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)
The New York Public Charge Case At the Supreme Court
US stay application, January 13, 2020 (No. 19A785)
20200117170243633_20200117-170053-95749791-00000337
| Jan 14 2020 | Response to application (19A785) requested by Justice Ginsburg, due Wednesday, January 22, by 3 p.m. ET. |
Government Plaintiffs’ opposition, January 22, 2020
20200122134724605_No.19A785 StayOpposition
Private Plaintiffs’ opposition, January 22, 2020
20200122143103275_Opposition to Stay
American Academy of Pediatrics amicus opposition, January 22, 2020
US House amicus opposition, January 22, 2020
20200122122450793_200107a Amicus Brief for e-filing
Immigration Law Reform Institute amicus support for stay, January 22, 2020
20200122162655778_IRLI Pub Charge Stay Amicus
US reply supporting stay, January 23, 2020
20200123160342975_19A785 Reply
Stay order, January 27, 2020
New York motion to lift stay, April 13, 2020
20200413153014307_19A785 Motion to Temporarily Lift or Modify Stay
| Apr 17 2020 | Response to motion requested, due Monday, April 20, by noon. |
US response, April 20, 2020
20200420112112348_19A785 Govt oppn to NY motion FILE
Immigration Law Reform Institute motion to file amicus, April 20, 2020
20200420132042768_IRLI Pub Charge Stay Amicus 2d
New York reply supporting motion, April 22, 2020
20200422120214473_19A785 Reply on Motion to Temporarily Lift or Modify Stay
Denial order, April 24, 2020
The Northern Illinois Public Charge Case At the Supreme Court
Motion for stay, February 13, 2020 (No. 19A905)
20200213111405279_19A__ Wolf v Cook County stay application TO FILE
Opposition to motion for stay, February 19, 2020
20200219144103313_Stay Opposition and Addendum
Reply supporting stay, February 20, 2020
20200220154942568_19A905 Wolf stay REPLY
Stay order, February 21, 2020
Respondents’ motion to lift stay, April 17, 2020
20200417125308170_2020.04.17 Motion to Temporarily Lift or Modify Stay – No. 19A905
US response supporting stay, April 23, 2020
20200423125003032_19A905 Govt oppn to Cook County motion FILE
Supreme Court order denying motion to lift stay, April 24, 2020
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
US reply brief, February 6, 2020
Plaintiffs’ supplemental authority (Seventh Circuit), February 11, 2020
Order denying rehearing en banc of stay order, February 18, 2020
Pltf citation supplemental authority asylum opinions, March 5, 2020
9C pltf addl auth 19-17213_Documents
Order on administrative record and compelling discovery, April 1, 2020
US motion to dismiss, April 22, 2020
California opposition to motion to dismiss, May 6, 2020
California request for judicial notice, May 6, 2020
Scheduling order, May 13, 2020
Order denying initial en banc hearing, May 20, 2020
Plaintiffs’ notice of additional authority (Cook County), May 21, 2020
US reply supporting motion to dismiss, June 3, 2020
US motion to dismiss amended complaint, June 10, 2020
Plaintiffs’ additional authority (Seventh Circuit), June 12, 2020
Plaintiffs’ additional authority (DACA), June 30, 2020
US response to plaintiffs’ additional authority (DACA), July 8, 2020
Plaintiffs’ additional authority (Second Circuit), August 10, 2020
California notice re oral argument presentation, September 11, 2020
9C pltf notice re oral argument presentation
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]
Fiscal Policy Institute amicus, January 24, 2020
US House amicus, January 24, 2020
City of Chicago amicus, January 24, 2020
Am. College of OB GYN amicus, January 24, 2020
ACLU amicus, January 24, 2020
105 Businesses and Organizations amicus, January 24, 2020
Immigration Law Professors amicus, January 24, 2020
US renewed motion for stay pending appeal, January 28, 2020
7C US renewed motion for stay pending appeal
Order directing response to renewed stay motion by 2/5, January 28, 2020
7C order directing response re stay by 2 5
US reply brief, February 4, 2020
Plaintiffs’ opposition to renewed motion for stay, February 5, 2020
7C pltf op to renewed stay 19-3169_Documents
Notification of docket entry, February 6, 2020
US reply supporting stay, February 7, 2020
