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Donald J. Trump, President of the United States, et al. v. National Association for the Advancement of Colored People, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-5243

Decided · June 18, 2020

Pre-decision estimate: 69% cert probability (95% interval 53%–81%)

Before the decision, about 16.7× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a D.C. Circuit decision below.

Questions presented

Consolidated with 18-587. This dispute concerns the policy of immigration enforcement discretion known as Deferred Action for Childhood Arrivals (DACA). In 2016, this Court affirmed, by an equally divided Court, a decision of the Fifth Circuit holding that two related Department of Homeland Security (DHS) discretionary enforcement policies, including an expansion of the DACA policy, were likely unlawful and should be enjoined. See United States v. Texas, 136 S. Ct. 2271 (per curiam). In September 2017, DHS determined that the original DACA policy was unlawful and would likely be struck down by the courts on the same grounds as the related policies. DHS thus instituted an orderly wind-down of the DACA policy. The questions presented are as follows:

Whether DHS's decision to wind down the DACA policy is judicially reviewable.
Whether DHS's decision to wind down the DACA policy is lawful.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Lindsay C. Harrison
Jenner & Block, LLP

Case

Conference history
Distributed for 5 conferences

Amicus briefs
1 cert-stage

Related
Vide, 18-587, 18-589

Argument & decision

Argued November 12, 2019 — Noel J. Francisco · Theodore B. Olson · Michael J. Mongan. Audio and transcript

Decided June 18, 2020. Opinion by Roberts, C.J..

Proceedings

Jul 20 2020
JUDGMENT ISSUED.
Jun 18 2020
Adjudged to be AFFIRMED and REMANDED (No. 18-587 Vacated in Part, Reversed in Part, and Remanded, and No. 18-589 February 13, 2018 order Vacated, November 9, 2017 order Affirmed in Part, March 29, 2018 order Reversed in Part, and case Remanded). Roberts, C. J., delivered the opinion of the Court, except as to Part IV. Ginsburg, Breyer, and Kagan, JJ., joined that opinion in full, and Sotomayor, J., joined as to all but Part IV. Sotomayor, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Alito and Gorsuch, JJ., joined. Alito, J., and Kavanaugh, J., filed opinions concurring in the judgment in part and dissenting in part. VIDED.
Nov 12 2019
Argued. For petitioners: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For private respondents: Theodore B. Olson, Washington, D. C. For state respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal. VIDED.
Sep 20 2019
Record received from the U.S.C.A. District of Columbia Circuit, is electronic
Sep 16 2019
Record requested from the U.S.C.A. District of Columbia Circuit.
Sep 03 2019
CIRCULATED
Jul 08 2019
SET FOR ARGUMENT on Tuesday, November 12, 2019. VIDED
Jul 01 2019
Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-587. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-587. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jun 28 2019
Petition for a writ of certiorari before judgment GRANTED. The petition for a writ of certiorari in No. 18-587 and the petition for a writ of certiorari before judgment in No. 18-589 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jun 26 2019
DISTRIBUTED for Conference of 6/27/2019.
Jun 17 2019
DISTRIBUTED for Conference of 6/20/2019.
Jun 10 2019
DISTRIBUTED for Conference of 6/13/2019.
Jan 14 2019
DISTRIBUTED for Conference of 1/18/2019.
Jan 04 2019
Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)
Dec 26 2018
DISTRIBUTED for Conference of 1/11/2019.
Dec 26 2018
Letter waiving the 14-day waiting period under Rule 15.5 filed.
Dec 17 2018
Brief of respondents Trustees of Princeton University, Microsoft Corporation, Maria De La Cruz Perales Sanchez in opposition filed.
Dec 06 2018
Brief amici curiae of The States of Texas, et al. filed. VIDED.
Dec 03 2018
Motion to extend the time to file a response is granted in part; the time is extended to and including December 17, 2018, for all respondents.
Nov 30 2018
Motion to extend the time to file a response from December 5, 2018 to January 4, 2019, submitted to The Clerk.
Nov 27 2018
Letter of November 27, 2018 from the Solicitor General with respect to corrected supplemental brief of petitioners filed in case No. 18-587 filed. (11/28/2018)
Nov 05 2018
Petition for a writ of certiorari before judgment filed. (Response due December 5, 2018)