Gwynne Wilcox v. Donald Trump, et al
| Gwynne A. Wilcox |
| Donald J. Trump, in his official capacity as President of the United States and Marvin E. Kaplan, in his official capacity as Chairman of the National Labor Relations Board |
| State of Tennessee, Constitutional Accountability Center, State of Florida, Lauren M McFerran, State of Alabama, Mark Gaston Pearce, State of Arkansas, Wilma B. Liebman, State of Georgia, Nancy Schiffer, State of Idaho, Sarah Fox, State of Indiana, Charles Cohen, State of Iowa, State of Minnesota, State of Kansas, State of Illinois, State of Kentucky, State of Arizona, State of Louisiana, State of California, State of Mississippi, State of Colorado, State of Missouri, State of Connecticut, State of Montana, State of Delaware, State of Nebraska, District of Columbia, State of North Dakota, State of Hawaii, State of Oklahoma, State of Maryland, State of South Carolina, State of Massachusetts, State of Texas, State of Michigan, State of Utah, State of Nevada, State of West Virginia, State of New Jersey, Arizona Legislature, State of New Mexico, Ariana Cortes, Americans for Prosperity Foundation, State of New York, Logan Karam, State of Oregon, Separation of Powers Clinic, State of Rhode Island, America's Future, State of Vermont, Conservative Legal Defense and Education Fund, State of Washington, Gun Owners Foundation, Chamber of Commerce of the United States of America, State of Wisconsin, Gun Owners of America, Inc., Coalition for a Democratic Workplace, American Federation of Labor & Congress of Industrial Organizations AFL CIO, 253 Members of Congress, Gun Owners of California, Inc., Jed Shugerman, Public Citizen, Public Advocate Foundation, John C. Coates, IV, Dennis P. Walsh, Public Advocate of the United States, Jeffery N. Gordon, John E. Higgins, Jr., U.S. Constitutional Rights Legal Defense Fund, Kathryn Judge, Peter Conti-Brown, Lev Menand, Patrick Borchers, Michael C. Dorf, Kellen Funk, Aziz Zahirul Huq, Riley Keenan, James Pfander, Jonathan Shaub, State of Maine and State of North Carolina |
| 25-5057 |
| March 7, 2025 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Statutory Actions |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Gwynne A. Wilcox v. Donald J. Trump |
 Gwynne A. Wilcox v. Donald J. Trump
|
Docket Report
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This docket was last retrieved on July 28, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| NOTICE [2127423] to withdraw attorney Brad James Grisenti who represented Coalition for a Democratic Workplace in 25-5057 filed by Coalition for a Democratic Workplace [Service Date: 07/28/2025 ] [25-5057] (Grisenti, Brad) [Entered: 07/28/2025 07:57 AM] |
| NOTICE [2125840] to withdraw attorney Whitney D. Hermandorfer who represented State of Tennessee in 25-5057 filed by State of Tennessee [Service Date: 07/16/2025 ] [25-5057] (Rice, James) [Entered: 07/16/2025 04:15 PM] |
| ENTRY OF APPEARANCE [2125608] filed by James Matthew Rice on behalf of Amicus Curiae for Appellant State of Tennessee. [25-5057] (Rice, James) [Entered: 07/15/2025 04:53 PM] |
| NOTICE [2118893] to withdraw attorney Joshua M. Salzman filed by Marvin E. Kaplan and Donald J. Trump (Service Date: 06/03/2025 by CM/ECF NDA) Length Certification: 49 words. [25-5057]--[Edited 06/03/2025 by SHA] (Salzman, Joshua) [Entered: 06/03/2025 05:13 PM] |
| TRANSCRIPT [2118432] of oral argument (For Internal Use Only: Transcript is only available to court staff) . [25-5057] [Entered: 06/02/2025 09:55 AM] |
| RESPONSE [2118129] to letter [ # 2117322-2 ], letter [ # 2117322-3 ] filed by Gwynne A. Wilcox [Service Date: 05/29/2025 by CM/ECF NDA] Length Certification: 206 Words. [25-5057] (Gupta, Deepak) [Entered: 05/29/2025 04:34 PM] |
