Question Presented (AI Summary)
Whether a district court may order discovery outside the administrative record to probe the mental processes of an agency decisionmaker when there is no evidence of improper conduct
Question Presented (OCR Extract)
QUESTION PRESENTED Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. 701 et seq., a district court may order discovery outside the administrative record to probe the mental processes of the agency by compelling the testimony of high-ranking Executive Branch officials —when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis. (I)
Docket Entries
2019-07-30
JUDGMENT ISSUED.
2019-06-28
The case is remanded to the United States Court of Appeals for the Second Circuit with instructions to vacate that court's orders dated September 25, 2018 and October 9, 2018. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-01-30
Motion DISTRIBUTED for Conference of 2/15/2019.
2019-01-29
Reply of respondents to response to motion to dismiss as improvidently granted filed. (Distributed)
2019-01-22
Petitioners' response to motion to dismiss as improvidently granted filed. (Distributed)
2019-01-18
This case is REMOVED FROM THE ARGUMENT CALENDAR for Tuesday, February 19, 2019. The briefing schedule is suspended pending further order of the Court.
2019-01-17
Brief of respondents State of New York, et al. filed (with 1 vol. appendix). (Distributed)
2019-01-17
Joint motion of respondents to dismiss as improvidently granted filed. (Distributed)
2019-01-17
Brief of respondents New York Immigration Coalition, et al. filed. (Distributed)
2019-01-14
Record request from the U.S.C.A. 2nd Circuit is electronic.
2019-01-11
Record requested from the U.S.C.A. 2nd Circuit.
2018-12-24
Brief amicus curiae of Public Interest Legal Foundation filed.
2018-12-21
Brief amici curiae of State of Oklahoma, et al. filed.
2018-12-21
SET FOR ARGUMENT on Tuesday, February 19, 2019.
2018-12-20
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
2018-12-17
Brief of petitioners Department of Commerce, et al. filed.
2018-12-14
Motion to extend the time to file the joint appendix is granted and the time is extended to and including January 4, 2019.
2018-12-12
Motion of petitioners for an extension of time to file the joint appendix filed.
2018-11-26
Letter of petitioners filed.
2018-11-16
The petition for a writ of mandamus is treated as a petition for a writ of certiorari. The petition for certiorari is GRANTED. Petitioners' brief on the merits is to be filed on or before Monday, December 17, 2018. Respondents' brief on the merits is to be filed on or before Thursday, January 17, 2019. The reply brief is to be filed on or before Monday, February 4, 2019. The case is set for oral argument on Tuesday, February 19, 2019.
2018-11-15
Reply of petitioners Department of Commerce, et al. filed.
2018-11-13
Brief of respondents State of New York, et al. and Other Government Plaintiffs in opposition filed.
2018-11-13
Brief of respondents New York Immigration Coalition, et al. in opposition filed.
2018-11-13
Brief amicus curiae of Public Interest Legal Foundation filed.
2018-11-13
Brief amicus curiae of State of California filed.
2018-11-06
The respondents are directed to file a response to the petition on or before 5 p.m., Tuesday, November 13, 2018. Petitioners may file a reply brief on or before 2 p.m., Thursday, November 15, 2018. Amicus curiae briefs may be filed on or before 5 p.m., Tuesday, November 13, 2018.
2018-11-02
Application (18A455) denied by the Court. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application.
2018-11-02
Application (18A455) referred to the Court.
2018-10-29
Application (18A455) for a stay, submitted to Justice Ginsburg.
2018-10-29
Petition for a writ of mandamus filed. (Response due November 28, 2018)
2018-10-22
The application for stay (18A375) presented to JUSTICE GINSBURG and by her referred to the Court is granted in part and denied in part. The application is granted as to the order of the United States District Court for the Southern District of New York dated September 21, 2018, which is stayed through October 29, 2018 at 4 p.m. The application is denied as to the orders of the United States District Court for the Southern District of New York dated July 3,2018 and August 17, 2018.
If the applicants file a petition for a writ of certiorari or a petition for a writ of mandamus with respect to the stayed order by or before October 29, 2018 at 4 p.m., the stay will remain in effect until disposition of such petition by this Court. Should the petition be denied, this stay shall terminate automatically. In the event the petition is granted, the stay shall terminate upon the sending down of the judgment of this Court. The denial of the stay with respect to the remaining orders does not preclude the applicants from making arguments with respect to those orders. Justice Gorsuch, with whom Justice Thomas joins, concurs in part and dissents in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/18pdf/18a375_k536.pdf'>opinion</a>)
2018-10-22
Application (18A375) referred to the Court.
2018-10-17
Motion for leave to file amicus brief filed by California.
2018-10-12
Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Eagle Forum Education & Legal Defense Fund.
2018-10-12
Reply of applicants United States Department of Commerce, et al. filed.
2018-10-11
Response to application from respondent New York Immigration Coalition, et al. filed.
2018-10-11
Response to application from respondent New York, et al. filed.
2018-10-10
Letter of applicants received.
2018-10-09
UPON CONSIDERATION of the application of counsel for the applicants,
IT IS ORDERED that the orders of the United States District Court for the Southern District of New York, dated July 3, 2018, August 17, 2018, and September 21, 2018, are stayed pending receipt of a response, due on or before October 11, 2018, by 4 p.m., and further order of Justice Ginsburg or of the Court.
2018-10-09
Application (18A375) for a stay, submitted to Justice Ginsburg.
2018-10-05
Application (18A350) denied by Justice Ginsburg. The application is denied without prejudice, provided that the Court of Appeals will afford sufficient time for either party to seek relief in this Court before the depositions in question are taken.
2018-10-03
Application (18A350) for a stay, submitted to Justice Ginsburg.
Attorneys
Department of Commerce, et al.
Eagle Forum Education & Legal Defense Fund
New York Immigration Coalition, et al.
Public Interest Legal Foundation
State of New York, eighteen other States, fourteen other Governmental entities, and the U.S. Conference of Mayors