Trump v. Hawaii

The judgment is vacated, and the case is remanded to the United States Court of Appeals for the 9th Circuit with instructions to dismiss as moot, on October 24, 2017.

Linked with:

Trump v. International Refugee Assistance Project

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-1540	9th Cir.	TBD	TBD	TBD	TBD	OT 2017

Issue: (1) Whether respondents' challenge to the temporary suspension of entry of aliens abroad under Section 2(c) of Executive Order No. 13,780 is justiciable; (2) whether Section 2(c)'s temporary suspension of entry violates the Establishment Clause; (3) whether the global injunction, which rests on alleged injury to a single individual plaintiff, is impermissibly overbroad; and (4) whether the challenges to Section 2(c) became moot on June 14, 2017.

SCOTUSblog Coverage

Academic highlight: The debate over nationwide injunctions (Amanda Frost, February 1, 2018)
Justices strike second travel-ban case from docket (Amy Howe, October 24, 2017)
Justices end 4th Circuit travel-ban challenge (Amy Howe, October 11, 2017)
Government, challengers file on future of travel-ban litigation (UPDATED) (Amy Howe, October 5, 2017)
OT2017 #1: "A Very Nice Office" (First Mondays, October 2, 2017)
Justices take travel ban cases off October argument calendar (Amy Howe, September 25, 2017)
Trump issues new order on travel (Amy Howe, September 25, 2017)
In travel-ban case, justices block lower-court ruling on refugee admissions (Amy Howe, September 12, 2017)
Hawaii responds in latest travel-ban dispute (Amy Howe, September 12, 2017)
Trump administration returns to the Supreme Court, gets temporary stay on travel ban refugee ruling (Amy Howe, September 11, 2017)
In Recess #4: "Stone Soup" (First Mondays, September 11, 2017)
Court releases October calendar (Amy Howe, July 20, 2017)
Court hands each side a partial victory in dispute over scope of travel ban (Amy Howe, July 19, 2017)
Hawaii urges justices to deny motion for clarification on travel ban, and the government responds (UPDATED) (Amy Howe, July 18, 2017)
Academic highlight: Shaw on presidential speech and the courts (Amanda Frost, July 17, 2017)
Federal government asks Supreme Court to clarify order in travel ban litigation (UPDATED) (Amy Howe, July 15, 2017)
Symposium: The stays a practical victory, a legal concern (Lee Rudofsky, July 14, 2017)
Symposium: What would Hippocrates do? (Frank Trinity, July 14, 2017)
Symposium: Could this be the end of plenary power? (Margo Schlanger, July 14, 2017)
Symposium: When (if ever) may we consider religion at the border? (Chris Hajec, July 13, 2017)
Symposium: How the acting solicitor general (sort of) saved the travel ban (Steve Vladeck, July 12, 2017)
Symposium: Understanding the Supreme Courts equitable ruling in Trump v. IRAP (Josh Blackman, July 12, 2017)
Symposium: Overreaching judges imperil national security and weaken the Constitution (John Malcolm, July 11, 2017)
Symposium: The mootness games (Leah Litman, July 11, 2017)
An introduction to the travel ban: In Plain English (Amy Howe, July 10, 2017)
Dispute over travel ban could return to Supreme Court (UPDATED) (Amy Howe, July 7, 2017)
Justices agree to weigh in on travel ban, allow parts of it to go into effect (Amy Howe, June 26, 2017)
Government responds in travel ban litigation (Amy Howe, June 21, 2017)
Hawaii to Supreme Court: No need to review travel ban (Amy Howe, June 21, 2017)
Federal government files brief in travel-ban litigation (Amy Howe, June 16, 2017)
Government responds to 9th Circuit ruling, asks for more briefing (UPDATED 5:45 p.m.) (Amy Howe, June 13, 2017)
Challengers file briefs in Supreme Court on travel ban, while 9th Circuit leaves freeze on ban in place (Amy Howe, June 13, 2017)
Trump administration asks justices to weigh in on travel ban (UPDATED Friday 7:45 p.m.) (Amy Howe, June 2, 2017)

