 2020)
- Argument analysis: Justices debate determination of habitual residence for infants in international child-custody cases (Amy Howe, December 11, 2019)
- Argument preview: Justices return to international child-custody convention (Amy Howe, December 6, 2019)
- Five new grants today (Amy Howe, June 10, 2019)
| Date | Proceedings and Orders |
|---|---|
| 01/15/2019 | Petition for a writ of certiorari filed. (Response due February 19, 2019) |
| 02/11/2019 | Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk. |
| 02/11/2019 | Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2019. |
| 02/19/2019 | Motion of Sanctuary for Families, National Network to End Domestic Violence, and Pathways to Safety International for leave to file amicus brief not accepted for filing. (February 21, 2019) (Corrected version submitted) |
| 02/19/2019 | Motion for leave to file amici brief filed by Sanctuary for Families, et al. |
| 03/12/2019 | Motion to extend the time to file a response from March 21, 2019 to April 5, 2019, submitted to The Clerk. |
| 03/13/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including April 5, 2019. |
| 04/02/2019 | Motion to extend the time to file a response from April 5, 2019 to April 19, 2019, submitted to The Clerk. |
| 04/02/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including April 19, 2019. |
| 04/19/2019 | Brief of respondent Domenico Taglieri in opposition filed. |
| 05/07/2019 | DISTRIBUTED for Conference of 5/23/2019. |
| 05/07/2019 | Reply of petitioner Michelle Monasky filed. (Distributed) |
| 05/28/2019 | DISTRIBUTED for Conference of 5/30/2019. |
| 06/03/2019 | DISTRIBUTED for Conference of 6/6/2019. |
| 06/10/2019 | Motion for leave to file amici brief filed by Sanctuary for Families, et al. GRANTED. |
| 06/10/2019 | Petition GRANTED. |
| 07/08/2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| 07/09/2019 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 15, 2019. The time to file respondent's brief on the merits is extended to and including October 7, 2019. |
| 08/15/2019 | Blanket Consent filed by Petitioner, Michelle Monasky. |
| 08/15/2019 | Brief of petitioner Michelle Monasky filed. |
| 08/15/2019 | Joint appendix filed. (Statement of costs filed). |
| 08/21/2019 | Brief amicus curiae of Reunite International Child Abduction Centre in support of neither party filed. |
| 08/22/2019 | Brief amici curiae of Sanctuary for Families, et al. filed. |
| 08/22/2019 | Brief amicus curiae of United States in support of neither party filed. |
| 08/22/2019 | Brief amicus curiae of Frederick K. Cox International Law Center filed. |
| 09/13/2019 | SET FOR ARGUMENT on Wednesday, December 11, 2019. |
| 10/07/2019 | Brief of respondent Domenico Taglieri filed. |
| 10/11/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/11/2019 | Brief amicus curiae of International Academy of Family Lawyers filed. |
| 10/14/2019 | Brief amicus curiae of American Academy of Matrimonial Lawyers filed. |
| 10/23/2019 | Record requested from the U.S.C.A. 6th Circuit. |
| 10/23/2019 | The record from the U.S.C..A. 6th Circuit is electronic and filed. |
| 10/25/2019 | CIRCULATED |
| 11/04/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/06/2019 | Reply of petitioner Michelle Monasky filed. (Distributed) |
| 12/11/2019 | Argued. For petitioner: Amir C. Tayrani, Washington, D. C. For United States, as amicus curiae: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Andrew J. Pincus, Washington, D. C. |
| 02/25/2020 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined, and in which Thomas, J., joined as to Parts I, III, and IV. Thomas, J., and Alito, J., filed opinions concurring in part and concurring in the judgment. |
| 03/30/2020 | JUDGMENT ISSUED. |