State of California, et al. v. Trump, et al.
| STATE OF CALIFORNIA and GAVIN NEWSOM, in his official capacity as Governor of California |
| DONALD J. TRUMP, in his official capacity as President of the United States, KRISTI NOEM, in her official capacity as Secretary of Homeland Security, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, in his official capacity as Acting Commissioner for U.S. Customs and Border Protection and UNITED STATES CUSTOMS AND BORDER PROTECTION |
| ROBERT LACAMBRA |
| GEORGE F. ALLEN, JOSHUA A. CLAYBOURN, JOHN C. DANFORTH, RICHARD A. EPSTEIN, PROFESSOR, CHARLES T. HAGEL, HAROLD HONGJU KOH, GERARD N. MAGLIOCCA, MICHAEL B. MUKASEY, ALAN O. SYKES, JOHN DANIEL TINDER, ALEXANDER VOLOKH, PETER J. WALLISON, PHILIP ZELIKOW, BRENNAN CENTER FOR JUSTICE, CONSUMER WATCHDOG, AMERICA FIRST LEGAL FOUNDATION and COALITION FOR A PROSPEROUS AMERICA |
| 25-3493 |
| June 3, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 56 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 50 by Appellee Donald J. Trump, Appellee Kristi Noem, Appellee United States Department of Homeland Security, Appellee Pete R. Flores, Appellee United States Customs and Border Protection received. [Entered: 08/01/2025 11:11 AM] |
| Filing 55 Paper copies (6) of Answering Brief submitted at DE 49 by Appellee Donald J. Trump, Appellee Kristi Noem, Appellee United States Department of Homeland Security, Appellee Pete R. Flores, Appellee United States Customs and Border Protection received. [Entered: 08/01/2025 11:07 AM] |
| Filing 54 CLERK ACTION: Amicus Brief submitted at DE 51 by Amici Curiae America First Legal Foundation, Coalition for a Prosperous America is filed. No paper copies are required. [Entered: 07/30/2025 12:55 PM] |
| Filing 53 ADDED Amici Curiae America First Legal Foundation, Coalition for a Prosperous America; Counsel for Amici Curiae: R. Trent McCotter. [Entered: 07/30/2025 12:51 PM] |
Filing 52
ORDER FILED. Answering Brief submitted at DE 49 by Appellees is filed. Within 7 days of this order, Appellees must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 50 by Appellees are filed. Within 7 days of this order, Appellees must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 07/30/2025 12:41 PM]
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| Filing 51 AMICUS BRIEF by government or with consent submitted for filing by America First Legal Foundation and Coalition for a Prosperous America. [Entered: 07/30/2025 12:30 PM] |
| Filing 50 EXCERPTS OF RECORD submitted for filing by Appellee Donald J. Trump, Appellee Kristi Noem, Appellee United States Department of Homeland Security, Appellee Pete R. Flores, Appellee United States Customs and Border Protection.--[COURT UPDATE: Corrected PDF attached as of 7/30/2025, REPLACING original attachment] [Entered: 07/28/2025 07:22 PM] [Edited: 07/30/2025 12:35 PM] |
| Filing 49 ANSWERING BRIEF submitted for filing by Appellee Donald J. Trump, Appellee Kristi Noem, Appellee United States Department of Homeland Security, Appellee Pete R. Flores, Appellee United States Customs and Border Protection.--[COURT UPDATE: Corrected PDF attached as of 7/30/2025, REPLACING original attachment] [Entered: 07/28/2025 07:19 PM] [Edited: 07/30/2025 12:35 PM] |
| Filing 48 ADDED Counsel for Appellee Sarah Welch [Entered: 07/28/2025 03:37 PM] |
| Filing 47 NOTICE OF APPEARANCE by Sarah Welch for Appellee Donald J. Trump, Appellee Kristi Noem, Appellee Pete R. Flores, Appellee United States Customs and Border Protection, Appellee United States Department of Homeland Security. [Entered: 07/28/2025 02:45 PM] |
| Filing 46 ADDED Counsel for Amicus Curiae William Pletcher [Entered: 07/22/2025 11:46 AM] |
| Filing 45 NOTICE OF APPEARANCE by William Pletcher for Amicus Curiae Consumer Watchdog. [Entered: 07/22/2025 11:41 AM] |
| Filing 44 ADDED Counsel for Amicus Curiae Harvey Rosenfield [Entered: 07/21/2025 03:56 PM] |
| Filing 43 NOTICE OF APPEARANCE by Harvey Rosenfield for Amicus Curiae Consumer Watchdog. [Entered: 07/21/2025 03:53 PM] |
