Trump v. Hawaii

Docket No.	Argument	Opinion	Vote	Author	Term
17-965	Apr 25, 2018	Jun 26, 2018	5-4	Roberts	OT 2017

Holding: The president has lawfully exercised the broad discretion granted to him under 8 U. S. C. "1182(f) to suspend the entry of aliens into the United States; respondents have not demonstrated a likelihood of success on the merits of their claim that Presidential Proclamation No. 9645 violates the establishment clause.

Judgment: Reversed and remanded, 5-4, in an opinion by Chief Justice Roberts on June 26, 2018. Justice Kennedy and Justice Thomas filed concurring opinions. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.

SCOTUSblog Coverage

In Recess #7: "Robot Ban" (First Mondays, July 30, 2018)
The Annual: OT2017 in Review (First Mondays, July 9, 2018)
OT2017 #31: "Old Paella" (First Mondays, July 2, 2018)
Symposium: Trump v. Hawaii -- Korematsus ghost and national-security masquerades (Harold Hongju Koh, June 28, 2018)
Symposium: Navigating animus and accommodation (Kristen Waggoner, June 27, 2018)
Symposium: Repudiating the judicial coup dtat (John Eastman, June 27, 2018)
Symposium: What might Trump v. Hawaii portend for states in establishment clause cases? (Thomas Fisher, June 26, 2018)
Symposium: Reflections on the travel ban decision (Shoba Sivaprasad Wadhia, June 26, 2018)
A "view" from the courtroom: The "court of history" is in session (Mark Walsh, June 26, 2018)
Opinion analysis: Divided court upholds Trump travel ban (Updated) (Amy Howe, June 26, 2018)
OT2017 #23: "After Dark" (First Mondays, April 30, 2018)
A "view" from the courtroom: An audience of luminaries for the final argument of the term (Mark Walsh, April 25, 2018)
Argument analysis: Travel ban seems likely to survive Supreme Courts review (Amy Howe, April 25, 2018)
OT2017 #22: Cf. Everything (First Mondays, April 23, 2018)
Argument preview: Travel-ban challenge returns (Amy Howe, April 19, 2018)
Academic highlight: The debate over nationwide injunctions (Amanda Frost, February 1, 2018)
Justices to review travel ban challenge (Amy Howe, January 19, 2018)
OT2017 #11: "Numbing Effect" (First Mondays, January 15, 2018)
Trump administration returns to Supreme Court on travel ban (Amy Howe, January 6, 2018)
Justices allow full travel ban to go into effect while government appeals (Amy Howe, December 4, 2017)
Challengers respond in latest travel-ban dispute (Amy Howe, November 28, 2017)
Trump administration asks Supreme Court to intervene in travel-ban dispute (UPDATED Tuesday, 12:07 p.m. and 6:46 p.m.) (Amy Howe, November 21, 2017)

