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United States v. California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16496 · judgment April 18, 2019

Certiorari denied · June 15, 2020
Pre-decision estimate: 46% cert probability (95% interval 36%–56%)

Before the decision, about 11× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Ninth Circuit decision below.

Question presented

Whether provisions of California law that, with certain limited exceptions, prohibit state law-enforcement officials from providing federal immigration authorities with release dates and other information about individuals subject to federal immigration enforcement, and restrict the transfer of aliens in state custody to federal immigration custody, are preempted by federal law or barred by intergovernmental immunity. (I)

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Aimee Athena Feinberg
California Department of Justice

Case

Conference history
Distributed for 14 conferences

Amicus briefs
3 cert-stage

Linked docket
19A295

Proceedings

  1. Jun 15 2020
    Petition DENIED. Justice Thomas and Justice Alito would grant the petition for a writ of certiorari.
  2. Jun 08 2020
    DISTRIBUTED for Conference of 6/11/2020.
  3. Jun 01 2020
    DISTRIBUTED for Conference of 6/4/2020.
  4. May 22 2020
    DISTRIBUTED for Conference of 5/28/2020.
  5. May 18 2020
    DISTRIBUTED for Conference of 5/21/2020.
  6. May 11 2020
    DISTRIBUTED for Conference of 5/15/2020.
  7. Apr 27 2020
    DISTRIBUTED for Conference of 5/1/2020.
  8. Apr 20 2020
    DISTRIBUTED for Conference of 4/24/2020.
  9. Apr 13 2020
    DISTRIBUTED for Conference of 4/17/2020.
  10. Mar 30 2020
    DISTRIBUTED for Conference of 4/3/2020.
  11. Mar 23 2020
    DISTRIBUTED for Conference of 3/27/2020.
  12. Mar 16 2020
    DISTRIBUTED for Conference of 3/20/2020.
  13. Mar 03 2020
    DISTRIBUTED for Conference of 3/6/2020.
  14. Jan 13 2020
    DISTRIBUTED for Conference of 1/17/2020.
  15. Jan 02 2020
    Reply of petitioner United States filed. (Distributed)
  16. Dec 23 2019
    DISTRIBUTED for Conference of 1/10/2020.
  17. Dec 20 2019
    Brief of respondents State of California, et al. in opposition filed.
  18. Dec 19 2019
    Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
  19. Nov 22 2019
    Brief amici curiae of California Municipalities and Elected Officials filed.
  20. Nov 22 2019
    Brief amicus curiae of National Sheriffs' Association filed.
  21. Nov 22 2019
    Brief amicus curiae of Southeastern Legal Foundation filed.
  22. Nov 07 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2019.
  23. Nov 05 2019
    Motion to extend the time to file a response from November 22, 2019 to December 23, 2019, submitted to The Clerk.
  24. Oct 22 2019
    Petition for a writ of certiorari filed. (Response due November 22, 2019)
  25. Sep 14 2019
    Application (19A295) granted by Justice Kagan extending the time to file until October 24, 2019.
  26. Sep 13 2019
    Application (19A295) to extend the time to file a petition for a writ of certiorari from September 24, 2019 to October 24, 2019, submitted to Justice Kagan.
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