Two parts to this: the public charge rulemaking and the challenges to the final regulations; and the health coverage proclamation.
Public Charge
Public Charge Rulemaking
Proposed regulations, 83 Fed.Reg. 51114 (Oct. 10, 2018)
Final regulations, 84 Fed.Reg. 41292 (Aug. 14, 2019)
Northern California
City and County of San Francisco v. U.S. C.I.S., No. 4:19-cv-4717 (N.D. Cal.)
Complaint, August 13, 2019
California v. U.S. Dep’t of Homeland Security, No. 4:19-cv-4975 (N.D. Cal.)
Complaint, August 16, 2019
Public Charge Complaint Northern California
La Clinica de la Raza v. Trump, No. 4:19-cv-4980 (N.D. Cal.)
Complaint, August 16, 2019
State’s motion for preliminary injunction, August 26, 2019
Justice in Aging proposed amicus, September 9, 2019
ACLU/CPR/NDRN proposed amicus, September 11, 2019
Order granting amicus motions, September 11, 2019
US preliminary injunction opposition, September 13, 2019
American Academy of Pediatrics/AMA amicus, September 13, 2019
Order denying amicus motions, September 16, 2019
Counties’ reply supporting preliminary injunction, September 20, 2019
State’s reply supporting preliminary injunction, September 20, 2019
Nongovernmental plaintiffs’ reply supporting preliminary injunction, September 20, 2019
Notice of corrected rule, October 1, 2019
Minute entry re oral argument, October 2, 2019
Plaintiffs’ notice re record evidence of harms, October 4, 2019
Plaintiffs’ proposal for injunction, October 7, 2019
US language for injunction, October 7, 2019
Preliminary injunction, October 11, 2019
Motion for stay pending appeal, with declaration and proposed order, October 25, 2019
Notice of appeal, October 30
Ninth Circuit # 19-17213
Ninth Circuit scheduling order, November 1, 2019
Plaintiffs’ opposition to motion for stay pending appeal, November 8, 2019
US waiver of right to reply, request for ruling by November 14, November 8, 2019
Joint motion to revise briefing schedule, November 15, 2019
Emergency motion for injunction pending appeal, November 15, 2019
Scheduling order, November 20, 2019
Response to emergency motion, November 22, 2019
Deans amicus, November 22, 2019
NHLP, etc., amicus, November 22, 2019
Reply supporting stay pending appeal, November 26, 2019
US opening brief, December 4, 2019
Ninth Circuit stay order, December 5, 2019
District court order terminating motion for stay as moot, December 6, 2019
Immigration Law Reform Institute amicus, December 13, 2019
Immigrant and healthcare service organizations amicus, December 27, 2019
9C recon immigrant and healthcare orgz amicus
9C recon immigrant and healthcare orgz amicus brief
20 counties amicus, December 30, 2019
9C 20 counties recon amicus 19-17213_Documents
Parties’ proposal for trial level stay, January 8, 2020
US opposition to reconsideration of stay order, January 10, 2010
9C US op to reconsideration of stay order
Trial level stay order, January 10, 2020
Appellees’ brief, January 16, 2020
Appellees’ motion for initial en banc consideration, January 16, 2020
Justice in Aging amicus, January 17, 2020
Legal Historians amicus, January 23, 2020
NCLC amicus, January 23, 2020
Institute for Policy Integrity amicus, January 23, 2020
9C institute for policy integrity amicus
Public Justice Center amicus, January 23, 2020
9C public justice center amicus
Nonprofit anti DV and sexual assault organizations amicus, January 23, 2020
National Housing Law Project amicus, January 23, 2020
Center for Reproductive Rights amicus, January 23, 2020
9C Center for Reproductive Rights amicus
US House amicus, January 23, 2020
California state ass’n of counties amicus, January 23, 2020
9C Calif State Assn of Counties amicus
Immigration Law Professors amicus, January 23, 2020
9C Immigration Law Professors amicus
Asian Americans Advancing Justice amicus, January 23, 2020
9C Asian Americans Advancing Justice amicus
Public Health, etc., Deans, Chairs, and Scholars amicus, January 23, 2020
Fiscal Policy Institute amicus, January 23, 2020
American Academy of Pediatrics amicus, January 23, 2020
105 Businesses and Organizations amicus, January 23, 2020
Northern Illinois
Cook County v. McAleenan, No. 1:19-cv-6334 (N.D. Ill.)
