No. 17-801October Term 2017Decided Dec 20, 2017
In Re United States
The justices did not let the Ninth Circuit's approach to the DACA discovery fight stand and told the lower courts to reconsider it.
Case status
- Current stage
- Decided
- Latest event
- Decision released Dec 20, 2017
- What it's about
The case grew out of lawsuits challenging the Trump administration’s decision to end DACA. 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.
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.
- Case path
United States Court of Appeals for the Ninth Circuit / Decision released Dec 20, 2017
- Area
Administrative Law
Briefing
What it's about
The case asked whether lower courts could force the federal government to turn over more internal materials and allow broader fact-finding in lawsuits over ending DACA. The Supreme Court vacated the Ninth Circuit's decision and sent the case back for further proceedings.
Vote
The Court vacated the Ninth Circuit's decision and remanded the case, but the prompt does not provide a vote count, opinion author, or lineup.
Impact
This affects how much behind-the-scenes material federal agencies may have to disclose when their policies are challenged in court. That mattered here to DACA recipients challenging the policy change and to federal officials defending it.
What's next
The case returned to the lower courts for further proceedings consistent with the Supreme Court's action. The broader lawsuits over ending DACA continued there.
What was the main fight in In Re United States?
It was about whether judges could require the government to produce more internal DACA materials and allow broader discovery during the lawsuits.
Why did this matter outside the courtroom?
It shaped how deeply challengers could probe the government's reasons for ending DACA. That affected immigrants, advocates, and federal agencies in major policy cases.
What happened procedurally after the Supreme Court acted?
The case went back to the lower courts. They had to continue the dispute using the Supreme Court's instructions.
Decision
What the Court decided
The justices did not let the Ninth Circuit's approach to the DACA discovery fight stand and told the lower courts to reconsider it.
Impact
This affects how much behind-the-scenes material federal agencies may have to disclose when their policies are challenged in court. That mattered here to DACA recipients challenging the policy change and to federal officials defending it.
Not official Court text.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 17-801
docket | Jul 3, 2026
Primary case document
Supreme Court document | Jul 3, 2026
CourtListener docket record
docket | Jul 3, 2026
Opinion
opinion | Dec 20, 2017
opinion
opinion | Dec 8, 2017
Reply
brief | Dec 7, 2017
Petition
brief | Dec 1, 2017
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026