Trump v. International Refugee Assistance Project
The judgment is vacated, and the case is remanded to the United States Court of Appeals for the 4th Circuit with instructions to dismiss as moot, on October 10, 2017.
Linked with:
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
- OT2017 #4: "Wind, Diabetes & Voluntary Retirement" (First Mondays, October 30, 2017)
- OT2017 #3: Nowheresville (ft. Nina Totenberg) (First Mondays, October 16, 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 Recess #4: "Stone Soup" (First Mondays, September 11, 2017)
- In Recess #3: "Third Class Webelo" (First Mondays, August 14, 2017)
- Court releases October calendar (Amy Howe, July 20, 2017)
- Academic highlight: Shaw on presidential speech and the courts (Amanda Frost, July 17, 2017)
- Symposium: What would Hippocrates do? (Frank Trinity, July 14, 2017)
- Symposium: The stays a practical victory, a legal concern (Lee Rudofsky, 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)
- Hawaii to Supreme Court: No need to review travel ban (Amy Howe, June 21, 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 |
|---|---|
| 06/01/2017 | Petition for a writ of certiorari filed. |
| 06/01/2017 | Application (16A1190) for a stay pending the disposition of the petition for a writ of certiorari, submitted to The Chief Justice. |
| 06/02/2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner. |
| 06/02/2017 | The respondents are directed to file a response to the petition for a writ of certiorari on or before 3 p.m., Monday, June 12, 2017. |
| 06/02/2017 | Response to application due on or before 3 p.m., Monday, June 12, 2017. |
| 06/02/2017 | Application (16A1190) referred to the Court. |
| 06/05/2017 | Brief amici curiae of The States of Texas, et al. filed. |
| 06/09/2017 | Brief amici curiae of Public Policy Legal Institute, et al. filed. |
| 06/09/2017 | Brief amicus curiae of T.A. in support of respondent filed. |
| 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 (16A1190, 16A1191) for leave to file amici brief filed by American Center for Law and Justice in support of petitioners. |
| 06/09/2017 | Brief amici curiae of Association of American Medical Colleges and Others in support of respondents filed. |
| 06/09/2017 | Brief amicus curiae of Susan Abeles in support of neither party filed. |
| 06/09/2017 | Brief amicus curiae of American Center for Law and Justice in support of petitioners filed. |
| 06/09/2017 | Motion (16A1190) for leave to file amicus brief filed by American Center for Law and Justice in support of petitioners. |
| 06/10/2017 | Brief amicus curiae of David Boyle in support neither party filed. |
| 06/12/2017 | Brief of respondents International Refugee Assistance Project, et al. in opposition filed. |
| 06/12/2017 | Response to application from respondents International Refugee Assistance Project, et al. filed. |
| 06/12/2017 | Motion for leave to file amici brief filed by Citizens United, et al. in support of petitioners. |
| 06/12/2017 | Motion for leave to file amicus brief filed by The Becket Fund for Religious Liberty in support of neither party. |
| 06/12/2017 | Brief amicus curiae of Southeastern Legal Foundation filed. |
| 06/12/2017 | Motion for leave to file amici brief filed by Constitutional Law Scholars in support of respondents. |
| 06/12/2017 | Motion for leave to file amici brief filed by The States of New York, et al. 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 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 The States of Virginia, et al.in opposition to the stay applications. |
| 06/12/2017 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed in support of petitioners. |
| 06/12/2017 | Motion (16A1190) for leave to file amici brief filed by Citizens United, et al. |
| 06/12/2017 | Motion (16A1190, 16A1191) for leave to file amici brief filed by Interfaith Group of Religious and Interreligious Organizations. |
| 06/12/2017 | Motion (16A1191) for leave to file amicus brief filed by American Professional Society on the Abuse of Children in support of respondents. |
| 06/12/2017 | Motion (16A1190, 16A1191) for leave to file amici brief by Former National Security Officials in support of respondents. |
| 06/12/2017 | Motion (16A1190, 16A1191) for leave to file amici brief filed by Constitutional law scholars in support respondents. |
