Monasky v. Taglieri
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-935 | 6th Cir. | 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
- Opinion analysis: In international custody dispute, justices uphold order for return of child to Italy (Amy Howe, February 25, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, 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 |
|---|---|
| Jan 15 2019 | Petition for a writ of certiorari filed. (Response due February 19, 2019) |
| Feb 11 2019 | Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk. |
| Feb 11 2019 | Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2019. |
| Feb 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) |
| Feb 19 2019 | Motion for leave to file amici brief filed by Sanctuary for Families, et al. |
| Mar 12 2019 | Motion to extend the time to file a response from March 21, 2019 to April 5, 2019, submitted to The Clerk. |
| Mar 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. |
| Apr 02 2019 | Motion to extend the time to file a response from April 5, 2019 to April 19, 2019, submitted to The Clerk. |
| Apr 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. |
| Apr 19 2019 | Brief of respondent Domenico Taglieri in opposition filed. |
| May 07 2019 | DISTRIBUTED for Conference of 5/23/2019. |
| May 07 2019 | Reply of petitioner Michelle Monasky filed. (Distributed) |
| May 28 2019 | DISTRIBUTED for Conference of 5/30/2019. |
| Jun 03 2019 | DISTRIBUTED for Conference of 6/6/2019. |
| Jun 10 2019 | Motion for leave to file amici brief filed by Sanctuary for Families, et al. GRANTED. |
| Jun 10 2019 | Petition GRANTED. |
| Jul 08 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Jul 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. |
| Aug 15 2019 | Blanket Consent filed by Petitioner, Michelle Monasky. |
| Aug 15 2019 | Brief of petitioner Michelle Monasky filed. |
| Aug 15 2019 | Joint appendix filed. (Statement of costs filed). |
| Aug 21 2019 | Brief amicus curiae of Reunite International Child Abduction Centre in support of neither party filed. |
| Aug 22 2019 | Brief amici curiae of Sanctuary for Families, et al. filed. |
| Aug 22 2019 | Brief amicus curiae of United States in support of neither party filed. |
| Aug 22 2019 | Brief amicus curiae of Frederick K. Cox International Law Center filed. |
| Sep 13 2019 | SET FOR ARGUMENT on Wednesday, December 11, 2019. |
| Oct 07 2019 | Brief of respondent Domenico Taglieri filed. |
| Oct 11 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Oct 11 2019 | Brief amicus curiae of International Academy of Family Lawyers filed. |
| Oct 14 2019 | Brief amicus curiae of American Academy of Matrimonial Lawyers filed. |
| Oct 23 2019 | Record requested from the U.S.C.A. 6th Circuit. |
| Oct 23 2019 | The record from the U.S.C..A. 6th Circuit is electronic and filed. |
| Oct 25 2019 | CIRCULATED |
| Nov 04 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 06 2019 | Reply of petitioner Michelle Monasky filed. (Distributed) |
| Dec 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. |
| Feb 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. |
| Mar 30 2020 | JUDGMENT ISSUED. |