| LETTER [2117322] pursuant to FRAP 28j advising of additional authorities filed by Marvin E. Kaplan and Donald J. Trump [Service Date: 05/23/2025 ] [25-5057] (Myron, Laura) [Entered: 05/23/2025 08:18 PM] |
| ORAL ARGUMENT HELD before Judges Katsas, Walker and Pan. [25-5057] [Entered: 05/16/2025 01:13 PM] |
| ENTRY OF APPEARANCE [2114299] filed by Laura E. Myron and co-counsel Harry Graver on behalf of Appellants Marvin E. Kaplan and Donald J. Trump. [25-5057] (Graver, Harry) [Entered: 05/05/2025 01:53 PM] |
| FORM 72 submitted by arguing attorney, Harry Graver, on behalf of Appellants Marvin E. Kaplan and Donald J. Trump (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [25-5057] (Graver, Harry) [Entered: 05/05/2025 01:58 PM] |
| PER CURIAM ORDER [2114088] filed allocating oral argument time as follows: Appellants - 30 Minutes, Appellee Cathy Harris - 15 Minutes, Appellee Gwynne Wilcox - 15 Minutes. Directing parties to file their Form 72 notice of arguing attorneys by 05/05/2025. [25-5037, 25-5055, 25-5057] [Entered: 05/02/2025 03:50 PM] |
| FORM 72 submitted by arguing attorney, Deepak Gupta, on behalf of Appellee Gwynne A. Wilcox (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [25-5057] (Gupta, Deepak) [Entered: 05/02/2025 04:57 PM] |
| APPELLANT REPLY BRIEF [2110611] filed by Donald J. Trump and Marvin E. Kaplan [Service Date: 04/11/2025 ] Length of Brief: 5,902 words. [25-5057] (Aguilar, Daniel) [Entered: 04/11/2025 01:43 PM] |
| CORRECTED AMICUS FOR APPELLEE BRIEF [2110238] filed by Jed Shugerman [Service Date: 04/10/2025 ] Length of Brief: 6,339 words. [25-5057] (Griffin, Richard) [Entered: 04/10/2025 12:11 AM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2110131] lodged by Patrick Borchers, Michael Dorf, Kellen Funk, Aziz Huq, Riley Keenan, James Pfander, and Jonathan Shaub [Service Date: 04/09/2025 ] Length of Brief: 6,477 words. [25-5057]--[Edited 04/09/2025 by EMT--MODIFIED EVENT FROM FILED TO LODGED] (Sellers, Joseph) [Entered: 04/09/2025 02:13 PM] |
| CONSENT NOTICE [2109996] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Former Members of the National Labor Relations Board (Lauren McFerran, Mark Gaston Pearce, Wilma Liebman, Nancy Schiffer, Dennis P. Walsh, Sarah Fox, Charles Cohen, and John E. Higgins, Jr.) [Service Date: 03/11/2025 ] [25-5057] [Service Date: 04/09/2025 ] [25-5057]--[Edited 04/09/2025 by EMT--MODIFIED PARTY FILER] (Fan, Dennis) [Entered: 04/09/2025 08:23 AM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2109997] filed by Mark Gaston Pearce, Nancy Schiffer, Charles Cohen, Lauren M McFerran, Ms. Wilma B. Liebman and Sarah Fox Former Members of the National Labor Relations Board (Lauren McFerran, Mark Gaston Pearce, Wilma Liebman, Nancy Schiffer, Dennis P. Walsh, Sarah Fox, Charles Cohen, and John E. Higgins, Jr.) [Service Date: 03/11/2025 ] Length of Brief: 6,256 Words. [25-5057] (Fan, Dennis) [Entered: 04/09/2025 08:30 AM] |
| NOTICE [2110012] of intention to participate as amicus curiae [Disclosure Listing: Not Attached] filed by Professors John Coates, Jeffrey N. Gordon, Kathryn Judge, and Lev Menand [Service Date: 04/09/2025 ] [25-5057] (Hirsch, Steven) [Entered: 04/09/2025 09:11 AM] |
| AMICUS FOR APPELLEE BRIEF [2110013] filed by John C. Coates, IV, Jeffery N. Gordon, Kathryn Judge and Lev Menand [Service Date: 04/09/2025 ] Length of Brief: 5,557. [25-5057] (Hirsch, Steven) [Entered: 04/09/2025 09:12 AM] |
| CONSENT NOTICE [2110031] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Constitutional Accountability Center [Service Date: 04/09/2025 ] [25-5057] (Gorod, Brianne) [Entered: 04/09/2025 10:08 AM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2110032] filed by Constitutional Accountability Center [Service Date: 04/09/2025 ] Length of Brief: 6,497 words. [25-5057] (Gorod, Brianne) [Entered: 04/09/2025 10:09 AM] |
