No. 19-975

Center for Biological Diversity, et al. v. Chad Wolf, Acting Secretary of Homeland Security, et al.

Lower Court: District of Columbia
Docketed: 2020-02-04
Status: Denied
Type: Paid
Amici (4)Response RequestedResponse WaivedRelisted (2)
Tags: administrative-law border-wall constitutional-challenge homeland-security immigration-law immigration-reform non-delegation-doctrine Presentment-Clause separation-of-powers
Latest Conference: 2020-06-25 (distributed 2 times)
Question Presented (from Petition)

Whether IIRIRA § 102(c)—which grants the Secretary of Homeland Security unfettered discretion to waive all federal, and related state, local, and tribal laws, regulations, and legal requirements, and sets forth no standards or criteria to apply in determining whether such waiver is necessary for expeditious border wall construction—violates the separation of powers, the non-delegation doctrine, and the Presentment Clause of the Constitution of the United States.

Question Presented (AI Summary)

Whether ITRIRA § 102(c) violates the separation-of-powers, the non-delegation-doctrine, and the Presentment-Clause

Docket Entries

2020-06-29
Petition DENIED.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-04
Reply of petitioners Center for Biological Diversity, et al. filed. (Distributed)
2020-05-21
Brief of respondents Chad F. Wolf, Acting Secretary of Homeland Security, et al. in opposition filed.
2020-05-14
Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2020.
2020-05-13
Motion to extend the time to file a response from May 18, 2020 to May 21, 2020, submitted to The Clerk.
2020-04-13
Motion to extend the time to file a response is granted and the time is extended to and including May 18, 2020.
2020-04-10
Motion to extend the time to file a response from April 16, 2020 to May 18, 2020, submitted to The Clerk.
2020-03-17
Response Requested. (Due April 16, 2020)
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-03-05
Brief amici curiae of North American Butterfly Association and National Butterfly Center filed.
2020-03-05
Brief amici curiae of Dr. Deni J. Seymour, Rick and Sandy Martynec, Gayle Hartmann, Dr. Paul R. and Dr. Suzanne Fish, and Archaeology Southwest filed.
2020-03-05
Brief amici curiae of Local Governments filed.
2020-03-05
Brief amici curiae of La Union del Pueblo Entero (LUPE) filed.
2020-03-05
Waiver of right of respondents Chad F. Wolf, et al. to respond filed.
2020-02-14
Blanket Consent filed by Petitioners, Center for Biological Diversity, et al.
2020-01-31
Petition for a writ of certiorari filed. (Response due March 5, 2020)
2019-10-29
Application (19A463) granted by The Chief Justice extending the time to file until February 1, 2020.
2019-10-21
Application (19A463) to extend the time to file a petition for a writ of certiorari from December 3, 2019 to February 1, 2020, submitted to The Chief Justice.

Attorneys

Center for Biological Diversity, et al.
Anchun Jean SuCenter for Biological Diversity, Petitioner
Chad F. Wolf, et al.
Noel J. FranciscoSolicitor General, Respondent
Dr. Deni J. Seymour, Rick and Sandy Martynec, Gayle Hartmann, Dr. Paul R. and Dr. Suzanne Fish, and Archaeology Southwest
William Stewart Eubanks IIEubanks & Associates, LLC, Amicus
La Union del Pueblo Entero (LUPE)
Efren Carlos OlivaresTexas Civil Rights Project, Amicus
Local Governments
Deborah A. SivasStanford Law School Enviromental Law Clinic, Amicus
North American Butterfly Association and National Butterfly Center
Katherine Anne MeyerAnimal Law & Policy Clinic, Harvard Law School, Amicus