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In Re United States

Updated Sep 18, 2026

In brief

The Supreme Court erased the Ninth Circuit's judgment and sent In re United States back for further proceedings, without a stated final answer here to the discovery dispute.

Where it stands
Decided

Decided · December 20, 2017

What it’s about
The case grew out of lawsuits challenging the Trump administration’s decision to end DACA.
Who it affects
The Ninth Circuit ruling no longer controlled this case. The order did not, by itself, finally resolve the underlying fights over government records or discovery.

Summary: written with AI from the case record.

Illustration for In Re United States
Conceptual illustration · AI-generated

What it's about

The Supreme Court addressed whether lower courts could force the government to turn over additional internal decisionmaking materials and allow discovery beyond the administrative record while reviewing that rescission.

The case arose from lawsuits challenging the Trump administration's decision to end the Deferred Action for Childhood Arrivals, or DACA, policy.

Question presented

Whether the federal defendants have established a clear and indisputable right to mandamus relief from this Court (i) barring the district court from ordering completion of the administrative record for plaintiffs’ Administrative Procedure Act claims, (ii) resolving privilege objections that defendants have not yet properly raised in any court, or (iii) addressing similarly unripe discovery disputes relating to plaintiffs’ non-APA claims.

What the Court decided

Holding

Petition treated as a petition for a writ of certiorari and GRANTED. Judgment VACATED and case REMANDED. Opinion per curiam. (Detached Opinion )

Result
Vacated

What's next

The lower court must take up the case again after the Supreme Court's order. The Court has finished its action in this docket.

Documents

4

Docket activity

8
  • New analysis added

    Sep 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 18, 2026 · Generated

  • New analysis added

    Jul 2, 2026 · Court records

  • Opinion added: Opinion

    Dec 20, 2017 · Court records

Show 3 more
  • Opinion added: opinion

    Dec 8, 2017 · Court records

  • Brief added: Reply

    Dec 7, 2017 · Court records

  • Brief added: Petition

    Dec 1, 2017 · Court records

More questions

4
What happened in In re United States?
The Supreme Court agreed to hear the case, wiped out the Ninth Circuit's judgment, and sent it back for further proceedings.
What was the dispute about?
It concerned whether courts could require the government to provide more internal DACA decision records and allow discovery beyond the administrative record.
Did the Supreme Court finally settle the discovery fight?
Not based on the stated disposition. The Court wiped out the Ninth Circuit judgment and returned the case for more proceedings.
What happens next in the DACA records case?
The lower court will handle the case again after the Supreme Court's remand. The Supreme Court has completed this docket action.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 18, 2026Methodology

Court records and filings

Reporting and analysis