Date	Proceedings and Orders (key to color coding)
06/01/2017	Application (16A1191) for a stay pending appeal, submitted to Justice Kennedy.
06/02/2017	Response to application due on or before 3 p.m., Monday, June 12, 2017.
06/02/2017	Application (16A1191) referred to the Court.
06/09/2017	Motion (16A1190, 16A1191) for leave to file amici brief filed by Association of American Medical Colleges and Others, in support of respondents.
06/09/2017	Motion for leave to file amicus brief filed by American Center for Law and Justice.
06/12/2017	Response to application from respondents Hawaii, et al. filed.
06/12/2017	Motion (16A1190, 16A1191) for leave to file amicus brief filed by The Becket Fund for Religious Liberty in support of neither party.
06/12/2017	Motion (16A1190, 16A1191) for leave to file amici brief filed by Constitutional Law Scholars in support of respondents.
06/12/2017	Motion (16A1190, 16A1191) for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund, Inc. in support of petitioners.
06/12/2017	Motion (16A1190, 16A1191) for leave to file amici brief filed by Former National Security Officials in support of respondents.
06/12/2017	Motion (16A1191) for leave to file amicus brief filed by American Professional Society on Abuse of Children in support of respondents.
06/12/2017	Motion (16A1190, 16A1191) for leave to file amici brief filed by The States of Virginia, et al. in opposition to the stay applications.
06/12/2017	Motion (16A1190, 16A1191) for leave to file amici brief filed by Interfaith Group of Religious and Interreligious Organizations.
06/13/2017	Letter of applicants Donald J. Trump, President of the United States, et al. received. (Distributed)
06/13/2017	Letter of respondents Hawaii, et al. received. (Distributed)
06/13/2017	In consideration of the June 13, 2017 letters received from applicants and respondents, applicants are directed to file a supplemental brief on or before 3 p.m., Thursday, June 15, 2017. Respondents are directed to file a response on or before 12 p.m., Tuesday, June 20, 2017. Applicants are directed to file a reply on or before 12 p.m., Wednesday, June 21, 2017.
06/15/2017	Supplemental brief of applicants Donald J. Trump, President of the United States, et al. filed.
06/20/2017	Response to supplemental brief of respondents Hawaii, et al. filed.
06/21/2017	Reply of applicants Donald J. Trump, President of the United States, et al. filed.
06/26/2017	Petition for a writ of certiorari filed.
06/26/2017	Application (16A1191) and application (16A1190) are GRANTED IN PART. In addition, application (16A1191) is treated as a petition for a writ of certiorari. The petitions for writs of certiorari in 16-1436 and 16-1540 are GRANTED and the cases are consolidated for argument. In addition to the issues identified in the petitions, the parties are directed to address the following question: "Whether the challenges to Sec. 2(c) became moot on June 14, 2017." Justice Thomas, with whom Justice Alito and Justice Gorsuch join, concurring in part and dissenting in part. Opinion per curiam. (Detached Opinion). VIDED.
06/26/2017	The due dates for the briefs on the merits in 16-1436 and 16-1540 are as provided for by Rule 25 of the Rules of this Court. VIDED.
07/15/2017	Motion for clarification filed by petitioners Donald J. Trump, President of the United States, et al.
07/15/2017	Response to motion for clarification due on or before 12 p.m., Tuesday, July 18, 2017.
07/17/2017	Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the petitioners. VIDED
07/18/2017	Response to motion for clarification from respondents Hawaii, et al. filed.
07/18/2017	Motion for leave to file amici curiae brief of Former National Security Officials in opposition to motion for clarification filed. (Distributed)
07/18/2017	Motion for leave to file amici curiae brief of Law Professors in opposition to motion for clarification filed. (Distributed)
07/18/2017	Motion for leave to file amici curiae brief of Members of Congress in opposition to motion for clarification filed. (Distributed)
07/18/2017	Motion for leave to file amici curiae brief of The International Refugee Assistance Project, et al. in opposition to motion for clarification filed. (Distributed)
07/18/2017	Motion for leave to file amici curiae brief of States of New York, et al. in opposition to motion for clarification filed. (Distributed)
07/18/2017	Reply of petitioners Donald J. Trump, President of the United States, et al. on motion for clarification filed.
07/19/2017	The Government’s motion seeking clarification of our order of June 26, 2017, is denied. The District Court order modifying the preliminary injunction with respect to refugees covered by a formal assurance is stayed pending resolution of the Government’s appeal to the Court of Appeals for the Ninth Circuit. Justice Thomas, Justice Alito, and Justice Gorsuch would have stayed the District Court order in its entirety.
07/19/2017	SET FOR ARGUMENT on Tuesday, October 10, 2017. VIDED.
07/20/2017	Letter of respondents Hawaii, et al. received. (Distributed)
07/26/2017	Application (17A132) of Donald J. Trump, President of the United States, et al. to file a consolidated petitioners' brief on the merits and a consolidated reply brief on the merits in excess of the word limits, submitted to The Chief Justice. VIDED.
07/31/2017	Application (17A132) granted by The Chief Justice to file a consolidated petitioners' brief on the merits and a consolidated reply brief on the merits in excess of the word limits. VIDED.
08/01/2017	Record requested from U.S.C.A. 4th Circuit.