Date	Proceedings and Orders (key to color coding)
11/20/2017	Application (17A550) for a stay pending appeal, submitted to Justice Kennedy.
11/21/2017	Response to application due on or before 12 p.m., Tuesday, November 28, 2017.
11/22/2017	Motion (17A550) for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by the State of Texas, et al.
11/28/2017	Response to application from respondents Hawaii, et al. filed.
11/28/2017	Motion (17A550) for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by the State of New York, et al.
11/30/2017	Reply of applicants Donald J. Trump, President of the United States, et al. filed.
12/04/2017	Application (17A550) referred to the Court.
12/04/2017	Application (17A550) granted by the Court. The application for a stay presented to Justice Kennedy and by him referred to the Court is granted, and the District Court’s October 20, 2017 order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment. In light of its decision to consider the case on an expedited basis, we expect that the Court of Appeals will render its decision with appropriate dispatch. Justice Ginsburg and Justice Sotomayor would deny the application.
01/05/2018	Petition for a writ of certiorari filed. (Response due February 5, 2018)
01/08/2018	DISTRIBUTED for Conference of 1/19/2018.
01/12/2018	Brief of respondents State of Hawaii, et al. in opposition filed. (Distributed)
01/16/2018	Reply of petitioner Donald J. Trump, President of the United States, et al. filed. (Distributed)
01/19/2018	Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue Question 3 presented by the brief in opposition.
01/25/2018	Blanket Consent filed by Petitioners, Donald J. Trump, President of the United States, et al..
02/05/2018	Application (17A824) for leave to file the brief of petitioners, brief of respondents, and the reply brief on the merits in excess of the word limits, submitted to Justice Kennedy.
02/08/2018	Application (17A824) granted by Justice Kennedy for leave to file the brief of petitioners, brief of respondents, and the reply brief on the merits in excess of the word limits.
02/21/2018	Joint appendix filed.
02/21/2018	Brief of petitioners Donald J. Trump, President of the United States, et al. filed.
02/22/2018	Brief amicus curiae of Great Lakes Justice Center filed.
02/23/2018	SET FOR ARGUMENT on Wednesday, April 25, 2018.
02/23/2018	Brief amici curiae of Christian Legal Society and National Association of Evangelicals in support of neither party filed.
02/26/2018	Brief amicus curiae of Foundation for Moral Law filed.
02/27/2018	Brief amicus curiae of Liberty, Life, and Law Foundation filed.
02/27/2018	Brief amici curiae of National Security Experts filed.
02/28/2018	Brief amici curiae of States of Texas, et al. filed.
02/28/2018	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
02/28/2018	Brief amicus curiae of American Center for Law and Justice filed.
02/28/2018	Brief amicus curiae of Alliance Defending Freedom in support of neither party filed.
02/28/2018	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
02/28/2018	Brief amicus curiae of Immigration Reform Law Institute filed.
02/28/2018	Brief amici curiae of Citizens United, et al. filed.
02/28/2018	Brief amicus curiae of American Civil Rights Union filed.
02/28/2018	Brief amicus curiae of Southeastern Legal Foundation filed.
02/28/2018	Brief amicus curiae of Zionist Organization of America filed.
02/28/2018	Letter of respondents State of Hawaii, et al. filed. (Distributed)
03/07/2018	CIRCULATED
03/08/2018	Brief amici curiae of Scholars of Mormon History and Law in Support of Neither Party filed. (Distributed)
03/12/2018	Brief amicus curiae of Becket Fund for Religious Liberty in Support of Neither Party filed. (Distributed)
03/23/2018	Brief amicus curiae of The Cato Institute filed. (Distributed)
03/23/2018	Brief of respondents State of Hawaii, et al. filed. (Distributed)
03/23/2018	Brief amicus curiae of Khizr Khan filed. (Distributed)
03/26/2018	Brief amici curiae of Immigration Equality and Others In Support of Respondents filed. (Distributed)
03/26/2018	Brief amici curiae of William Webster, et al. filed. (Distributed)
03/26/2018	Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed. (Corrected brief to be submitted and filed).
03/26/2018	Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed. (Distributed)
03/27/2018	Brief amici curiae of 36 Appellate Lawyers filed. (Distributed)
03/27/2018	Brief amici curiae of Association of American Medical Colleges and Others filed. (Distributed)
03/27/2018	Brief amici curiae of Former Executive Branch Officials filed. (Distributed)
03/28/2018	Brief amici curiae of National League of Cities, et al. filed. (Distributed)
03/28/2018	Motion of Becket Fund for Religious Liberty in support of neither party for enlargement of time for oral argument and for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/29/2018	Brief amici curiae of Civil Rights Organizations filed. (Distributed)
03/29/2018	Brief amici curiae of American Counsel on Education and 32 Other Higher Education Associations filed. (Distributed)
03/29/2018	Brief amici curiae of Labor Organizations filed. (Distributed)
03/29/2018	Brief amici curiae of National Immigrant Justice Center and The American Immigration Lawyers Association filed. (Distributed)
03/29/2018	Brief amici curiae of Muslim Justice League, Muslim Public Affairs Council, Islamic Circle of North America Council for Social Justice, MPower Change, Justice for Muslims Collective, and Partnership for Advancement of New Americans filed. (Distributed)
03/30/2018	Record requested from the U.S.C.A. 9th Circuit.
03/30/2018	Brief amici curiae of Mickey Edwards and Einer R. Elhauge filed. (Distributed)