| Filing 42 ACKNOWLEDGMENT of hearing notice filed by Julie Veroff for Appellant State of California, Appellant Gavin Newsom. Hearing in Seattle - Courtroom 2 in Seattle, on 9/17/2025 10:00:00 AM, 6/30/2025 8:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 07/21/2025 10:06 AM] |
| Filing 41 Paper copies (6) of Amicus Brief submitted at DE 33 by The Brennan Center for Justice at NYU School of Law received. (sent to panel) [Entered: 07/11/2025 10:14 AM] |
| Filing 40 Paper copies (6) of Amicus Brief submitted at DE 34 by Consumer Watchdog received. (sent to panel) [Entered: 07/11/2025 10:11 AM] |
| Filing 39 6 Paper copies of Amicus Brief submitted at DE 30 by received. [Entered: 07/09/2025 10:24 AM] |
| Filing 38 NOTICE OF ORAL ARGUMENT on Wednesday, September 17, 2025 - 10:00 A.M. - SE 7th Flr Courtroom 2 - Scheduled Location: Seattle WA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-3493] [Entered: 07/09/2025 09:05 AM] |
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Filing 37
ORDER FILED. Amicus Brief submitted at DE 34 by Consumer Watchdog is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 07/08/2025 02:36 PM]
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Filing 36
ORDER FILED. Amicus Brief submitted at DE 33 by The Brennan Center for Justice at NYU School of Law is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 07/08/2025 02:32 PM]
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| Filing 35 ADDED Amici Curiae Brennan Center for Justice, Consumer Watchdog; Counsel for Amici Curiae: Elizabeth Goitein, Benjamin Powell. [Entered: 07/08/2025 02:22 PM] |
| Filing 34 AMICUS BRIEF by government or with consent submitted for filing by Consumer Watchdog. [Entered: 07/07/2025 07:11 PM] |
| Filing 33 AMICUS BRIEF by government or with consent submitted for filing by The Brennan Center for Justice at NYU School of Law. [Entered: 07/07/2025 06:14 PM] |
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Filing 32
ORDER FILED. Amicus Brief submitted at DE 30 by George F. Allen, et al. is filed. Within 7 days of this order, Amici must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 07/07/2025 01:38 PM]
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| Filing 31 ADDED Amici Curiae George F. Allen, Joshua A. Claybourn, John C. Danforth, Richard A. Epstein, Charles T. Hagel, Harold Hongju Koh, Gerard N. Magliocca, Michael B. Mukasey, Alan O. Sykes, John Daniel Tinder, Alexander Volokh, Peter J. Wallison, Philip Zelikow; Counsel for Amici Curiae: Daniel William Wolff. [Entered: 07/07/2025 01:28 PM] |
| Filing 30 AMICUS BRIEF by government or with consent submitted for filing by George F. Allen, Joshua A. Claybourn, John C. Danforth, Richard A. Epstein, Charles T. Hagel, et al.. [Entered: 07/07/2025 10:08 AM] |
| Filing 29 3 Paper copies of Excerpts of Record in 1 Volume submitted at DE 26 by Appellant State of California, Appellant Gavin Newsom received. Sent to panel [Entered: 07/02/2025 03:35 PM] |
| Filing 28 6 Paper copies of Opening Brief submitted at DE 25 by Appellant State of California, Appellant Gavin Newsom received. Sent to panel [Entered: 07/02/2025 03:32 PM] |
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Filing 27
ORDER FILED. Opening Brief submitted at DE 25 by Appellant State of California, Appellant Gavin Newsom is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 26 by Appellant State of California, Appellant Gavin Newsom are filed. Within 7 days of this order, Appellant must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 06/30/2025 03:26 PM]
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| Filing 26 EXCERPTS OF RECORD submitted for filing by Appellant State of California, Appellant Gavin Newsom. [Entered: 06/30/2025 01:49 PM] |
| Filing 25 OPENING BRIEF submitted for filing by Appellant State of California, Appellant Gavin Newsom. [Entered: 06/30/2025 01:48 PM] |
| Filing 24 TERMINATED participation of Intervenor - Pending Robert Lacambra. [Entered: 06/18/2025 04:51 PM] |
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Filing 23