| NOTICE [2110034] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Public Citizen [Service Date: 04/09/2025 ] [25-5057]--[Edited 04/09/2025 by EMT--MODIFIED PARTY FILER] (Sansone, Nicolas) [Entered: 04/09/2025 10:13 AM] |
| AMICUS FOR APPELLEE BRIEF [2110040] filed by Public Citizen [Service Date: 04/09/2025 ] Length of Brief: 2,901 Words. [25-5057] (Sansone, Nicolas) [Entered: 04/09/2025 10:17 AM] |
| CONSENT NOTICE [2110121] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by 253 Members of Congress [Service Date: 04/09/2025 ] [25-5057]--[Edited 04/09/2025 by EMT--MODIFIED PARTY FILER] (Schoenberg, Anthony) [Entered: 04/09/2025 01:55 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2110124] filed by 253 Members of Congress [Service Date: 04/09/2025 ] Length of Brief: 6,216 words. [25-5057] (Schoenberg, Anthony) [Entered: 04/09/2025 01:58 PM] |
| ENTRY OF APPEARANCE [2110154] filed by Nicolas Sansone and co-counsel Allison Zieve on behalf of Amicus Curiae for Appellee Public Citizen. [25-5057] (Sansone, Nicolas) [Entered: 04/09/2025 03:13 PM] |
| CONSENT NOTICE [2110180] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) [Service Date: 04/09/2025 ] [25-5057]-[Edited 04/10/2025 by EMT--MODIFIED PARTY FILER] (Sharma, Maneesh) [Entered: 04/09/2025 03:54 PM] |
| NOTICE [2110191] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Minnesota, Illinois, Arizona, California, Colorado, Connecticut, Delaware, DC, Hawaii, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin [Service Date: 04/09/2025 ] [25-5057]--[Edited 04/10/2025 by EMT--MODIFIED PARTY FILER] (Hemmer, Alex) [Entered: 04/09/2025 04:06 PM] |
| ENTRY OF APPEARANCE [2110192] filed by Maneesh Sharma on behalf of Amicus Curiae for Appellee American Federation of Labor & Congress of Industrial Organizations AFL CIO. [25-5057] (Sharma, Maneesh) [Entered: 04/09/2025 04:07 PM] |
| AMICUS FOR APPELLEE BRIEF [2110194] filed by DC, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin State of Maine, State of North Carolina [Service Date: 04/09/2025 ] Length of Brief: 4,818 words. [25-5057] (Hemmer, Alex) [Entered: 04/09/2025 04:10 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2110209] filed by American Federation of Labor & Congress of Industrial Organizations AFL CIO [Service Date: 04/09/2025 ] Length of Brief: 3826. [25-5057] (Sharma, Maneesh) [Entered: 04/09/2025 05:03 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2110226] filed by Peter Conti-Brown [Service Date: 04/09/2025 ] Length of Brief: 4,053 Words. [25-5057] (Pittard, William) [Entered: 04/09/2025 07:09 PM] |
| CORRECTED AMICUS FOR APPELLEE BRIEF [2110229] filed by Patrick Borchers, Michael Dorf, Kellen Funk, Aziz Huq, Riley Keenan, James Pfander, and Jonathan Shaub [Service Date: 04/09/2025 ] Length of Brief: 6,477 words. [25-5057] (Sellers, Joseph) [Entered: 04/09/2025 07:38 PM] |
| CONSENT NOTICE [2110234] of intention to participate as amicus curiae [Disclosure Listing: Not Attached] filed by Jed Handelsman Shugerman [Service Date: 04/09/2025 ] [25-5057] (Griffin, Richard) [Entered: 04/09/2025 10:47 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2110236] filed by Jed Shugerman [Service Date: 04/09/2025 ] Length of Brief: 6,339 words. [25-5057] (Griffin, Richard) [Entered: 04/09/2025 11:40 PM] |
| CONSENT NOTICE [2109984] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Peter Conti-Brown [Service Date: 04/08/2025 ] [25-5057]--[Edited 04/09/2025 by EMT--MODIFIED PARTY FILER] (Pittard, William) [Entered: 04/08/2025 06:06 PM] |
| CONSENT NOTICE [2109977] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Patrick Borchers, Michael Dorf, Kellen Funk, Aziz Huq, Riley Keenan, James Pfander, and Jonathan Shaub [Service Date: 04/08/2025 ] [25-5057]--[Edited 04/09/2025 by EMT--MODIFIED PARTY FILER] (Sellers, Joseph) [Entered: 04/08/2025 05:27 PM] |
