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Donald J. Trump, President of the United States, et al., Appellants v. City of San Jose, California, et al.

Paid petition · United States District Court for the Northern District of California, No. 20-CV-05167-RRC-LHK-EMC, 20-CV-05169-RRC-LHK-EMC · judgment October 22, 2020

GVR'd · December 28, 2020
Pre-decision estimate: 96% cert probability (95% interval 90%–98%)

Before the decision, about 23.2× the 4.1% base rate. The model weighted this up for a direct appeal from a three-judge district court (mandatory jurisdiction), a federal-government petitioner, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Counsel of record

For petitioner
Jeffrey B. Wall
Sullivan & Cromwell LLP

For respondent
Richard P. Bress
Latham & Watkins LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 29 2021
    JUDGMENT ISSUED.
  2. Dec 28 2020
    The judgment is vacated, and the case is remanded to the United States District Court for the Northern District of California with instructions to dismiss for lack of jurisdiction. See Trump v. New York, 592 U. S. ___ (2020) (per curiam). Justice Breyer, joined by Justice Sotomayor and Justice Kagan, dissents for the reasons stated in Trump v. New York, 592 U. S. ___ (2020) (Breyer, J., dissenting).
  3. Dec 07 2020
    Reply of appellants Donald J. Trump, President of the United States, et al. filed. (Distributed)
  4. Dec 02 2020
    DISTRIBUTED for Conference of 1/8/2021.
  5. Nov 30 2020
    Motion to dismiss or affirm filed by appellees State of California, et al. (Distributed)
  6. Nov 25 2020
    Motion to affirm filed by appellees City of San Jose, California, et al.
  7. Nov 24 2020
    Motion For Expedited consideration of the Jurisdictional Statement and Waiver of The 14-day Waiting period for Distribution filed by appellant Donald J. Trump, President of the United States, et al.
  8. Nov 09 2020
    Letter of Donald J. Trump, President of the United States, et al. submitted.
  9. Oct 29 2020
    Statement as to jurisdiction filed. (Response due November 30, 2020)