Complaint, September 23, 2019
TRO/PI motion, September 25, 2019
US opposition to preliminary injunction, October 8, 2019
Reply supporting preliminary injunction, October 10, 2019
Hearing set for 1 pm, October 11
US supplemental opposition to preliminary injunction, October 13, 2019
Plaintiffs’ supplemental memo supporting preliminary injunction, October 13, 2019
Preliminary injunction, October 14, 2019
Motion to stay pending appeal, notice, motion, memo, declaration, October 25, 2019
Minute order/scheduling, October 30, 2019
26(f) status report, October 30, 2019
Notice of appeal, October 30, 2019
Opposition to motion for stay, November 6, 2019
Minute order denying stay pending appeal motion, November 14, 2019
US motion for stay pending appeal, November 15, 2019
7C US motion for stay pending appeal
Order requesting response by 12/3, November 19, 2019
Plaintiffs’ opposition to motion for stay pending appeal, December 3, 2019
Plaintiffs’ motion to authorize discovery on equal protection claim, December 5, 2019
Defendants’ opposition to discovery and memo supporting stay, December 5, 2019
Defendants’ notice re Ninth Circuit orders, December 5, 2019
US reply supporting stay, December 10, 2019
US opening brief, December 10, 2019
Immigration Reform Law Institute amicus, December 17, 2019
US response to discovery motion, December 19, 2019
Plaintiffs’ reply supporting discovery motion, December 19, 2019
Order denying motion for stay, December 23, 2019
7C order denying motion for stay pending appeal
Briefing schedule, December 30, 2019
Oral argument 2/26 notice, December 30, 2019
7C oral argument notice 19-3169_Documents
US motion to dismiss and memo, January 16, 2020
Appellees’ brief, January 17, 2020
Nonprofit anti-DV organizations amicus, January 23, 2020
National Housing Law Project amicus, January 23, 2020
Legal Historians amicus, January 24, 2020
National Consumer Law Center amicus, January 24, 2020
[Other amicus briefs, January 24, 2020]
Maryland
Casa de Maryland v. Trump, No. 8:19-cv-2715 (D. Md.)
Complaint, September 16, 2019
Motion for preliminary injunction, September 16, 2019
[Amended complaint]
[Corrected PI motion]
US opposition to preliminary injunction, October 1, 2019
Reply supporting preliminary injunction, October 7, 2019
Reply supporting preliminary injunction
| 10/07/2019 | 58 | PAPERLESS ORDER advising that in preparing for the hearing on October 10, 2019 regarding the Plaintiffs’ Motion for a Preliminary Injunction, counsel should be prepared to identify their strongest argument in support of each of the substantive issues that must be resolved in order for the court to rule on the motion, the two or three cases on which they principally rely to support their position for each issue, and the specific ECF filing and page number of the factual support in the record for their positions. Signed by Judge Paul W. Grimm on 10/7/2019. (pk3s, Chambers) (Entered: 10/07/2019) |
Oral argument, October 10, 2019
Post-oral-argument update re other cases, October 11, 2019
Preliminary injunction, October 14, 2019
Plaintiff letter re scope of injunction, October 16, 2019
CdM pltf letter re scope of injunction
Order re revised preliminary injunction, October 18, 2019
US motion for stay pending appeal, October 25, 2019
CdM US motion to stay pending appeal