08/03/2017	Brief amici curiae of Public Policy Legal Institute and Center for Competitive Politics in support of neither party filed. VIDED.
08/07/2017	Brief amicus curiae of The Criminal Justice Legal Foundation in support of neither party filed. VIDED.
08/08/2017	Motion to add John Doe as a party filed by respondents Hawaii, et al.
08/10/2017	Joint appendix filed (3 volumes). VIDED.
08/10/2017	Brief of petitioners Trump, President of U.S., et al. filed. VIDED.
08/14/2017	CIRCULATED.
08/15/2017	Brief amicus curiae of Professor Victor Williams filed. VIDED. (Distributed)
08/16/2017	Brief amicus curiae of American Center for Law and Justice filed. VIDED. (Distributed)
08/16/2017	Motion for enlargement of time for oral argument and for divided argument filed by respondents. VIDED.
08/17/2017	Brief amici curiae of Texas, et al. filed. VIDED. (Distributed)
08/17/2017	Response to motion to add John Doe as a party filed by petitioners Trump, President of U.S., et al.
08/17/2017	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED. (Distributed)
08/17/2017	Brief amici curiae of Hardwired Global, et al. in support of neither party filed. VIDED. (Distributed)
08/17/2017	Brief amicus curiae of Becket Fund for Religious Liberty in support of neither party filed. VIDED. (Distributed)
08/17/2017	Brief amicus curiae of American Civil Rights Union filed. VIDED. (Distributed)
08/17/2017	Brief amicus curiae of Zionist Organization of America filed. VIDED. (Distributed)
08/17/2017	Brief amici curiae of National Security Experts Andrew C. McCarthy, et al. filed. VIDED. (Distributed)
08/17/2017	Brief amici curiae of Scholars of Mormon History & Law in support of neither party filed. VIDED. (Distributed)
08/17/2017	Brief amici curiae of Citizens United, et al. filed. VIDED. (Distributed)
08/17/2017	Motion for leave to file amicus brief filed by Foundation for Moral Law. VIDED.
08/17/2017	Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. (Distributed)
08/17/2017	Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. (Distributed)
08/17/2017	Brief amici curiae of American Legislators in Support of Judicial Restraint filed. VIDED. (Distributed)
08/22/2017	Reply in support of motion to add John Doe as a party filed by respondents Hawaii, et al.
08/22/2017	Brief amicus curiae of The Roderick and Solange MacArthur Justice Center filed. VIDED. (Distributed)
08/24/2017	Further consideration of the motion of respondents Hawaii, et al. to add John Doe as a party to 16-1540 is deferred to the hearing of the case on the merits. VIDED.
09/05/2017	Brief amici curiae of Interfaith Coalition filed. VIDED. (Distributed)
09/06/2017	Brief amicus curiae of T.A., a United States Citizen of Yemeni Descent filed. VIDED. (Distributed)
09/07/2017	Brief amicus curiae of National CIS Council 119 filed. VIDED. (Distributed)
09/08/2017	Brief amici curiae of Chicago, Los Angeles, et al. filed. VIDED. (Distributed)
09/09/2017	Brief amicus curiae of Cato Institute filed. VIDED. (Distributed)
09/11/2017	Application (17A275) for a stay of mandate.
09/11/2017	Brief of respondents Hawaii, et al. filed. (Distributed)
09/11/2017	IT IS ORDERED that the mandate of the United States Court of Appeals for the Ninth Circuit, case No. 17-16426, is hereby stayed with respect to refugees covered by a formal assurance, pending receipt of a response, due on or before Tuesday, September 12, 2017, by 12 p.m., and further order of the undersigned or of the Court.
09/12/2017	Response to application from respondents Hawaii, et al. filed.
09/12/2017	Brief amici curiae of International Law Scholars and Nongovernmental Organizations filed. VIDED. (Distributed)
09/12/2017	Reply of applicants Trump, President of U.S., et al. filed.
09/12/2017	Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by International Refugee Assistance Project and HIAS, Inc.
09/12/2017	Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by U.S. Committee for Refugees and Immigrants.
09/12/2017	Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Lutheran Immigration and Refugee Service, et al.
09/12/2017	Motion for leave to file amicus brief filed by United States Conference of Catholic Bishops
09/12/2017	Application (17A275) referred to the Court.
09/12/2017	The application for stay of mandate presented to Justice Kennedy and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 17-16426 is stayed with respect to refugees covered by a formal assurance, pending further order of this Court.
09/13/2017	Brief amicus curiae of Freedom from Religion Foundation filed. VIDED. (Distributed)
09/13/2017	Brief amicus curiae of David Boyle filed. VIDED. (Distributed)
09/13/2017	Brief amici curiae of Civil Rights Organizations filed. VIDED. (Distributed)
09/14/2017	Brief amicus curiae of Japanese American Citizens Leaque filed. VIDED. (Distributed)
09/14/2017	Brief amici curiae of Anti-Defamation League, et al. filed. VIDED. (Distributed)
09/14/2017	Brief amicus curiae of Khizr Khan filed. VIDED. (Distributed)
09/14/2017	Brief amici curiae of 37 Appellate Lawyers filed. VIDED. (Distributed)
09/15/2017	Brief amicus curiae of American Jewish Committee filed. VIDED. (Distributed)
09/15/2017	Brief amicus curiae of KARAMAH filed. VIDED. (Distributed)