ORDER FILED. Kim McLane WARDLAW, Gabriel P. SANCHEZ, Anthony D. JOHNSTONE The motion (Docket Entry No. 14) to expedite is granted. The opening brief is due June 30, 2025. The answering brief is due July 28, 2025. The optional reply brief is due August 18, 2025. No streamlined extensions of time to file a brief will be approved. See 9th Cir. R. 31-2.2(a)(1). The motion (Docket Entry No. 20) to intervene is denied. No motions for reconsideration, modification, or clarification of this denial will be entertained. The motion (Docket Entry No. 21) to proceed in forma pauperis is denied as moot. The clerk will place this case on the calendar for September 2025. See 9th Cir. Gen. Ord. 3.3(g). [Entered: 06/18/2025 04:50 PM]
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| Filing 22 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 06/16/2025 09:36 AM] |
| Filing 19 ADDED Intervenor - Pending Robert Lacambra [Entered: 06/12/2025 09:42 AM] |
| Filing 21 MOTION to Proceed In Forma Pauperis filed by Robert Lacambra. [Entered: 06/12/2025 09:46 AM] |
| Filing 20 MOTION to Intervene filed by Robert Lacambra. [Entered: 06/12/2025 09:43 AM] |
| Filing 18 RESPONSE to Motion to Expedite (DE 14) filed by Appellee Donald J. Trump, Appellee Kristi Noem, Appellee United States Department of Homeland Security, Appellee Pete R. Flores, Appellee United States Customs and Border Protection. [Entered: 06/05/2025 01:31 PM] |
| Filing 17 MEDIATION ORDER: By 6/13/2025, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 06/05/2025 12:15 PM] |
| Filing 16 ADDED Counsel for Appellee Sophia Shams [Entered: 06/05/2025 09:06 AM] |
| Filing 15 NOTICE OF APPEARANCE by Sophia Shams for Appellee Donald J. Trump, Appellee Kristi Noem, Appellee Pete R. Flores, Appellee United States Customs and Border Protection, Appellee United States Department of Homeland Security. [Entered: 06/05/2025 07:28 AM] |
| Filing 14 MOTION to Expedite filed by Appellant State of California, Appellant Gavin Newsom. [Entered: 06/04/2025 06:28 PM] |
| Filing 13 ADDED Counsel for Appellant Zelda Rose Vassar [Entered: 06/04/2025 04:50 PM] |
| Filing 12 MEDIATION QUESTIONNAIRE filed by Appellant State of California, Appellant Gavin Newsom. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 06/04/2025 04:50 PM] |
| Filing 11 NOTICE OF APPEARANCE by Zelda Rose Vassar for Appellant Gavin Newsom, Appellant State of California. [Entered: 06/04/2025 04:42 PM] |
| Filing 10 ADDED Counsel for Appellant Julie Veroff [Entered: 06/04/2025 09:22 AM] |
| Filing 9 NOTICE OF APPEARANCE by Julie Veroff for Appellant Gavin Newsom, Appellant State of California. [Entered: 06/04/2025 08:50 AM] |
| Filing 8 ADDED Counsel for Appellee Michael Raab [Entered: 06/03/2025 02:11 PM] |
| Filing 7 NOTICE OF APPEARANCE by Michael Raab for Appellee Donald J. Trump, Appellee Kristi Noem, Appellee Pete R. Flores, Appellee United States Customs and Border Protection, Appellee United States Department of Homeland Security. [Entered: 06/03/2025 11:45 AM] |
| Filing 6 ADDED Counsel for Appellee Bradley Hinshelwood [Entered: 06/03/2025 11:22 AM] |
| Filing 5 NOTICE OF APPEARANCE by Bradley Hinshelwood for Appellee Donald J. Trump, Appellee Kristi Noem, Appellee Pete R. Flores, Appellee United States Customs and Border Protection, Appellee United States Department of Homeland Security. [Entered: 06/03/2025 11:16 AM] |
| Filing 4 ADDED Counsel for Appellee Daniel L. Winik [Entered: 06/03/2025 10:42 AM] |
| Filing 3 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 6/9/2025, Appeal Transcript Order Due (Appellant) 6/16/2025, Appeal Transcript Due (Appellant) 7/16/2025, Appeal Opening Brief Due (Appellant) 8/25/2025, Appeal Answering Brief Due (Appellee) 9/24/2025. For appeal no. 25-3493, 3:25-cv-03372-JSC. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 06/03/2025 10:34 AM] |
| Filing 2 NOTICE OF APPEARANCE by Daniel L. Winik for Appellee Donald J. Trump, Appellee Kristi Noem, Appellee Pete R. Flores, Appellee United States Customs and Border Protection, Appellee United States Department of Homeland Security. [Entered: 06/03/2025 10:33 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-03372-JSC has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-3493 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 06/03/2025 10:29 AM] |
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