| 10/30/2019 | 73 | PAPERLESS ORDER memorializing today’s telephone conference. Plaintiffs will file a response to Defendants’ Motion to Stay, ECF No. 69, by November 8, 2019. Defendants will file their notice of appeal by November 8, 2019, and their reply by November 15, 2019. With respect to an amended complaint, Counsel for Plaintiffs will consult with their clients and determine whether they will file an amended complaint by November 8, 2019. The parties will then confer and submit a joint status report by November 15, 2019, that will include a proposed schedule for filing an amended complaint, if applicable, a briefing schedule for a motion to dismiss, and proposed page limits for the motion to dismiss briefing. Signed by Judge Paul W. Grimm on 10/30/2019. (pk3s, Chambers) (Entered: 10/30/2019) |
Notice of appeal, October 30, 2019
Fourth Circuit # 19-2222
Plaintiffs’ opposition to motion for stay pending appeal, November 8, 2019
Pltf op to stay pending appeal
US waiver of right to reply, urging decision by November 14, November 8, 2019
Letter order denying reconsideration, November 14, 2019
CdM letter order denying recon
Joint status report, November 15, 2019
US motion for stay pending appeal, November 15, 2019
Order requesting response by 11/25, November 18, 2019
Opposition to motion for stay pending appeal, November 25, 2019
Motion to stay (trial level) pending Fourth Circuit decision, November 26, 2019
Reply supporting motion for stay pending appeal, December 2, 2019
4C reply supporting stay pending appeal
US letter re Ninth Circuit decision, December 6, 2019
Stay order, December 9, 2019
Plaintiffs’ opposition to motion for stay, December 10, 2019
ACOG amicus, December 11, 2019
US opening brief, December 16, 2019
Scheduling and amended complaint proposal, December 18, 2019
Scheduling and amended complaint proposal
Plaintiffs’ petition for rehearing en banc of stay order, December 20, 2019
Immigration Law Reform Institute amicus, December 23, 2019
Fourth Circuit request for response by 1/6/20, December 27, 2019
US reply supporting trial level stay, January 3, 2020
US reply supporting trial level stay
Plaintiffs’ second amended complaint, with redline version, January 3, 2020
CdM second amended complaint redline
US response to petition for rehearing en banc, January 6, 2020
Plaintiffs’ supplemental authority notice (Second Circuit order), January 8, 2020
US notice re Second Circuit order, January 8, 2020
Plaintiffs’ notice re Second Circuit order, January 8, 2020
US response to plaintiffs’ Second Circuit notice, January 10, 2020
Appellees’ brief, January 13, 2020
Order denying rehearing en banc of stay order, January 14, 2020
4C order denying rheb of stay order
104 organizations’ amicus, January 16, 2020
American Academy of Pediatrics amicus, January 17, 2020
4C am academy pediatrics amicus
Institute for Policy Integrity amicus, January 17, 2020
4C inst policy integrity amicus
US House amicus, January 21, 2020
Legal Historians amicus, January 21, 2020
Center for Reproductive Rights amicus, January 21, 2020
4C Center for Reproductive Rights amicus
Health Law Advocates amicus, January 21, 2020
4C health law advocates amicus
Congressional Tri-Caucus amicus, January 21, 2020
4C Congressional Tri-Caucus amicus
Nonprofit Anti Domestic Violence and Sexual Assault organizations amicus, January 21, 2020
4C Nonprofit Anti DV SA organizations amicus
Immigration Law Professors amicus, January 21, 2020
4C immigration law professors amicus
Fiscal Policy Institute amicus, January 21, 2020
4C Fiscal Policy Institute amicus
Public Justice Center amicus, January 21, 2020
4C Public Justice Center amicus
Southern New York
New York v. U.S. Dep’t of Homeland Security, No. 1:19-cv-7777 (S.D. N.Y.)
Complaint, August 20, 2019
Public Charge Southern New York 8.20.2019_complaint_as_filed
Make The Road New York v. Cuccinelli, No. 1:19-cv-7993 (S.D. N.Y.)