| 06/12/2017 | Motion (16A1190, 16A1191) for leave to file amici brief filed Former National Security Officials in support respondents. |
| 06/12/2017 | Motion for leave to file amicus brief filed by Immigration Reform Law Institute. |
| 06/14/2017 | Reply of petitioners Donald J. Trump, President of the United States, et al. filed. |
| 06/14/2017 | Reply of applicants Donald J. Trump, President of the United States, et al. filed. |
| 06/20/2017 | Supplemental brief of respondents International Refugee Assistance Project, et al. filed. |
| 06/24/2017 | Letter of respondents International Refugee Assistance Project, et al. received. (Distributed) |
| 06/25/2017 | Letter of petitioners Donald J. Trump, President of the United States, et al. received. (Distributed) |
| 06/26/2017 | Application (16A1190) and application (16A1191) 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. |
| 06/27/2017 | Motion for leave to file amicus brief filed by Immigration Reform Law Institute GRANTED. |
| 06/27/2017 | Motion for leave to file amicus brief filed by Citizens United, et al. GRANTED. |
| 06/27/2017 | Motion for leave to file amicus brief filed by The States of New York, et al. GRANTED. |
| 06/27/2017 | Motion for leave to file amicus brief filed by Constitutional Law Scholars GRANTED. |
| 06/27/2017 | Motion for leave to file amicus brief filed by The Becket Fund for Religious Liberty GRANTED. |
| 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 |
| 07/19/2017 | SET FOR ARGUMENT on Tuesday, October 10, 2017. VIDED. |
| 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 the 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. |
| 08/10/2017 | 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 | Motion for leave to file amicus brief filed by Foundation for Moral Law. VIDED. |
| 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 Eagle Forum Education & Legal Defense Fund 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 | 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 | Brief amicus curiae of 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) |
| 09/08/2017 | Motion to add Mohamad Mashta and Grannaz Amirjamshidi as parties filed by respondents Int'l Refugee Assistance, et al. |
| 09/09/2017 | Brief amicus curiae of Cato Institute filed. VIDED. (Distributed) |
| 09/11/2017 | Brief of respondents Int'l Refugee Assistance, et al. filed. (Distributed) |
| 09/12/2017 | Brief amici curiae of International Law Scholars and Nongovernmental Organizations filed. VIDED. (Distributed) |
| 09/13/2017 | Brief amicus curiae of Freedom from Religion Foundation filed. VIDED. (Distributed) |
| 09/13/2017 | Brief amici curiae of Civil Rights Organizations filed. VIDED. (Distributed) |
| 09/13/2017 | Brief amicus curiae of David Boyle filed. VIDED. (Distributed) |
| 09/13/2017 | Brief amicus curiae of Decalogue Society of Lawyers filed. (Distributed) |
| 09/14/2017 | Brief amici curiae of Anti-Defamation League, et al. filed. VIDED. (Distributed) |
| 09/14/2017 | Brief amicus curiae of Japanese American Citizens League 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 Constitutional Law Scholars Gabriel "Jack" Chin, 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 States of New York, et al., 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 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 amici curiae of Immigration, Family, and Constitutional Law Professors 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 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 Interreligous 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 School 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) |
| 09/19/2017 | Response to motion of respondents to add Mohamad Mashta and Grannaz Amirjamshidi as parties filed from petitioners Trump, President of U.S., et al. filed. |
| 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 Int'l Refugee Assistance, et al. filed. (Distributed) |
| 10/10/2017 | We granted certiorari in this case to resolve a challenge to “the temporary suspension of entry of aliens abroad under Section 2(c) of Executive Order No. 13,780.” Because that provision of the Order “expired by its own terms” on September 24, 2017, 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 Fourth 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) |
| 11/14/2017 | JUDGMENT ISSUED. |