Order denying renewed motion for stay, February 10, 2020
7C order denying renewed motion for stay
ACLU request to participate in oral argument, February 12, 2020
Motion for stay, February 13, 2020 (No. 19A905)
20200213111405279_19A__ Wolf v Cook County stay application TO FILE
Plaintiffs’ opposition to motion to dismiss, February 19, 2020
Opposition to motion for stay, February 19, 2020
20200219144103313_Stay Opposition and Addendum
Reply supporting stay, February 20, 2020
20200220154942568_19A905 Wolf stay REPLY
Stay granted, February 21, 2020 (see above)
Amended opposition to motion to dismiss, with exhibits, March 13, 2020
General N.D. Ill. deadlines rescheduling, March 16, 2020
Order for US reply to be due 4/9, March 19, 2020
US notice of supplemental authority (Almaklani), March 26, 2020
Rescheduling order (4/16 and 5/4), April 2, 2020
Plaintiffs’ notice of additional authority re discovery (California), April 7, 2020
US response to supplemental authority, April 15, 2020
US reply supporting motion to dismiss, April 16, 2020
Plaintiffs’ notice of additional authority re discovery (Washington), April 23, 2020
Opinion denying motion to dismiss, May 19, 2020
Motion for expedited discovery on equal protection, June 9, 2020
Order for expedited response, June 10, 2020
Motion for extension of time, June 10, 2020
Scheduling order, June 10, 2020
Seventh Circuit opinion affirming preliminary injunction, June 10, 2020
US motion and memo for 1292(b) certification, June 16, 2020
US opposition to motion for expedited discovery, June 16, 2020
Exhibit A (Washington v. Trump procedural order)
Bell declaration
Legagneux declaration
Palmer declaration
Kolsky declaration
Reply supporting motion for expedited discovery, with exhibits, June 18, 2020
Plaintiffs’ opposition to 1292(b) certificate of appealability, June 26, 2020
US reply supporting certificate of appealability, July 2, 2020
US answer, July 9, 2020
Joint status report, July 10, 2020
Plaintiffs’ status report, July 13, 2020
Order denying 1292(b) certification, July 14, 2020
merged_61145_-1-159473294722291024-0–2215
Plaintiffs’ notice, July 15, 2020
Joint status report re search terms, July 21, 2020
US petition for rehearing en banc, July 27, 2020
Immigration Reform Law Institute amicus, August 3, 2020
7C rheb immigration reform law institute amicus
Joint status report on discovery issues, August 3, 2020
Minute order re discovery, August 4, 2020
Joint status report on discovery issues, August 11, 2020
Minute entry, August 12, 2020
Order denying rehearing en banc, August 12, 2020
Plaintiffs’ motion for summary judgment on counts I-III, August 31, 2020
Memorandum in support, August 31, 2020
Scheduling order, September 2, 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
Plaintiffs’ notice re U.S. Supreme Court stay, January 28, 2020
US response to plaintiffs’ notice, January 29, 2020
US reply brief, February 3, 2020
Order allowing House to participate in oral argument, February 14, 2020
4C order allowing House to participate in OA
Plaintiffs’ supplemental authority, February 18, 2020
US response to plaintiffs’ supplemental authority, February 21, 2020
US letter re Cook County stay, February 24, 2020
Plaintiff letter re administrative record, February 25, 2020
CdM pltf letter re admin record
| 02/27/2020 | 101 | PAPERLESS ORDER re 100 Request for Conference. The Government is directed to file a letter response of 3 pages or less, single-spaced, excluding exhibits, addressing the issues raised in Plaintiffs’ request for conference by March 5, 2020. I will hold a telephone conference with the parties after that date, which will be scheduled separately. Signed by Judge Paul W. Grimm on 2/27/2020. (pk3s, Chambers) (Entered: 02/27/2020) |
US opposition re administrative record, March 5, 2020
Plaintiffs’ petition for initial hearing en banc, March 6, 2020
Oral argument rescheduling to 5/5, March 10, 2020
Plaintiffs’ request that oral argument be restored to 3/18, March 12, 2020
4C pltf rq reinst oa 3 18 19-2222_Documents
Order denying plaintiffs’ request to expedite appeal, March 13, 2020
Parties’ proposed briefing schedule on US motion to dismiss, March 16, 2020
