Dep't of Homeland Sec. v. New York, No. 19A785

CourtU.S. Supreme Court
Citation140 S.Ct. 599 (Mem),206 L.Ed.2d 115
Decision Date27 January 2020
Parties DEPARTMENT OF HOMELAND SECURITY, et al. v. NEW YORK, et al.
Docket NumberNo. 19A785

140 S.Ct. 599 (Mem)
206 L.Ed.2d 115

DEPARTMENT OF HOMELAND SECURITY, et al.
v.
NEW YORK, et al.

No. 19A785

Supreme Court of the United States.

January 27, 2020


The application for stay presented to Justice GINSBURG and by her referred to the Court is granted, and the District Court's October 11, 2019 orders granting a preliminary injunction are stayed pending disposition of the Government's appeal in the United States Court of Appeals for the Second Circuit and disposition of the Government's petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.

Justice GINSBURG, Justice BREYER, Justice SOTOMAYOR, and Justice KAGAN would deny the application.

Justice GORSUCH, with whom Justice THOMAS joins, concurring in the grant of stay.

On October 10, 2018, the Department of Homeland Security began a rulemaking process to define the term "public charge," as it is used in the Nation's immigration laws. Approximately 10 months and 266,000 comments later, the agency issued a final rule. Litigation swiftly followed, with a number of States, organizations, and individual plaintiffs variously alleging that the new definition violates the Constitution, the Administrative Procedure Act, and the immigration laws themselves. These plaintiffs have urged courts to enjoin the rule's enforcement not only as it applies to them, or even to some definable group having something to do with their claimed injury, but as it applies to anyone .

These efforts have met with mixed results. The Northern District of California ordered the government not to enforce the new rule within a hodge-podge of jurisdictions—California, Oregon, Maine, Pennsylvania, and the District of Columbia. The Eastern District of Washington entered a similar order, but went much farther geographically, enjoining the government from enforcing its rule globally. But both of those orders were soon stayed by the Ninth Circuit which, in a 59-page opinion, determined the government was likely to succeed on the merits. Meanwhile, across the country, the District of Maryland entered its own universal injunction, only to have that one stayed by the Fourth Circuit. And while all these developments were unfolding on the coasts, the Northern District of Illinois was busy fashioning its own injunction, this one limited to enforcement within the State of Illinois.

If all of this is confusing, don't worry, because none of it matters much at this point. Despite the fluid state of things—some interim wins for the government over here, some preliminary relief for plaintiffs over there—we now have an injunction to rule them all: the...

