Trump v. New York

Linked with:

Department of Commerce v. New York

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-366	S.D.N.Y.	Nov 30, 2020	Dec 18, 2020	6-3	Per Curiam	OT 2020

Holding: Because the challengers have not shown standing and because the claims presented are not ripe for adjudication, the district court"s judgment is vacated, and the case is remanded with instructions to dismiss for lack of jurisdiction.

Judgment: Vacated and remanded in a per curiam opinion on December 18, 2020. Justice Breyer filed a dissenting opinion, joined by Justices Sotomayor and Kagan.

SCOTUSblog Coverage

Missed deadline complicates Trumps plan for census data, despite courts ruling that allowed him to move forward (Amy Howe, December 31, 2020)
Opinion analysis: Court tosses challenge to Trumps plan to exclude unauthorized immigrants from congressional reapportionment (Amy Howe, December 18, 2020)
Argument analysis: Justices seem inclined to put off ruling on merits of Trumps plan for census data (Amy Howe, November 30, 2020)
Symposium: A not-at-all disguised attempt to shift power away from Latino voters (Nina Perales, November 28, 2020)
Symposium: Trumps census policy is both fundamentally fair and legally sound (Hans von Spakovsky, November 25, 2020)
Symposium: All foreign nationals should be excluded from apportionment. Thats what the Constitution requires. (John Baker, November 24, 2020)
Case preview: Justices to review Trumps plan to adjust census data used for congressional apportionment (Amy Howe, November 24, 2020)
Symposium: Depoliticizing the census through administrative process (Jennifer Nou, November 24, 2020)
Petitions of the week: Bad Spaniels, false testimony and more (Andrew Hamm, October 16, 2020)
Court fast-tracks census appeal (Amy Howe, October 16, 2020)
Supreme Court grants administrations request to discontinue census count (James Romoser, October 14, 2020)
Government seeks emergency ruling allowing it to end census count early (James Romoser, October 8, 2020)
Trump administration asks court to act quickly on census appeal (Amy Howe, September 22, 2020)

