No. 19-635

Donald J. Trump v. Cyrus R. Vance, Jr., in His Official Capacity as District Attorney of the County of New York, et al.

Lower Court: Second Circuit
Docketed: 2019-11-18
Status: Judgment Issued
Type: Paid
Amici (13)Response Waived Experienced Counsel
Tags: article-2 article-ii article-two constitutional-law criminal-investigation executive-power grand-jury-subpoena immunity president presidential-immunity separation-of-powers subpoena supremacy-clause
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2019-12-13
Question Presented (from Petition)

The District Attorney for the County of New York is conducting a criminal investigation that, by his own admission, targets the President of the United States for possible indictment and prosecution during his term in office. As part of that investigation, he served a grand-jury subpoena on a custodian of the President's personal records, demanding production of nearly ten years' worth of the President's financial papers and his tax returns. That subpoena is the combination—almost a word-for-word copy—of two subpoenas issued by committees of Congress for these same papers. The Second Circuit rejected the President's claim of immunity and ordered compliance with the subpoena.

The question presented is: Whether this subpoena violates Article II and the Supremacy Clause of the United States Constitution.

Question Presented (AI Summary)

Whether this subpoena violates Article II and the Supremacy Clause of the United States Constitution

Docket Entries

2020-07-17
Application (20A17) granted by The Chief Justice.
2020-07-17
JUDGMENT ISSUED (forthwith).
2020-07-15
Application (20A17) of Cyrus R. Vance, Jr., in his official capacity as district attorney of the County of New York, for an order to issue the judgment forthwith, submitted to The Chief Justice.
2020-07-09
Judgment is AFFIRMED and case REMANDED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/19-635_o7jq.pdf'>opinion</a> of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Kavanaugh, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Thomas, J., and Alito, J., filed dissenting opinions.
2020-05-12
Argued. For petitioner: Jay A. Sekulow, Washington, D. C.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carey R. Dunne, General Counsel, New York County District Attorney's Office, New York, N. Y.
2020-04-15
RESCHEDULED FOR ARGUMENT on Tuesday, May 12, 2020.
2020-04-13
Argument to be rescheduled for May 2020.
2020-03-27
Reply of petitioner Donald J. Trump filed. (Distributed)
2020-03-23
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2020-03-16
ORAL ARGUMENT POSTPONED.
2020-03-04
Brief amicus curiae of Eugene H. Goldberg filed. (Distributed)
2020-03-04
Brief amici curiae of Washington State Tax Practitioners filed. (Distributed)
2020-03-04
Brief amici curiae of Former Department of Justice Officials filed. (Distributed)
2020-03-04
Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
2020-03-04
Brief amici curiae of The American Civil Liberties Union, and The New York Civil Liberties Union filed. (Distributed)
2020-03-04
Brief amici curiae of Commonwealth of Virginia, et al. filed. (Distributed)
2020-03-04
Brief amici curiae of Claire Finkelstein and the Center for Ethics and the Rule of Law at the University of Pennsylvania filed. (Distributed)
2020-03-04
Brief amicus curiae of David Boyle filed. (Distributed)
2020-03-04
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2020-03-03
Brief amici curiae of Boston University Law Professors Sean J. Kealy and James J. Wheaton filed. (Distributed)
2020-03-02
Brief amici curiae of Former Republican Members of Congress, et al. filed. (Distributed)
2020-02-26
Brief of respondent Cyrus R. Vance, Jr., in his Official Capacity as District Attorney of the County of New York filed. (Distributed)
2020-02-26
Sealed document sent by the U.S.D.C Southern District of New York. (1-Envelope)
2020-02-24
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2020-02-20
Sealed documents sent from the U.S.C.A. 2nd Circuit are electronically filed.
2020-02-19
The record received from the U.S.C.A. 2nd Circuit has been electronically filed.
2020-02-19
Record requested from the U.S.C.A. 2nd Circuit.
2020-02-19
CIRCULATED
2020-02-03
Brief amicus curiae of United States filed.
2020-01-31
SET FOR ARGUMENT on Tuesday, March 31, 2020.
2020-01-27
Brief of petitioner Donald J. Trump filed.
2020-01-21
Motion to dispense with printing the joint appendix filed by petitioner Donald Trump.
2020-01-15
Blanket Consent filed by Respondent, Cyrus R. Vance, Jr., in his official capacity as District Attorney of the County of New York.
2020-01-15
Blanket Consent filed by Respondent, Mazars USA LLP.
2020-01-08
Blanket Consent filed by Petitioner, Donald Trump
2019-12-13
Petition GRANTED. The case will set for argument in the March 2020 argument session.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-25
Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc. filed.
2019-11-25
Reply of petitioner Donald Trump filed.
2019-11-22
Brief amicus curiae of United States filed.
2019-11-21
Waiver of right of respondent Mazars USA LLP to respond filed.
2019-11-21
Brief of respondents Cyrus R. Vance, Jr., in his official capacity as district attorney of the County of New York,et al. in opposition filed.
2019-11-14
Petition for a writ of certiorari filed. (Response due December 18, 2019)

Attorneys

Boston University Law Professors Sean J. Kealy and James J. Wheaton
James John WheatonBoston University School of Law, Amicus
Christian Family Coalition (CFC) Florida, Inc.
Dennis Grossman — Amicus
Claire Finkelstein and the Center for Ethics and the Rule of Law at the University of Pennsylvania
Richard William PainterUniversity of Minnesota Law School, Amicus
Commonwealth of Virginia, et al.
Toby Jay HeytensOffice of the Attorney General, Amicus
Cyrus R. Vance, Jr., in his official capacity as district attorney of the County of New York
Carey R. DunneNew York County District Attorney's Office, Respondent
David Boyle
David Christopher Boyle — Amicus
Donald Trump
Jay Alan SekulowConstitutional Litigation and Advocacy Group, P.C., Petitioner
Eagle Forum Education & Legal Defense Fund
Lawrence J. JosephLaw Office of Lawrence J. Joseph, Amicus
Electronic Privacy Information Center
Alan Jay ButlerElectronic Privacy Information Center, Amicus
Marc RotenbergElectronic Privacy Information Center, Amicus
Eugene H. Goldberg
Eugene H. Goldberg — Amicus
Former Department of Justice Officials
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Former Republican Members of Congress, et al.
Justin Grant FlorenceProtect Democracy Project, Amicus
Mazars USA LLP
Jerry D. BernsteinBlank Rome LLP, Respondent
The American Civil Liberties Union, and The New York Civil Liberties Union
David D. ColeAmerican Civil Liberties Union Foundation, Amicus
United States
Jeffrey B. WallActing Solicitor General, Amicus
Washington State Tax Practitioners
Dirk GiseburtDavis Wright Tremaine LLP, Amicus