Complaint, August 27, 2019
State’s motion for preliminary injunction, September 9, 2019
ACLU/CPR/NDRN amicus, September 11, 2019
US letter motion for extension of time to respond, September 13, 2019
New York letter opposition to extension of time, September 13, 2019
Scheduling order, September 16, 2019
US preliminary injunction opposition, September 27, 2019
Immigration Reform Law Institute amicus, October 1, 2019
Plaintiffs’ reply, October 4, 2019
Private plaintiffs’ reply, October 4, 2019
Corrected regulation, October 6, 2019
States’ proposed order, October 8, 2019
Private plaintiffs’ proposed order, October 8, 2019
US proposed order, October 8, 2019
Preliminary injunction memorandum opinion and order, October 11, 2019
Motion for stay pending appeal, October 25, 2019
Motion for extension of time to answer or file motion to dismiss, October 25, 2019
Notice of interlocutory appeal, October 30, 2019
Second Circuit #s 19-3591, 3595
Motion for stay pending appeal, November 15, 2019
Opposition to motion for stay pending appeal, November 25, 2019
NHLP amicus, November 25, 2019
Second Circuit expediting order, November 27, 2019
Motion to stay further district court proceedings pending appeal, November 29, 2019
Order denying stay pending appeal, December 2, 2019
Reply supporting stay pending appeal, December 2, 2019
US letter re Ninth Circuit decision, December 6, 2019
Plaintiffs’ motion re discovery conference, December 6, 2019
US letter re Fourth Circuit decision, December 9, 2019
NY letter responding to Ninth Circuit decision, December 10, 2019
Appellant US’s opening brief, December 13, 2019
Plaintiffs’ opposition to stay of trial proceedings pending appeal, December 13, 2019
Second Circuit notice setting oral argument on the stay motion for 1/7, December 16, 2019
2C oral argument notice for 1 7 20
US reply supporting motion to stay trial court proceedings, December 20, 2019
US opposition to motion for discovery conference, December 20, 2019
Plaintiffs’ 28(j) notice re Seventh Circuit order, December 24, 2019
US opening brief, December 30, 2019
Parties’ letter re oral argument, January 6, 2020
2C parties’ letter re oral argument time
Order denying stay pending appeal, January 8, 2020
2C order denying stay pending appeal
Members of Congress amicus, January 24, 2020
Plaintiffs’ appellee brief, January 24, 2020
Eastern Washington
Washington v. U.S. Dep’t of Homeland Security, No. 4:19-cv-5210 (E.D. Wash.)
Complaint, with exhibit, August 14, 2019
Public Charge complaint Eastern Washington
Public Charge Eastern Washington Complaint Exhibit 1
Amended complaint, with exhibit, September 5, 2019
Exhibit A to amended complaint 9 5 19
PI motion and proposed order, September 6, 2019
Public Charge Eastern Washington PI motion
Public Charge Eastern Washington PI proposed order
American Ass’n of People with Disabilities amicus motion, September 9, 2019
AAPD proposed amicus brief, September 9, 2019
Dkt.-102-1-Proposed-Amici-Brief-WA-state
American Academy of Pediatrics/AMA amicus, September 13, 2019
American Academy of Pediatrics AMA amicus
US opposition, September 20, 2019
Washington preliminary injunction reply, September 27, 2019
Notice of corrected rule, October 1, 2019
US notice of correction to rule
Preliminary injunction, October 11, 2019
Motion to stay pending appeal, with declaration, October 25, 2019
motion for stay pending appeal
Motion to expedite motion to stay, October 30, 2019
Wash public charge US mo to expedite mo for stay
Notice of interlocutory appeal, October 30, 2019
WAvT public charge US notice of appeal
| 10/31/2019 | 178 | TEXT-ONLY ORDER (no PDF shall issue) setting response and reply deadlines for Federal Defendants’ Motion to Expedite, ECF No. 173 . In light of Federal Defendants’ representation in ECF No. 173 at 2 that Plaintiff States oppose an expedited hearing of Federal Defendants’ Motion to Stay the Preliminary Injunction, ECF No. 169 , Plaintiff States may file any response to the Motion to Expedite, ECF No. 173 , by November 6, 2019. Federal Defendants may file any reply by November 7, 2019. Hearing without oral argument for the Motion to Expedite, ECF No. 173 , remains set for November 8, 2019, at 6:30 p.m. This text-only entry constitutes the Court’s ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 10/31/2019) |
