Kansas v. Garcia
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-834 | 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 youre out (of coffee) (Kalvis Golde, October 5, 2019)
- Overview of the courts 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 |
|---|---|
| 12/07/2017 | Petition for a writ of certiorari filed. (Response due January 10, 2018) |
| 01/02/2018 | Blanket Consent filed by Petitioner, State of Kansas |
| 01/05/2018 | Motion to extend the time to file a response from January 10, 2018 to February 9, 2018, submitted to The Clerk. |
| 01/08/2018 | Motion to extend the time to file a response is granted and the time is extended to and including February 9, 2018. |
| 01/10/2018 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. |
| 01/10/2018 | Brief amici curiae of Michigan, et al. filed. |
| 02/01/2018 | Motion to extend the time to file a response from February 9, 2018 to March 12, 2018, submitted to The Clerk. |
| 02/02/2018 | Motion to extend the time to file a response is granted and the time is extended to and including March 12, 2018. |
| 03/12/2018 | Brief of respondents Ramiro Garcia, et al. in opposition filed. |
| 03/23/2018 | Reply of petitioner State of Kansas filed. |
| 03/28/2018 | DISTRIBUTED for Conference of 4/13/2018. |
| 04/16/2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 12/04/2018 | Brief amicus curiae of United States filed. |
| 12/19/2018 | DISTRIBUTED for Conference of 1/4/2019. |
| 12/19/2018 | Supplemental brief of respondents Ramiro Garcia, et al. filed. (Distributed) |
| 12/26/2018 | Rescheduled. |
| 01/07/2019 | DISTRIBUTED for Conference of 1/11/2019. |
| 01/10/2019 | Rescheduled. |
| 01/14/2019 | DISTRIBUTED for Conference of 1/18/2019. |
| 01/17/2019 | Rescheduled. |
| 02/04/2019 | DISTRIBUTED for Conference of 2/15/2019. |
| 02/19/2019 | DISTRIBUTED for Conference of 2/22/2019. |
| 02/25/2019 | DISTRIBUTED for Conference of 3/1/2019. |
| 03/11/2019 | DISTRIBUTED for Conference of 3/15/2019. |
| 03/18/2019 | 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. |
| 04/09/2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| 04/16/2019 | Blanket Consent filed by Petitioner, State of Kansas |
| 04/29/2019 | 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. |
| 05/24/2019 | Brief of petitioner State of Kansas filed. |
| 05/24/2019 | Joint appendix filed. (Statement of costs filed) |
| 05/31/2019 | Brief amici curiae of State of Indiana and Eleven Other States filed. |
| 05/31/2019 | Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed. |
| 05/31/2019 | Brief amicus curiae of United States filed. |
| 05/31/2019 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| 05/31/2019 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. |
| 07/01/2019 | SET FOR ARGUMENT on Wednesday, October 16, 2019. |
| 07/11/2019 | Motion for a further extension of time to file respondent's brief on the merits filed. |
| 07/12/2019 | 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. |
| 08/01/2019 | CIRCULATED |
| 08/06/2019 | Brief of respondents Ramiro Garcia, et al. filed. (Distributed) |
| 08/12/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/13/2019 | Brief amici curiae of Puente Arizona et al. filed. (Distributed) |
| 08/13/2019 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed) |
| 08/13/2019 | Brief amici curiae of Immigration, Labor and Employment Law Scholars filed. (Distributed) |
| 08/13/2019 | Brief amicus curiae of Law Office of David J. Grummon, P.A. filed. (Distributed) |
| 08/13/2019 | Brief amici curiae of The National Immigration Law Center, et al. filed. (Distributed) |
| 08/16/2019 | Record requested from the Supreme Court of Kansas. |
| 08/26/2019 | Record received from the Supreme Court of Kansas. (1 Box) |
| 09/05/2019 | Reply of petitioner State of Kansas filed. (Distributed) |
| 09/11/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/16/2019 | 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. |
| 11/12/2019 | 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. |
| 03/03/2020 | Judgment REVERSED and case REMANDED. Alito, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/17-834_k53l.pdf'>opinion</a> 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. |
| 04/06/2020 | JUDGMENT ISSUED. |
| 04/06/2020 | MANDATE ISSUED. |
| 08/17/2020 | Record returned to the Supreme Court of Kansas. |