Parties’ proposed briefing schedule
US opposition to initially hearing appeal en banc, March 16, 2020
US reply supporting stay pending appeal, March 16, 2020
4C US reply supporting stay pending appeal
District court order for partial stay, March 18, 2020
partial stay and scheduling order
| 03/18/2020 | 106 | PAPERLESS ORDER APPROVING 104 Status Report and Proposed Briefing Schedule for CASA de Maryland v. Trump, No. 8:19-cv-02715-PWG and Gaithersburg v. DHS, No. 8:19-cv-02851-PWG as follows: The Government’s motion to dismiss in both cases is due by April 8, 2020. The Plaintiffs’ consolidated opposition, or separate briefs in opposition, is due by May 6, 2020. The Government’s reply brief or briefs are due by May 20, 2020. The Government’s brief in support of the motion to dismiss is limited to 35 pages, exclusive of exhibits. The Plaintiffs’ brief or briefs in opposition, whether consolidated or filed separately, are limited to a total of 35 pages together, exclusive of exhibits. The Government’s brief or briefs in reply, whether consolidated or filed separately, are limited to a total of 20 pages together, exclusive of exhibits. These page limits are in place unless the parties request, and the Court grants, additional pages. Signed by Judge Paul W. Grimm on 3/18/2020. (pk3s, Chambers) (Entered: 03/18/2020) |
Plaintiffs’ letter re briefing deadline, April 30, 2020
| 05/01/2020 | 113 | PAPERLESS ORDER re 112 Correspondence regarding Motion to Dismiss briefing schedule. I have reviewed Plaintiffs’ request and agree that the Motion to Dismiss should be filed prior to July 1, 2020. I am inclined to accept Plaintiffs’ proposal that the Motion to Dismiss should be due on May 20, 2020. However, if Defendants relied on this Court’s Standing Order 2020-07 issued on April 10, 2020, such that it is not feasible to file the Motion to Dismiss by May 20, 2020, the parties are directed to confer and propose a reasonable brief extension past May 20, 2020 for the motion to be due. If the parties cannot agree they should notify the Court with their proposals. The parties should submit a status report on the above by May 6, 2020. Signed by Judge Paul W. Grimm on 5/1/2020. (pk3s, Chambers) (Entered: 05/01/2020) |
Parties’ proposed schedule, May 5, 2020
| 05/06/2020 | 115 | PAPERLESS ORDER APPROVING 114 Briefing Schedule. Defendants will file a consolidated motion of 35 pages or less, to dismiss both cases by May 27, 2020. Plaintiffs will file a consolidated opposition brief of 35 pages or less, or, in the alternative, separate opposition briefs totaling 35 pages or less (provided that Plaintiffs provide notice to Defendants by June 10, 2020) by June 24, 2020. Defendants will file a consolidated reply brief of 20 pages or less, or, in the alternative, separate reply briefs totaling 20 pages or less by July 8, 2020. Signed by Judge Paul W. Grimm on 5/6/2020. (pk3s, Chambers) (Entered: 05/06/2020) |
US motion to dismiss, May 27, 2020
Seventh Circuit opinion, June 10, 2020
Plaintiffs additional authority (Seventh Circuit), June 11, 2020
US response to additional authority (Seventh Circuit), June 16, 2020
4C US 28j response Cook County
Discovery scheduling order, June 23, 2020
Opposition to US motion to dismiss, June 24, 2020
US reply supporting motion to dismiss, July 8, 2020
Fourth Circuit opinion, August 5, 2020
| 08/07/2020 | 120 | PAPERLESS ORDER. In light of the Fourth Circuit’s judgment in this case, ECF No. 119, the parties in 19-cv-2715 and 19-cv-2851 are directed to supplement their motion to dismiss briefing. The supplements should address the Fourth Circuit’s judgment and any other relevant authority that developed after the motion to dismiss briefs were filed. Defendants’ consolidated supplement will be due August 21, 2020. Plaintiffs’ consolidated response will be due September 4, 2020. Defendants’ consolidated reply will be due September 14, 2020. Defendants’ supplement and Plaintiffs’ response should be 10 pages or less excluding any exhibits. The Defendants’ reply should be 5 pages or less excluding any exhibits. Signed by Judge Paul W. Grimm on 8/7/2020. (pk3s, Chambers) (Entered: 08/07/2020) |