| PER CURIAM ORDER, En Banc, [2109527] filed considering the petitions for hearing en banc [ # 2108645-2 ], which include motions for en banc reconsideration and vacatur of the courts March 28, 2025 order granting the governments motions for a stay pending appeal, and the combined opposition thereto, which includes a request for a 7-day stay if the motions are granted, it is ORDERED that the motions for en banc reconsideration and vacatur be granted and the governments motions for a stay pending appeal be denied. It is FURTHER ORDERED that the request for a 7-day stay be denied. SEE ORDER FOR DETAILS. Before Judges: Srinivasan, Henderson, Millett, Pillard, Wilkins, Katsas, Rao, Walker, Childs, Pan and Garcia. (Chief Judge Srinivasan fully joins this order, but he would grant the governments request to stay this order for 7 days to permit the government to seek relief from the Supreme Court. Circuit Judges Henderson, Katsas, Rao, and Walker dissent from this order, and they would also grant the governments request to stay this order for 7 days to permit the government to seek relief from the Supreme Court. Separate dissenting statements of Circuit Judges Henderson, Rao, and Walker are attached. Circuit Judges Henderson, Katsas, and Walker join in the statement of Circuit Judge Rao. Circuit Judge Henderson joins in the statement of Circuit Judge Walker.). [25-5057] [Entered: 04/07/2025 08:11 AM] |
| APPELLEE BRIEF [2109572] filed by Gwynne A. Wilcox [Service Date: 04/07/2025 ] Length of Brief: 12,046 Words. [25-5057] (Gupta, Deepak) [Entered: 04/07/2025 11:34 AM] |
| PER CURIAM ORDER, En Banc, [2109528] filed denying petitions for initial hearing en banc [ # 2108645-3 ] Before Judges: Srinivasan, Henderson, Millett, Pillard, Wilkins, Katsas, Rao, Walker, Childs, Pan and Garcia. [25-5057] [Entered: 04/07/2025 08:15 AM] |
| RESPONSE [2109014] to petition [ # 2108645-2 ], petition [ # 2108645-3 ] filed by Donald J. Trump and Marvin E. Kaplan [Service Date: 04/02/2025 by CM/ECF NDA] Length Certification: 1,692 words. [25-5057] (Aguilar, Daniel) [Entered: 04/02/2025 02:04 PM] |
| CLERK'S ORDER [2108868] filed directing response to petition for hearing en banc [ # 2108645-2 ]. Response to the request for en banc reconsideration and vacatur is due by 5:00 p.m. on Wednesday, April 2, 2025. The response may not exceed the length limitations established by the order. [25-5057] [Entered: 04/01/2025 06:04 PM] |
| ENTRY OF APPEARANCE [2108838] filed by Steven A. Engel and co-counsel Michael H. McGinley, Brian A. Kulp on behalf of Amicus Curiae for Appellant Chamber of Commerce of the United States of America. [25-5057] (Engel, Steven) [Entered: 04/01/2025 03:49 PM] |
| ENTRY OF APPEARANCE [2108793] filed by Kevin F. King and co-counsel Brad J. Grisenti on behalf of Amicus Curiae for Appellant Coalition for a Democratic Workplace. [25-5057] (King, Kevin) [Entered: 04/01/2025 02:52 PM] |
| ENTRY OF APPEARANCE [2108792] filed by Kevin F. King and co-counsel Matthew J. Glover; Eli Nachmany on behalf of Amicus Curiae for Appellant Coalition for a Democratic Workplace. [25-5057] (King, Kevin) [Entered: 04/01/2025 02:51 PM] |
| PETITION [2108645] for initial hearing en banc and for rehearing en banc filed by Appellee Gwynne A. Wilcox [Service Date: 03/31/2025 by CM/ECF NDA] Length Certification: 3,896. [25-5057] (Gupta, Deepak) [Entered: 04/01/2025 12:05 AM] |
| PER CURIAM ORDER [2108450] filed upon consideration of the emergency motions for administrative stay, the combined opposition thereto, and the reply filed in No. 25-5037, et al., it is ORDERED that the motions be denied. Before Judges: Henderson, Millett and Walker. [25-5057] [Entered: 03/30/2025 06:26 PM] |