Date	Proceedings and Orders (key to color coding)
09/22/2020	Statement as to jurisdiction filed. (Response due October 22, 2020)
09/22/2020	Motion to expedite consideration of the jurisdictional statement filed by appellants.
09/25/2020	Response to the motion to expedite consideration of the Jurisdictional statement requested. The response is due Monday, September 28, 2020 by noon ET.
09/28/2020	Response to motion from appellee New York, et al. filed.
09/29/2020	Reply in support of motion filed.
09/29/2020	Supplemental brief of appellees New York, et al. filed.
09/30/2020	Appellants’ motion to expedite consideration of the jurisdictional statement is granted in part, and appellees are directed to file a response to the jurisdictional statement on or before 5 p.m. on Wednesday, October 7, 2020.
10/02/2020	Supplemental brief of appellants Donald J. Trump, President of the United States, et al. filed.
10/02/2020	Brief amici curiae of Citizens United, et al. filed.
10/06/2020	Brief amicus curiae of Immigration Reform Law Institute filed.
10/07/2020	Motion to affirm filed by appellees New York et al. (Government Appellees). (Distributed)
10/07/2020	Motion to dismiss or affirm filed by appellees New York Immigration Coalition, et al.
10/09/2020	Supplemental brief of appellees New York Immigration Coalition, et al. filed. (Distributed)
10/13/2020	DISTRIBUTED for Conference of 10/16/2020.
10/13/2020	Reply of appellant Donald J. Trump, President of the United States, et al. filed.
10/16/2020	Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. The case is set for argument on Monday, November 30, 2020. Appellants’ brief on the merits, and any amicus curiae briefs in support of appellants or in support of neither party, shall be filed on or before Friday, October 30, 2020. Appellees’ briefs on the merits, and any amicus curiae briefs in support of appellees, shall be filed on or before Monday, November 16, 2020. The reply brief shall be filed by 2 p.m., Monday, November 23, 2020.
10/20/2020	SET FOR ARGUMENT on Monday, November 30, 2020.
10/27/2020	CIRCULATED
10/28/2020	Blanket Consent filed by Respondent, New York Immigration Coalition, et al.
10/28/2020	Blanket Consent filed by Petitioner, Donald J. Trump, President of the United States, et al.
10/28/2020	Blanket Consent filed by Respondent, New York et al. (Government Appellees)
10/30/2020	Brief of appellants Donald J. Trump, President of the United States, et al. filed. (Distributed)
10/30/2020	Joint appendix filed. (Distributed)
10/30/2020	Brief amicus curiae of Alabama filed. (Distributed)
10/30/2020	Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
10/30/2020	Brief amici curiae of States of Louisiana, et al. filed. (Distributed)
10/30/2020	Brief amicus curiae of Fair Lines America Foundation, Inc. in support of neither party filed. (Distributed)
10/30/2020	Brief amicus curiae of Dr. John S. Baker, Jr. filed. (Distributed)
10/30/2020	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
10/30/2020	Brief amici curiae of Citizens United, Citizens United Foundation, et al. filed. (Distributed)
10/30/2020	Brief amici curiae of U.S. Reps. Morris Jackson “Mo” Brooks, Jr., et al. filed. (Distributed)
11/11/2020	Any motion pertaining to the oral argument in this case shall be filed on or before Monday, November 16, 2020.
11/12/2020	Joint motion for enlargement of time for oral argument and for divided argument filed by appellees.
11/13/2020	Brief amicus curiae of Michael L. Rosin filed. (Distributed)
11/16/2020	Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
11/16/2020	Amicus brief of Local Governments not accepted for filing. (Corrected brief to be filed - November 18, 2020)
11/16/2020	Brief amici curiae of Local Governments filed (11/19/2020). (Distributed)
11/16/2020	Brief of appellees New York, et al. filed. (Distributed)
11/16/2020	Brief of appellees New York Immigration Coalition, et al. filed. (Distributed)
11/16/2020	Brief amici curiae of Faith-Based and Immigrants' Rights Organizations filed. (Distributed)
11/16/2020	Brief amici curiae of City of San Jose, California, et al. filed. (Distributed)
11/16/2020	Brief amicus curiae of United States House of Representatives filed. (Distributed)
11/16/2020	Brief amicus curiae of National Congress of American Indians filed. (Distributed)
11/16/2020	Brief amici curiae of State of California, et al. filed. (Distributed)
11/16/2020	Brief amici curiae of Former Directors of the U.S. Census Bureau filed. (Distributed)
11/16/2020	Brief amici curiae of Businesses and Business Organizations filed. (Distributed)
11/16/2020	Brief amici curiae of Common Cause et al. filed. (Distributed)
11/16/2020	Brief amici curiae of Ilya Somin and Sanford Levinson filed. (Distributed)
11/16/2020	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)
11/16/2020	Brief amicus curiae of Professor Andrew Reamer, Ph.D. filed. (Distributed)
11/16/2020	Brief amici curiae of Historians of the Census filed. (Distributed)
11/16/2020	Brief amici curiae of LatinoJustice PRLDEF And Twelve Amici Curiae filed. (Distributed)
11/16/2020	Brief amici curiae of United States Conference of Catholic Bishops et al. filed. (Distributed)
11/16/2020	Brief amici curiae of Members of Congress filed. (Distributed)
11/16/2020	Brief amici curiae of The League of Women Voters of the United States, et al. filed. (Distributed)
11/20/2020	The joint motion of appellees for enlargement of time for oral argument and for divided argument is GRANTED, and the time is allotted as follows: 40 minutes for the Acting Solicitor General, 20 minutes for the government appellees, and 20 minutes for the private appellees.
11/23/2020	Reply of appellants Donald J. Trump, President of the United States, et al. filed. (Distributed)
11/30/2020	Argued. For appellants: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D. C. For government appellees: Barbara D. Underwood, Solicitor General, New York, N. Y. For private appellees: Dale E. Ho, New York, N. Y.
12/18/2020	Judgment VACATED and case REMANDED. Opinion per curiam. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
01/19/2021	JUDGMENT ISSUED.