Ninth Circuit # 19-35914
Washington opposition to expediting motion for stay pending appeal, November 6, 2019
Wash op to expediting stay motion
US reply supporting expediting stay, November 7, 2019
Order denying motion to expedite stay motion, November 8, 2019
Order denying motion to expedite motion for stay
Plaintiffs’ response to motion for stay pending appeal, November 15, 2019
Pltf op to stay pending appeal
US motion for stay pending appeal, Ninth Circuit, November 15, 2019
9C US motion for stay pending appeal
Scheduling order, November 20, 2019
9C scheduling order re motion for stay
Response to US motion for stay pending appeal, November 22, 2019
Reply supporting US motion for stay pending appeal, November 26, 2019
Trial court order denying motion for stay pending appeal, December 3, 2019
order denying stay pending appeal
Ninth Circuit order for stay pending appeal, December 5, 2019 (see also Northern California case)
US opening brief, December 6, 2019
Joint status report, December 16, 2019
State petition for rehearing en banc, December 19, 2019
Ninth Circuit order directing responses to petition for rehearing en banc, December 20, 2019
Copy of 9C order for responses
For US response to petitions, January 10, 2020, see Northern California case
US reply supporting motion to dismiss, January 10, 2020
For appellees’ motion for initial en banc consideration, January 16, 2020, see Northern California case
States’ answering brief, January 17, 2020
Justice in Aging amicus, January 21, 2020
Public Justice Center amicus, January 23, 2020
9C Public Justice Center amicus
Institute for Public Integrity amicus, January 23, 2020
National Housing Law Project amicus, January 23, 2020
9C Natl Housing Law Project amicus
Nonprofit anti domestic violence organizations amicus, January 23, 2020
US House amicus, January 23, 2020
Immigration Law Professors amicus, January 23, 2020
9C immigration law profs amicus
Asian Americans Advancing Justice amicus, January 23, 2020
9C Asian Americans Advancing Justice amicus
National Consumer Law Center amicus, January 24, 2020
Legal Historians amicus, January 24, 2020
Center for Reproductive Rights amicus, January 24, 2020
9C Center for Reproductive Rights amicus
105 businesses and organizations amicus, January 24, 2020
American Academy of Pediatrics amicus, January 24, 2020
Health Law Advocates amicus, January 24, 2020
9C Health Law Advocates amicus
Fiscal Policy Institute amicus, January 24, 2020
ACLU amicus, January 24, 2020
Health Coverage Proclamation
Health coverage proclamation, October 4, 2019
Doe v. Trump, No. 3:19-cv-1743 (D. Or.)
Complaint, October 30, 2019
Motion for TRO, November 1, 2019
Rubio declaration
Castro declaration
Villarruel declaration
Morales declaration
Blake Doe declaration
John Doe #1 declaration
Jane Doe #2 declaration
Jane Doe #3 declaration
| 11/01/2019 | 14 | Scheduling Order by Judge Michael H. Simon. ORDER – Setting a Telephone Conference regarding Plaintiffs’ Motion for Temporary Restraining Order (ECF 7 ) for 11/2/2019 at 02:00PM. The Court will provide the parties’ with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/01/2019) |
| 11/01/2019 | 19 | Scheduling Order by Judge Michael H. Simon. ORDER – Resetting the Telephone Conference to an In-Court Conference regarding Plaintiffs’ Motion for Temporary Restraining Order (ECF 7 ) set for 11/2/2019 at 2:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/01/2019) |
| 11/02/2019 | 32 | MINUTES OF ORAL ARGUMENT HEARING: ORDER – Plaintiffs’ Motion for Temporary Restraining Order (ECF 7 ) is GRANTED for a period not to exceed 28 days. Formal order to follow. ORDER – Setting a briefing schedule as follows: Plaintiffs’ Motion for Preliminary Injunction is due by November 8, 2019; Defendants’ response is due by November 15, 2019; Plaintiffs’ reply is due by November 19, 2019; and a Preliminary Injunction Hearing is set for Friday, November 22, 2019 at 1:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Nadia H. Dehab, Stephen W. Manning, Esther H. Sung, Karen C. Tumlin, Scott D. Stein, Stephanie Hales, Keven Fee, and Jesse Bless present as counsel for Plaintiffs. Andrew Bernie, Brian Ward, and Courtney Moran present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 11/02/2019) |
