In Re United States
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.

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.
Docket activity
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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Opinion added: opinion
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Brief added: Petition
More questions
- 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.