US supplemental memorandum supporting motion to dismiss, August 21, 2020
Plaintiffs’ supplemental memorandum opposing motion to dismiss, September 4, 2020
US reply supporting motion to dismiss, September 14, 2020
Public Citizen amicus, September 17, 2020
National Fair Housing Alliance amicus, September 18, 2020
US House amicus, September 18, 2020
PETA amicus, September 21, 2020
NAACP amicus, September 21, 2020
Order for response, September 22, 2020
US unopposed motion for extension to file response, September 24, 2020
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
Copy of Supreme Court motion to lift stay, April 16, 2020
Members of Congress amicus, January 24, 2020
Plaintiffs’ appellee brief, January 24, 2020
Justice in Aging amicus, January 27, 2020
US motion for extension of time to answer, January 28, 2020
Plaintiffs’ opposition to extension of time to answer, January 28, 2020
US notice that it won’t be filing an answer 1/31, January 30, 2020
Order denying stay pending Second Circuit proceedings, January 31, 2020
Center for Reproductive Rights amicus, January 31, 2020
Asian Americans Advancing Justice amicus, January 31, 2020
2C Asian Americans Advancing Justice amicus
National Consumer Law Center amicus, January 31, 2020
US House amicus, January 31, 2020
26 Counties, Cities, and Municipalities amicus, January 31, 2020
2C 26 Counties Cities Munis amicus
105 Businesses and Organizations amicus, January 31, 2020
ACLU amicus, January 31, 2020
National Housing Law Project amicus, January 31, 2020
American Academy of Pediatrics amicus, January 31, 2020
2C Am Academy Pediatrics amicus
Institute for Policy Integrity amicus, February 5, 2020
2C inst policy integrity amicus
Public Health, etc., Deans, Chairs, and Scholars amicus, February 6, 2020
2C Public Health Deans Chairs Scholars amicus
Public Justice Center amicus, February 6, 2020
Aldana amicus, February 6, 2020
Health Law Advocates amicus, February 7, 2020
2C Health Law Advocates amicus
Trial level U.S. motion to dismiss, with memo, February 14, 2020
US reply brief, February 14, 2020
Partial consolidation order, February 18, 2020
US notice re Cook County stay, February 24, 2020
New York notice re new federal policy, February 25, 2020
US response to NY notice, February 27, 2020
Plaintiffs’ opposition to motion to dismiss, February 28, 2020
House of Representatives amicus, March 3, 2020
US letter re public health consequences, March 5, 2020
US letter re health consequences
Public Justice Center amicus, March 6, 2020
US reply supporting motion to dismiss, March 6, 2020
Plaintiffs’ notice re coronavirus letter, March 11, 2020
US request to reschedule oral argument 3/17 or do it telephonically, March 15, 2020
Order rescheduling oral argument to 5/5, March 16, 2020
US notice of Supreme Court filing, April 20, 2020
2C US USC response to motion to lift stay
Plaintiffs’ letter re scheduling oral argument, April 28, 2020
US letter re postponing oral argument, April 28, 2020
Motion for preliminary injunction, memo, list of declarations, April 28, 2020
[Declarations]
Motion to expedite, April 28, 2020
Opposition to motion to expedite, April 29, 2020
Reply supporting expediting, April 30, 2020
Scheduling order, April 30, 2020
Immigration Reform Law Institute amicus, May 12, 2020
US opposition to preliminary injunction, with declaration, May 12, 2020
Letter and additional authority from plaintiffs re discovery, May 13, 2020
Letter from plaintiffs re oral argument order of presentation, May 13, 2020
Letter from defendants re SNAP, May 13, 2020
Order re oral argument, May 14, 2020
Plaintiffs’ reply supporting preliminary injunction, May 15, 2020
Plaintiffs’ additional authority (Cook County), May 21, 2020
Plaintiffs’ additional authority (Seventh Circuit), June 15, 2020
Plaintiffs’ additional authority (Seventh Circuit), June 15, 2020
US response to additional authority (Seventh Circuit), June 17, 2020
US district court response to additional authority (Seventh Circuit), June 19, 2020
US supplemental authority notice (DACA equal protection), June 26, 2020