| RESPONSE IN OPPOSITION [2108439] to motion for other relief [ # 2108406-2 ] filed by Donald J. Trump and Marvin E. Kaplan [Service Date: 03/30/2025 by CM/ECF NDA] Length Certification: 1244 words. [25-5057] (Myron, Laura) [Entered: 03/30/2025 01:35 PM] |
| AMICUS FOR APPELLANT BRIEF [2108428] filed by State of Florida, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and the Arizona Legislature [Service Date: 03/29/2025 ] Length of Brief: 6,468 Words. [25-5057]--[Edited 03/31/2025 by EMT] (DeSousa, Jeffrey) [Entered: 03/29/2025 03:57 PM] |
| AMICUS FOR APPELLANT BRIEF [2108436] filed by America's Future, Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Public Advocate of the United States, Public Advocate Foundation, U.S. Constitutional Right Legal Defense Fund, and Con. Legal Defense and Education Fund [Service Date: 03/29/2025 ] Length of Brief: 5,879 words. [25-5057] (Olson, William) [Entered: 03/29/2025 08:20 PM] |
| CONSENT AMICUS FOR APPELLANT BRIEF [2108434] filed by Coalition for a Democratic Workplace [Service Date: 03/29/2025 ] Length of Brief: 5,874 Words. [25-5057] (King, Kevin) [Entered: 03/29/2025 05:55 PM] |
| NOTICE [2108433] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Coalition for a Democratic Workplace [Service Date: 03/29/2025 ] [25-5057] [Edited 03/30/2025 by EKC] (King, Kevin) [Entered: 03/29/2025 05:49 PM] |
| CONSENT AMICUS FOR APPELLANT BRIEF [2108426] filed by The Chamber of Commerce of the United States of America [Service Date: 03/29/2025 ] Length of Brief: 6,309 Words. [25-5057] (Engel, Steven) [Entered: 03/29/2025 03:40 PM] |
| NOTICE [2108413] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by America's Future, Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Public Advocate of the United States, Public Advocate Foundation, U.S. Constitutional Rights Legal Defense Fund, and Con. Legal Defense and Education Fund [Service Date: 03/29/2025 ] [25-5057] (Olson, William) [Entered: 03/29/2025 01:37 PM] |
| PER CURIAM ORDER [2108410] filed it is ORDERED that appellants file a combined response to the motions by 5:00 p.m. on Sunday, March 30, 2025. Before Judges: Henderson, Millett and Walker. [25-5057] [Entered: 03/29/2025 09:34 AM] |
| EMERGENCY MOTION [2108406] for administrative stay pending request for initial hearing en banc filed by Gwynne A. Wilcox (Service Date: 03/28/2025 by CM/ECF NDA) Length Certification: 1,414 words. [25-5057] (Gupta, Deepak) [Entered: 03/28/2025 11:39 PM] |
| PER CURIAM ORDER [2108335] filed granting the emergency motions for stay filed in Nos. 25-5055 [ # 2104332-2 ], and 25-5057 [ # 2104700-2 ]. Separate concurring statements of Judge Walker and Judge Henderson and a dissenting statement of Judge Millett are attached. Before Judges: Henderson, Millett* and Walker. (*Judge Millett dissents from the grant of the emergency motions for stay.) [25-5037, 25-5055, 25-5057] [Entered: 03/28/2025 03:13 PM] |
| AMICUS FOR APPELLANT BRIEF [2108308] filed by State of Tennessee [Service Date: 03/28/2025 ] Length of Brief: 3,936. [25-5057] (Hermandorfer, Whitney) [Entered: 03/28/2025 02:12 PM] |
| CONSENT NOTICE [2108232] of intention to participate as amicus curiae [Disclosure Listing: Previously Filed] filed by Americans for Prosperity Foundation [Service Date: 03/28/2025 ] [25-5057]--[Edited 03/28/2025 by EMT--MODIFIED PARTY FILER] (Pepson, Michael) [Entered: 03/28/2025 10:29 AM] |
| CONSENT AMICUS FOR APPELLANT BRIEF [2108206] filed by Americans for Prosperity Foundation [Service Date: 03/28/2025 ] Length of Brief: 6325. [25-5057] (Pepson, Michael) [Entered: 03/28/2025 09:17 AM] |
| JOINT APPENDIX [2108081] filed by Marvin E. Kaplan and Donald J. Trump [Volumes: 1] [Service Date: 03/27/2025 ] [25-5057] (Aguilar, Daniel) [Entered: 03/27/2025 02:16 PM] |