Temporary restraining order, November 2, 2019
Class certification motion, November 8, 2019
Manning affidavit
Exhibit 1: proclamation
Exhibit 2: White House statement
Exhibit 3: AIDS United comment
Exhibit 4: AMA comment
Exhibit 5: Asian & Pacific Islander American Health Forum comment
Exhibit 6: Center for Elder Law & Justice comment
Exhibit 7: Children’s Health Watch comment
Exhibit 8: Consortium for Citizens with Disabilities comment
Exhibit 9: Covered California comment
Exhibit 10: DC Health Benefit Exchange comment
Exhibit 11: Disability Rights California comment
Exhibit 12: Latino Network comment
Exhibit 13: Legal Aid Society comment
Exhibit 14: Mass Health Connector comment
Exhibit 15: MN Sure comment
Exhibit 16: Nat’l Ass’n of Pediatric Nurse Practitioners comment
Exhibit 17: NDRN comments
Exhibit 18: NHeLP comments
Exhibit 19: NILC comments
Exhibit 20: Oregon Dep’t of Consumer and Business Services comments
Exhibit 21: Oregon Primary Care Ass’n comments
Exhibit 22: American Occupational Therapy Ass’n comments
Exhibit 23: Virginia Garcia Mem. Health Center comments
Exhibit 24: American Imm. Lawyers Ass’n comments
Exhibit 25: MACPAC report to Congress, March 2018
Exhibit 26: Notice of information collection OMB
Exhibit 27: OMB notice of action
Exhibit 28: Dep’t of State response to comments
Motion for preliminary injunction, November 8, 2019
[Declarations]
Jane Doe 3 declaration
Kuck declaration
Jane Doe 2 declaration
Rhoads declaration
Castro declaration
Ramos declaration
Morales declaration
Ku declaration
John Doe 1 declaration
Leuck declaration (CBPP)
Palanker declaration
Castellanos declaration
Rubio declaration
Villarruel declaration
Norris declaration
Butte declaration
Watson-Patko declaration
Pogue declaration (CBPP)
MacEwan declaration
Blake Doe declaration
Dahab declaration
Motion to compel production of administrative record, with Dahab declaration, November 11, 2019
State and local governments motion for leave to file and amicus, November 12, 2019
Organizations’ motion for leave to file and amicus, November 12, 2019
Opposition to motion to compel production of administrative record, November 13, 2019
Reply supporting production of administrative record, November 14, 2019
Flentje entry of appearance, November 15, 2019
US response re preliminary injunction, November 15, 2019
Order re production of record, November 15, 2019
US request for extension to respond to class certification motion, November 18, 2019
States’ and New York City’s amicus brief, November 19, 2019
Order denying request for extension to respond to class certification, November 19, 2019
Reply supporting preliminary injunction, November 19, 2019
Administrative record, November 21, 2019
Plaintiffs’ supplemental brief, November 21, 2019
Defendants’ opposition to class certification, November 22, 2019
Opinion and order, November 26, 2019
Stipulation for protective order, November 26, 2019
Stipulation for protective order
First amended class action complaint, November 27, 2019
First amended class action complaint 11 27
Reply supporting class certification, with declaration, November 27, 2019
Reply supporting class cert 11 27
Notice of appeal, December 4, 2019
Ninth Circuit # 19-36020
US motion for stay, December 4, 2019
9C US motion for stay 19-36020_Documents
Plaintiffs’ opposition to motion for stay, with exhibits, December 16, 2019
Pltf op to US stay mo 19-36020_Documents-1
Ninth Circuit order denying temporary stay request, December 20, 2019
9C order denying temporary stay request
US reply supporting stay pending appeal, December 23, 2019
9C US stay pending appeal reply
Revised scheduling order, December 26, 2019
Immigration and healthcare services amicus (recon), December 27, 2019
9C recon immi health services amicus
US opening brief, January 2, 2020
Motion to compel completion of administrative record, with declaration, January 24, 2020
Not filed in the proclamation case
Order granting stay in Al Otro Lado v. U.S., No. 19-56417, December 20, 2019