Plaintiffs’ response to US supplemental authority notice (DACA), June 30, 2020
Memorandum Decision and Order, July 29, 2020
Notice of interlocutory appeal, August 3, 2020
Motion for stay pending appeal, August 3, 2020
Memorandum supporting stay pending appeal, August 3, 2020
Second Circuit opinion, August 4, 2020
US notice of supplemental authority (Second Circuit), August 4, 2020
Second appeal # 20-2537
Plaintiffs’ opposition to motion for stay, August 5, 2020
US waiver of right to reply, August 6, 2020
Letter from plaintiffs re relationship of 2 injunctions, August 6, 2020
US motion for stay in second case, August 7, 2020
Letter opposition to administrative stay in second case, August 7, 2020
US request for additional time to answer, August 10, 2020
Order staying most of preliminary injunction, August 12, 2020
City opposition to stay, August 17, 2020
Make the Road New York opposition to stay, August 17, 2020
US reply supporting stay, August 19, 2020
Plaintiffs’ request for discovery conference, August 25, 2020
Defendants’ opposition to discovery conference, August 27, 2020
Referral to magistrate, August 27, 2020
Plaintiffs’ letter re discovery summary judgment, September 4, 2020
US notice re seeking stay in U.S. Supreme Court if no decision on stay by 9/14, September 8, 2020
2C US letter re seeking stay from USC
Second Circuit notice of brief due date (9/28), September 9, 2020
Order granting stay, September 11, 2020
US response re privilege log, September 17, 2020
Plaintiffs’ privilege log reply letter, September 22, 2020
Letter motion to file amended complaints, September 24, 2020
Unopposed letter request for extension of time to answer, September 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
Washington response to US notice of supplemental authority, February 4, 2020
US reply brief, February 7, 2020
Plaintiff’s supplemental authority re administrative record, February 11, 2020
US response to supplemental authority re administrative record, February 21, 2020
Plaintiffs’ notice re coronavirus proclamations, etc., March 11, 2020
9C pltf coronavirus info 19-35914_Documents
US response to plaintiffs’ notice re coronavirus, March 19, 2020
9C US public charge addl authority response
US supplemental authority (Almaklani), March 26, 2020
Plaintiffs’ response to US supplemental authority, March 30, 2020
Plaintiffs’ supplemental authority re admin record (California), April 3, 2020
Defendants’ response to administrative record, April 14, 2020
Order granting motion to compel discovery, April 17, 2020
Order granting compel discovery mo
Parties’ scheduling proposal, May 1, 2020
US motion to stay, motion to expedite, May 5, 2020
| 05/05/2020 | 215 | TEXT-ONLY ORDER (no PDF shall issue) GRANTING IN PART and DENYING IN PART DHS’s Motion to Expedite, ECF No. 214 . DHS’s Motion to Stay, ECF No. 213 , is reset for hearing on the issue of the privilege log on May 12, 2020. Any response from the States regarding the Motion to Stay, ECF No. 213 , as it relates to the privilege log, shall be filed by May 11, 2020. However, the Court does not find good cause to expedite hearing of the Motion to Stay, ECF No. 213 , with respect to discovery on Plaintiffs’ equal protection claim. Therefore, the remaining portion of the Motion to Stay, ECF No. 213, shall be heard according to the standard timeframe prescribed by LCivR7 on June 4, 2020. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 05/05/2020) |
Plaintiffs’ opposition to stay, plus declaration, May 11, 2020
Op to motion to stay declaration
Reply supporting stay, May 12, 2020
Order on discovery and privilege log, May 13, 2020
Opposition to motion to stay discovery, May 18, 2020
US motion to dismiss amended complaint, May 22, 2020
US reply supporting motion to stay discovery, May 26, 2020
Order denying stay of discovery, June 4, 2020
US report re discovery, June 12, 2020
Plaintiffs’ opposition to motion to dismiss amended complaint, June 12, 2020
US reply supporting motion to dismiss, June 26, 2020
US discovery status report, June 26, 2020
US discovery status report 6 26
US discovery status report, July 10, 2020
US discovery status report, July 24, 2020