03/30/2018	Brief amici curiae of Members of Congress filed. (Distributed)
03/30/2018	Brief amici curiae of Karen Korematsu, Jay Hirabayashi, Holly Yasui, The Fred T. Korematsu Center for Law and Equality, Civil Rights Organizations, and National Bar Associations of Color filed. (Distributed)
03/30/2018	Brief amici curiae of Immigration, Family, and Constitutional Law Professors filed. (Distributed)
03/30/2018	Brief amici curiae of PEN America, et al. filed. (Distributed)
03/30/2018	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)
03/30/2018	Brief amicus curiae of American Jewish Committee filed. (Distributed)
03/30/2018	Brief amici curiae of Retired Generals and Admirals of the U.S. Armed Forces filed. (Distributed)
03/30/2018	Brief amici curiae of Anti-Defamation League, Jewish Council for Public Affairs, T'Ruah, Union for Reform Judaism, Central Conference of American Rabbis, and Women of Reform Judaism filed. (Distributed)
03/30/2018	Brief amici curiae of Pars Equality Center, Iranian American Bar Association, and Public Affairs Alliance of Iranian Americans, Inc. filed. (Distributed)
03/30/2018	Brief amici curiae of Tahirih Justice Center, et al. filed. (Distributed)
03/30/2018	Brief amici curiae of National Asian Pacific American Bar Association and Others filed. (Distributed)
03/30/2018	Brief amici curiae of Immigration Law Scholars on the Text and Structure of the Immigration, and Nationality Act filed. (Distributed)
03/30/2018	Brief amici curiae of States of New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, and Washington, and the District of Columbia filed. (Distributed)
03/30/2018	Brief amici curiae of International Law Scholars and Nongovernmental Organizations filed. (Distributed)
03/30/2018	Brief amici curiae of Eblal Zakzok, et al. filed. (Distributed)
03/30/2018	Brief amici curiae of Professors of Federal Courts Jurisprudence, Constitutional Law, and Immigration Law filed. (Distributed)
03/30/2018	Brief amici curiae of International Refugee Assistance Project, et al. filed. (Distributed)
03/30/2018	Brief amicus curiae of Japanese American Citizens League filed. (Distributed)
03/30/2018	Brief amici curiae of The Association of Art Museum Directors, The American Alliance of Museums, The Association of Academic Museums and Galleries, The College Art Association of America, 112 Art Museums filed. (Distributed)
03/30/2018	Brief amicus curiae of Plaintiffs in Iranian Alliances Across Borders v. Trump filed. (Distibuted)
03/30/2018	Brief amicus curiae of Massachusetts Technology Leadership Council, Inc. filed. (Distributed)
03/30/2018	Brief amici curiae of Evan McMullin, Anne Applebaum, Max Boot, Linda Chavez, Eliot Cohen, Mindy Finn, Juleanna Glover, Norman Ornstein, Michael Steele, Charlie Sykes, and Jerry Taylor filed. (Distributed)
03/30/2018	Brief amici curiae of Colleges and Universities filed. (Distributed)
03/30/2018	Brief amici curiae of Federal Courts Scholars filed. (Distributed)
03/30/2018	Brief amici curiae of Janet A. Napolitano, et al. filed. (Distributed)
03/30/2018	Brief amicus curiae of Freedom From Religion Foundation filed. (Distributed)
03/30/2018	Brief amici curiae of Scholars of Immigration Law filed. (Distributed)
03/30/2018	Brief amicus curiae of Interfaith Group of Religious and Interreligious Organizations filed (to be reprinted 3/30/18).
03/30/2018	Brief amici curiae of Certain Immigrant Rights Organizations filed. (Distributed)
03/30/2018	Brief amicus curiae of American-Arab Anti-Discrimination Committee filed. (Distributed)
03/30/2018	Brief amici curiae of Constitutional Law Scholars filed. (Distributed)
03/30/2018	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. (Distributed)
03/30/2018	Brief amicus curiae of New York University filed. (Distributed)
03/30/2018	Brief amici curiae of National Association of Muslim Lawyers and Other Muslim Bar Associations filed. (Distributed)
03/30/2018	Brief amici curiae of City of Chicago et al. filed. (Distributed)
03/30/2018	Brief amici curiae of Episcopal Bishops filed. (Distributed)
03/30/2018	Brief amici curiae of U.S. Companies filed. (Distributed)
03/30/2018	Brief amicus curiae of American Bar Association filed. (Distributed)
03/30/2018	Motion for leave to file amicus brief filed by David Boyle. (Distributed)
03/30/2018	Brief amici curiae of Interfaith Group of Religious and Interreligious Organizations filed (corrected filing). (Distributed)
03/30/2018	Brief amici curiae of Former National Security Officials filed. (Distributed)
04/02/2018	Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER, with the exception of one document that is SEALED and electronic.
04/02/2018	Brief amici curiae of Constitutional Law Scholars in Support of Respondents filed. (Distributed)
04/02/2018	Motion of Former National Security Officials for leave to file amicus brief not accepted for filing. (April 04, 2018)
04/13/2018	Motion of The Becket Fund for Religious Liberty for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
04/18/2018	Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)
04/23/2018	Motion for leave to file amicus brief filed by David Boyle GRANTED.
04/25/2018	Argued. For petitioners: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For respondents: Neal K. Katyal, Washington, D. C.
05/01/2018	Letter of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)
05/01/2018	Letter from amici curiae Pars Equality Center, et al., filed. (Distributed).
06/26/2018	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Alito, and Gorsuch, JJ., joined. Kennedy, J., and Thomas, J., filed concurring opinions. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined.
07/30/2018	JUDGMENT ISSUED.