09/15/2017	Brief amici curiae of Episcopal Bishops filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of International Labor Organizations filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Immigration Family and Constitutional Law Professors filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Professors of Federal Courts Jurisprudence, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of The Foundation for the Children of Iran, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Constitutional Law Scholars Corey Brettschneider, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Pars Equality Center, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Tahirih Justice Center, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amicus curiae of Port of Seattle filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Members of Congress filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Colleges and Universities filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Constitutional Law Scholars Gabriel "Jack" chin, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Members of the Clergy, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amicus curiae of American-Arab Anti-Discrimination Committee filed. VIDED. (Distributed)
09/18/2017	Brief amicus curiae of American Professional Society on the Abuse of Children filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of 161 Technology Companies filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Karen Korematsu, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amicus curiae of International Lawyers for International Law filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Association of Art Museum Directors, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of PEN American Center, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Social Science Scholars filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of American Council on Education, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Muslim Justice League, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Human Rights First, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Immigration Equality, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Former National Security Officials filed. VIDED. (Distributed)
09/18/2017	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. (Distributed)
09/18/2017	Brief amicus curiae of American Bar Association filed. VIDED. (Distributed)
09/18/2017	Brief amicus curiae of Massachusetts Technology Leadership Council, Inc. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of The Association of American Medical Colleges, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Scholars of Federal Jurisdiction filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Certain Immigrant Rights Organizations filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Executive Branch Officials filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Refugee Organizations filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Interfaith Group of Religious and Interreligious Organizations filed. VIDED. (Distributed)
09/18/2017	Brief amicus curiae of Syrian Asylee Ahmad M. filed. VIDED. (Distributed)
09/18/2017	Brief amicus curiae of National Education Association filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Immigration Law Scholars filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of The National Asian Pacific American Bar Association, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amicus curiae of New York University filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Advocates for Human Rights, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Hussam Ayloush, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Howard University Scool of Law Civil Rights Clinic, et al. filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of Janet A. Napolitano and other Former Federal Immigration Officials filed. VIDED. (Distributed)
09/18/2017	Brief amici curiae of States of New York, et al., filed. VIDED. (Distributed)
09/24/2017	Letter of petitioners Donald J. Trump, President of the United States, et al. received. (Distributed). VIDED
09/25/2017	The parties are directed to file letter briefs addressing whether, or to what extent, the Proclamation issued on September 24, 2017, may render cases No. 16-1436 and 16-1540 moot. The parties should also address whether, or to what extent, the scheduled expiration of Sections 6(a) and 6(b) of Executive Order No. 13780 may render those aspects of case No. 16-1540 moot. The briefs, limited to 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before noon, Thursday, October 5, 2017. The cases are removed from the oral argument calendar, pending further order of the Court. VIDED
10/04/2017	Reply of petitioners Donald J. Trump, President of United States, et al. filed. VIDED. (Distributed)
10/05/2017	Supplemental brief of petitioners Trump, President of U.S., et al. filed. VIDED. (Distributed)
10/05/2017	Supplemental brief of respondents Hawaii, et al. filed. (Distributed)
10/05/2017	Letter of respondents Hawaii, et al. filed. (Distributed)
10/24/2017	We granted certiorari in this case to resolve a challenge to the temporary suspension of entry of aliens and refugees under Section 2(c) and Section 6 of Executive Order No. 13,780. Because those provisions of the Order have “expired by [their] own terms,” the appeal no longer presents a “live case or controversy.” Burke v. Barnes, 479 U. S. 361, 363 (1987). Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to dismiss as moot the challenge to Executive Order No. 13,780. United States v. Munsingwear, Inc., 340 U. S. 36, 39 (1950). We express no view on the merits. Justice Sotomayor dissents from the order vacating the judgment below and would dismiss the writ of certiorari as improvidently granted. .
10/24/2017	Letter of petitioners filed. VIDED. (Distributed)
11/27/2017	JUDGMENT ISSUED.