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79 practice notes
  • Covenant v. Barr, Nos. 19-16487
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 6, 2020
    ...are reasons to question the appropriateness of universal injunctions. See, e.g. , Dep't of Homeland Sec. v. New York , ––– U.S. ––––, 140 S. Ct. 599, 599–601, 206 L.Ed.2d 115 (2020) (Gorsuch, J., concurring in the grant of a stay); Trump v. Hawaii , 138 S. Ct. at 2424–29 (Thomas, J., concur......
  • New York v. Trump, 20-CV-5770 (RCW) (PWH) (JMF)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 10, 2020
    ...debate over the propriety of "nationwide" or "universal" injunctions. See, e.g. , Dep't of Homeland Sec. v. New York , ––– U.S. ––––, 140 S. Ct. 599, 600-01, 206 L.Ed.2d 115 (2020) (Gorsuch, J., concurring); Trump v. Hawaii , ––– U.S. ––––, 138 S. Ct. 2392, 2425-29, 201 L.Ed.2d 775 (2018) (......
  • La Clinica De La Raza v. Trump, Case No. 19-cv-04980-PJH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • August 7, 2020
    ...of the Rule, but these were ultimately stayed by the Supreme Court. See Dep't of Homeland Security v. New York, ––– U.S. ––––, 140 S. Ct. 599, 206 L.Ed.2d 115 (2020) ; Wolf v. Cook Cty., Illinois, ––– U.S. ––––, 140 S. Ct. 681, 206 L.Ed.2d 142 (2020). Accordingly, the Rule went into effect ......
  • Brnovich v. Biden, CV-21-01568-PHX-MTL
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • January 27, 2022
    ...and mak[e] every case a national emergency for the courts and for the Executive Branch.” Id. at 2425; see also DHS v. New York, U.S. ___, 140 S.Ct. 599, 600 (2020) (Gorsuch, J., concurring) (“The traditional system of lower courts issuing interlocutory relief limited to the parties at hand ......
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77 cases
  • Covenant v. Barr, Nos. 19-16487
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 6, 2020
    ...are reasons to question the appropriateness of universal injunctions. See, e.g. , Dep't of Homeland Sec. v. New York , ––– U.S. ––––, 140 S. Ct. 599, 599–601, 206 L.Ed.2d 115 (2020) (Gorsuch, J., concurring in the grant of a stay); Trump v. Hawaii , 138 S. Ct. at 2424–29 (Thomas, J., concur......
  • New York v. Trump, 20-CV-5770 (RCW) (PWH) (JMF)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 10, 2020
    ...debate over the propriety of "nationwide" or "universal" injunctions. See, e.g. , Dep't of Homeland Sec. v. New York , ––– U.S. ––––, 140 S. Ct. 599, 600-01, 206 L.Ed.2d 115 (2020) (Gorsuch, J., concurring); Trump v. Hawaii , ––– U.S. ––––, 138 S. Ct. 2392, 2425-29, 201 L.Ed.2d 775 (2018) (......
  • La Clinica De La Raza v. Trump, Case No. 19-cv-04980-PJH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • August 7, 2020
    ...of the Rule, but these were ultimately stayed by the Supreme Court. See Dep't of Homeland Security v. New York, ––– U.S. ––––, 140 S. Ct. 599, 206 L.Ed.2d 115 (2020) ; Wolf v. Cook Cty., Illinois, ––– U.S. ––––, 140 S. Ct. 681, 206 L.Ed.2d 142 (2020). Accordingly, the Rule went into effect ......
  • Brnovich v. Biden, CV-21-01568-PHX-MTL
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • January 27, 2022
    ...and mak[e] every case a national emergency for the courts and for the Executive Branch.” Id. at 2425; see also DHS v. New York, U.S. ___, 140 S.Ct. 599, 600 (2020) (Gorsuch, J., concurring) (“The traditional system of lower courts issuing interlocutory relief limited to the parties at hand ......
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4 books & journal articles
  • THE PRECEDENTIAL EFFECTS OF THE SUPREME COURT'S EMERGENCY STAYS.
    • United States
    • Harvard Journal of Law & Public Policy Vol. 44 Nbr. 3, June 2021
    • June 22, 2021
    ...East Bay Sanctuary Covenant v. Barr, 385 F. Supp. 3d 922, 960 (N.D. Cal. 2019) (same); U.S. Dep't of Homeland Sec. v. New York, 140 S. Ct. 599, 599 (2020) (Gorsuch, J., concurring in the grant of stay) (mem.) (noting that plaintiffs in four different jurisdictions sought universal injunctio......
  • Remedies and Respect: Rethinking the Role of Federal Judicial Relief
    • United States
    • Georgetown Law Journal Nbr. 109-6, August 2021
    • August 1, 2021
    ...(available at https://www. justice.gov/opa/press-release/f‌ile/1093881/download [https://perma.cc/J3MF-NEP3]); see also DHS v. New York, 140 S. Ct. 599, 600 (2020) (Gorsuch, J., concurring in the grant of stay) (“Equitable remedies, like remedies in general, are meant to redress the injurie......
  • ADMINISTRATIVE SABOTAGE.
    • United States
    • Michigan Law Review Vol. 120 Nbr. 5, March 2022
    • March 1, 2022
    ...Divisional Judge-Shopping, Colum. Hum. Rts. L. Rev., Winter 2018, at 297, 315-20. (324.) See, e.g., Dep't of Homeland Sec. v. New York, 140 S. Ct. 599 (2020) (Gorsuch, J., concurring) ("[A] single judge in New York enjoined the government from applying [a new regulatory requirement] to anyo......
  • EQUITY AND THE SOVEREIGN.
    • United States
    • Notre Dame Law Review Vol. 97 Nbr. 5, May 2022
    • May 1, 2022
    ...and the enactment of the original Judiciary Act."'). (168) Trump, 138 S. Ct. at 2425-26 (Thomas, J., concurring). (169) DHS v. New York, 140 S. Ct. 599, 601 (2020) (Gorsuch, J., concurring) (citing Article III problems and "equitable and constitutional" issues with universal injunctions); C......

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