| APPELLANT BRIEF [2108077] filed by Marvin E. Kaplan and Donald J. Trump [Service Date: 03/27/2025 ] Length of Brief: 10,786 words. [25-5057] (Aguilar, Daniel) [Entered: 03/27/2025 02:14 PM] |
| TRANSCRIPT [2107949] of oral argument (For Internal Use Only: Transcript is only available to court staff) . [25-5057] [Entered: 03/27/2025 07:52 AM] |
| PER CURIAM ORDER [2107167] filed granting motion to participate as amicus curiae [ # 2105622-2 ] in 25-5037, 25-5055, granting motion to participate as amicus curiae [ # 2105453-2 ] in 25-5057, granting motion to participate as amicus curiae [ # 2105152-2 ] in 25-5057, granting motion to participate as amicus curiae [ # 2105001-2 ] in 25-5057, granting motion to participate as amicus curiae [ # 2104884-2 ] in 25-5057. Before Judges: Henderson, Millett, Walker. [25-5037, 25-5055, 25-5057] [Entered: 03/21/2025 07:05 PM] |
| ENTRY OF APPEARANCE [2107109] filed by Jennifer D. Bennett on behalf of Appellee Gwynne A. Wilcox. [25-5057] (Bennett, Jennifer) [Entered: 03/21/2025 03:00 PM] |
| PER ABOVE ORDER lodged Amicus brief [ # 2105610-2 ], Amicus brief [ # 2105288-2 ], Amicus brief [ # 2105154-2 ], Amicus brief [ # 2105280-2 ] is filed [25-5057] [Entered: 03/21/2025 07:23 PM] |
| CLERK'S ORDER [2107136] filed scheduling oral argument on Friday, 05/16/2025. [25-5057] [Entered: 03/21/2025 04:05 PM] |
| PER CURIAM ORDER [2106376] filed setting briefing schedule: APPELLANT Brief due 03/27/2025. APPENDIX due 03/27/2025. AMICUS FOR APPELLANT Brief due 03/29/2025. APPELLEE Brief due on 04/07/2025. AMICUS FOR APPELLEE Brief due 04/09/2025. APPELLANT Reply Brief due 04/11/2025 Before Judges: Henderson, Millett and Walker. [25-5057] [Entered: 03/18/2025 06:17 PM] |
| ORAL ARGUMENT HELD before Judges Henderson, Millett and Walker. [25-5057] [Entered: 03/18/2025 02:13 PM] |
| CORRECTED NOTICE [2105891] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Minnesota, Illinois, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin [Service Date: 03/14/2025 ] [25-5057]--[Edited 03/17/2025 by EMT--MODIFIED PARTY FILER] (Hemmer, Alex) [Entered: 03/14/2025 05:34 PM] |
| CORRECTED AMICUS FOR APPELLEE BRIEF [2105610] lodged by Jed Shugerman [Service Date: 03/13/2025 ] Length of Brief: 2,599 words. [25-5057]--[Edited 03/13/2025 by EMT--MODIFIED EVENT FROM FILED TO LODGED] (Griffin, Richard) [Entered: 03/13/2025 02:07 PM] |
| NOTICE [2105576] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Minnesota, Illinois, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin [Service Date: 03/13/2025 ] [25-5057] (Hemmer, Alex) [Entered: 03/13/2025 12:21 PM] |
| REPLY [2105565] filed by Marvin E. Kaplan and Donald J. Trump to response [ # 2105107-2 ] [Service Date: 03/13/2025 by CM/ECF NDA] Length Certification: 2,451 words. [25-5057] (Myron, Laura) [Entered: 03/13/2025 11:32 AM] |
| ENTRY OF APPEARANCE [2105494] filed by Laura E. Myron and co-counsel Daniel Aguilar on behalf of Appellants Marvin E. Kaplan and Donald J. Trump. [25-5057] (Aguilar, Daniel) [Entered: 03/13/2025 08:59 AM] |
| ENTRY OF APPEARANCE [2105333] filed by Brianne J. Gorod and co-counsel Elizabeth B. Wydra, Brian R. Frazelle on behalf of Amicus Curiae for Appellee Constitutional Accountability Center. [25-5057] (Gorod, Brianne) [Entered: 03/12/2025 02:06 PM] |
| NOTICE [2105404] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Jeffrey DeSousa for States of Florida, Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, N. Dakota, Oklahoma, S. Carolina, S. Dakota, Texas, Utah, W. Virginia, and Arizona Legislature [Service Date: 03/12/2025 ] [25-5057]--[Edited 03/13/2025 by EMT--MODIFIED PARTY FILER] (DeSousa, Jeffrey) [Entered: 03/12/2025 04:12 PM] |