Plaintiffs’ supplemental authority (New York), July 31, 2020
House motion to argue, August 4, 2020
US notice of additional authority (Second Circuit, Fourth Circuit), August 6, 2020
Discovery report, August 7, 2020
Order granting House motion to argue, August 11, 2020
US notice of additional authorities (ND Cal), August 14, 2020
US discovery status report, August 21, 2020
US discovery status report, September 4, 2020
Order partly granting and partly denying US motion to dismiss, September 14, 2020
Discovery status report, September 18, 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
Motion for extension until 3/30 to answer, January 27, 2020
| 01/28/2020 | 122 | ORDER – Defendants’ Motion for Extension of Time to Answer (ECF 121 ) is GRANTED. Answer is due by 3/30/2020. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/28/2020) |
US notice of additional authority, January 28, 2020
Plaintiffs’ notice of additional facts [about themselves], January 29, 2020
Plaintiffs’ appellee brief, January 30, 2020
38 Health Policy Experts amicus brief, February 6, 2020
9C 38 Health Policy Experts amicus
States and Cities amicus brief, February 6, 2020
NHeLP amicus brief, February 6, 2020
Immigration Law Professors amicus brief, February 6, 2020
9C Immigration Law Professors amicus
Disability Rights California amicus brief, February 6, 2020
9C Disability Rights California amicus
CASA amicus brief, February 6, 2020
AMA amicus brief, February 6, 2020
US opposition to motion to compel production of complete record, February 7, 2020
Order re filing complete record, February 11, 2020
US reply brief, February 20, 2020
US supplemental response re administrative record, February 28, 2020
Plaintiffs’ supplemental reply re administrative record, March 13, 2020
Class certification order, April 7, 2020
Notice to Ninth Circuit of class certification order, April 8, 2020
9C notice of addl authority (class cert)
Order on administrative record, April 13, 2020
US response re class certification, April 14, 2020
9C US response to class cert notice
Motion for TRO, April 25, 2020
| 04/25/2020 | 136 | Scheduling Order by Judge Michael H. Simon. ORDER – Setting a briefing schedule on Plaintiffs’ Motion for Temporary Restraining Order (ECF 135 ) as follows: (1) Defendants shall file a response no later than 5:00 p.m., Pacific time, on Monday, April 27, 2020; (2) Plaintiffs shall file a reply no later than 5:00 p.m., Pacific time, on Tuesday, April 28, 2020; and (3) the Court will hold Telephone Oral Argument at 12:00 noon, Pacific time, on Wednesday, April 29, 2020. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/25/2020) |
Opposition to TRO, April 27, 2020
Reply supporting TRO, April 28, 2020
Wheeler declaration supporting TRO, April 28, 2020
Immigration Reform Law Institute amicus, April 29, 2020
Opinion and order denying TRO, April 29, 2020
Order denying stay pending appeal, May 4, 2020
US motion to dismiss, May 29, 2020
US letter supporting expediting, May 29, 2020
Plaintiffs’ opposition to US motion to dismiss, June 26, 2020
US reply supporting motion to dismiss, July 24, 2020
Plaintiffs’ post-oral-argument letter re buying subsidized policy after entry, September 11, 2020
9C pltf ltr re buying subsidized plan
Make the Road New York v. Pompeo, No. 1:19-cv-11633 (S.D. N.Y.)
Complaint, December 19, 2019
Motion, memo, declarations for preliminary injunction, January 21, 2020
[Declarations]
US letter re scheduling, January 22, 2020
Scheduling order, January 23, 2020
| 05/18/2020 | Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 5/18/2020 re: 53 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction (Notice of Motion to Dismiss). filed by Donald Trump, Alex Azar, United States Department of State, United States Department of Health & Human Services, Michael Pompeo. Plaintiff Counsel: Ghita Schwarz; Defense Counsel: James Luh and Court Reporter present. (Vega, Elizabeth) (Entered: 05/18/2020) |
Not filed in the proclamation case
Order granting stay in Al Otro Lado v. U.S., No. 19-56417, December 20, 2019
Nationwide injunction in the second Seventh Circuit sanctuary city case