| AMICUS FOR APPELLEE BRIEF [2105208] filed by Minnesota, Illinois, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin [Service Date: 03/12/2025 ] Length of Brief: 2,260. [25-5057] (Hemmer, Alex) [Entered: 03/12/2025 10:56 AM] |
| PER CURIAM ORDER [2105398] filed scheduling oral argument on Tuesday, 03/18/2025; allocating oral argument time as follows: Appellants - 30 Minutes, Appellee Harris - 15 Minutes, Appellee Wilcox - 15 Minutes; directing party to file Form 72 notice of arguing attorney by 03/13/2025. Before Judges: Henderson, Millett and Walker. [25-5055, 25-5037, 25-5057] [Entered: 03/12/2025 04:02 PM] |
| FORM 72 submitted by arguing attorney, Deepak Gupta, on behalf of Appellee Gwynne A. Wilcox (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [25-5057] (Gupta, Deepak) [Entered: 03/12/2025 07:02 PM] |
| ENTRY OF APPEARANCE [2105451] filed by Laura E. Myron and co-counsel Eric D. McArthur on behalf of Appellants Marvin E. Kaplan and Donald J. Trump. [25-5057] (McArthur, Eric) [Entered: 03/12/2025 06:39 PM] |
| CONSENT MOTION [2105453] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Jed Handelsman Shugerman [Service Date: 03/12/2025 ] [25-5057]--[Edited 03/13/2025 by EMT--MODIFIED PARTY FILER] (Griffin, Richard) [Entered: 03/12/2025 07:39 PM] |
| AMICUS FOR APPELLEE BRIEF [2105612] lodged by Jed Shugerman [Service Date: 03/12/2025 ] Length of Brief: 2599 words. [25-5057]--[Edited 03/13/2025 by EMT--MODIFIED EVENT FROM FILED TO LODGED] [Entered: 03/13/2025 02:09 PM] |
| AMICUS FOR APPELLANT BRIEF [2105054] filed by State of Tennessee [Service Date: 03/11/2025 ] Length of Brief: 2,383 words. [25-5057] (Hermandorfer, Whitney) [Entered: 03/11/2025 01:49 PM] |
| MOTION [2105001] to participate as amicus curiae [Disclosure Listing: Attached] filed by Separation of Powers Clinic [Service Date: 03/11/2025 ] [25-5057]--[Edited 03/12/2025 by EMT--MODIFIED PARTY FILER] (McCotter, R. Trent) [Entered: 03/11/2025 11:28 AM] |
| CONSENT NOTICE [2105006] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Constitutional Accountability Center [Service Date: 03/11/2025 ] [25-5057]--[Edited 03/12/2025 by EMT--MODIFIED PARTY FILER] (Gorod, Brianne) [Entered: 03/11/2025 11:42 AM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2105008] filed by Constitutional Accountability Center [Service Date: 03/11/2025 ] Length of Brief: 2,597 words. [25-5057] (Gorod, Brianne) [Entered: 03/11/2025 11:46 AM] |
| AMICUS FOR APPELLANT BRIEF [2105052] filed by Jeffrey DeSousa for the States Florida, Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, N. Dakota, Oklahoma, S. Carolina, S. Dakota, Texas, Utah, W. Virginia, and AZ Legislature [Service Date: 03/11/2025 ] Length of Brief: 2600. [25-5057] (DeSousa, Jeffrey) [Entered: 03/11/2025 01:45 PM] |
| NOTICE [2105053] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by State of Tennessee [Service Date: 03/11/2025 ] [25-5057]--[Edited 03/13/2025 by EMT--MODIFIED PARTY FILER] (Hermandorfer, Whitney) [Entered: 03/11/2025 01:45 PM] |
| RESPONSE IN OPPOSITION [2105107] to motion [ # 2104700-2 ] filed by Gwynne A. Wilcox [Service Date: 03/11/2025 by CM/ECF NDA] Length Certification: 5,190 Words. [25-5057] (Gupta, Deepak) [Entered: 03/11/2025 04:25 PM] |
| CONSENT MOTION [2105152] to participate as amicus curiae [Disclosure Listing: Attached] filed by American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) [Service Date: 03/11/2025 ] [25-5057]--[Edited 03/13/2025 by EMT--MODIFIED PARTY FILER] (Ginsburg, Matthew) [Entered: 03/11/2025 09:48 PM] |
| CONSENT NOTICE [2105153] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Former National Labor Relations Board Members [Service Date: 03/11/2025 ] [25-5057]--[Edited 03/13/2025 by EMT--MODIFIED PARTY FILER] (Fan, Dennis) [Entered: 03/11/2025 09:51 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2105154] lodged by American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) [Service Date: 03/11/2025 ] Length of Brief: 2,005 words.. [25-5057]--[Edited 03/13/2025 by EMT--MODIFIED EVENT FROM FILED TO LODGED] (Ginsburg, Matthew) [Entered: 03/11/2025 09:52 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2105155] filed by Former National Labor Relations Board Members [Service Date: 03/11/2025 ] Length of Brief: 6,018 Words. [25-5057] (Fan, Dennis) [Entered: 03/11/2025 09:55 PM] |
| AMICUS FOR APPELLANT BRIEF [2105288] lodged by Separation of Powers Clinic [Service Date: 03/11/2025 ] Length of Brief: 3234 words. [25-5057] [Entered: 03/12/2025 12:49 PM] |
| AMICUS FOR APPELLANT BRIEF [2105280] lodged by Ariana Cortes and Logan Karam [Service Date: 03/10/2025 ] Length of Brief: 2576 words. [25-5057] [Entered: 03/12/2025 12:37 PM] |
| CONSENT MOTION [2104884] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Ariana Cortes and Logan Karam [Service Date: 03/10/2025 ] [25-5057]--[Edited 03/12/2025 by EMT--MODIFIED PARTY FILER] (Solem, Aaron) [Entered: 03/10/2025 06:03 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2104853] filed by Professors John Coates, Jeffrey N. Gordon, Kathryn Judge, and Lev Menand [Service Date: 03/10/2025 ] Length of Brief: 5,482. [25-5057] (Hirsch, Steven) [Entered: 03/10/2025 04:29 PM] |
| NOTICE [2104845] of intention to participate as amicus curiae [Disclosure Listing: Not Attached] filed by Professors John Coates, Jeffrey N. Gordon, Kathryn Judge, and Lev Menand [Service Date: 03/10/2025 ] [25-5057]--[Edited 03/12/2025 by EMT--MODIFIED PARTY FILER] (Hirsch, Steven) [Entered: 03/10/2025 04:17 PM] |
| PER CURIAM ORDER [2104804] filed ORDERED that appellee file a response to the emergency motion for stay pending appeal [ # 2104700-2 ] by 5:00 p.m. on Tuesday, March 11, 2025. Any reply is due by 12:00 noon on Thursday, March 13, 2025. Before Judges: Henderson, Millett and Walker. [25-5057] [Entered: 03/10/2025 03:10 PM] |
| EMERGENCY MOTION [2104700] to stay underlying order pending appeal filed by Marvin E. Kaplan and Donald J. Trump (Service Date: 03/10/2025 by CM/ECF NDA) Length Certification: 5,180 words. [25-5057] (Myron, Laura) [Entered: 03/10/2025 11:53 AM] |
| ENTRY OF APPEARANCE [2104605] filed by Laura E. Myron and co-counsel Joshua M. Salzman, Michael S. Raab on behalf of Appellants Marvin E. Kaplan and Donald J. Trump. [25-5057] (Myron, Laura) [Entered: 03/09/2025 10:00 AM] |
| CLERK'S ORDER [2104416] filed directing party to file initial submissions: APPELLANT docketing statement due 04/07/2025. APPELLANT certificate as to parties due 04/07/2025. APPELLANT statement of issues due 04/07/2025. APPELLANT underlying decision due 04/07/2025. APPELLANT deferred appendix statement due 04/07/2025. APPELLANT entry of appearance due 04/07/2025. APPELLANT transcript status report due 04/07/2025. APPELLANT procedural motions due 04/07/2025. APPELLANT dispositive motions due 04/21/2025; directing party to file initial submissions: APPELLEE certificate as to parties due 04/07/2025. APPELLEE entry of appearance due 04/07/2025. APPELLEE procedural motions due 04/07/2025. APPELLEE dispositive motions due 04/21/2025 [25-5057] [Entered: 03/07/2025 09:21 AM] |
| NOTICE OF APPEAL [2104414] seeking review of a decision by the U.S. District Court in 1:25-cv-00334-BAH filed by Marvin E. Kaplan and Donald J. Trump. Appeal assigned USCA Case Number: 25-5057. [25-5057] [Entered: 03/07/2025 09:16 AM] |
| ENTRY OF APPEARANCE [2104559] filed by Deepak Gupta and co-counsel Matthew W.H. Wessler, Gregory A. Beck on behalf of Appellee Gwynne A. Wilcox. [25-5057] (Gupta, Deepak) [Entered: 03/07/2025 05:14 PM] |
| US CIVIL CASE docketed. [25-5057] [Entered: 03/07/2025 09:15 AM] |
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