The application to vacate stay presented to Justice Alito and by him referred to the Court is denied. Justice Sotomayor would grant the application to vacate stay in No. 21A85 and dissents from the dismissal of No. 21-588 as improvidently granted.

21-588 (21A85) Argued. For petitioner: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For state respondent: Judd E. Stone, II, Solicitor General, Austin, Tex. For private respondents: Jonathan F. Mitchell, Austin, Tex.

Consideration of the application (21A85) to vacate stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The application is treated as a petition for a writ of certiorari before judgment (No. 21-588), and the petition is granted limited to the following question: May the United States bring suit in federal court and obtain injunctive or declaratory relief against the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced. The briefs of the parties in No. 21-588, limited to 13,000 words, are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Reply briefs, if any, limited to 6,000 words, are to be filed electronically on or before 5 p.m., Friday, October 29, 2021. Any amicus curiae briefs are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Booklet format briefs prepared in compliance with Rule 33.1 shall be submitted as soon as possible thereafter. The parties are not required to file a joint appendix. The case is set for oral argument on Monday, November 1, 2021. Justice Sotomayor, concurring in part and dissenting in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/21a85_5h25.pdf'>opinion</a>)

Application (21A85) referred to the Court.

Reply of applicant United States filed.

Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Indiana, et al.

Response to application from Erick Graham, et al. filed.

Response to application from respondent Texas filed.

Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Human Coalition, et al.

Motion for leave to file amicus brief filed by Texas Medical Association.

Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al.

Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al.

Motion for leave to file amicus brief filed by Constitutional Accountability Center.

Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Medical Organizations.

Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars.

Application (21A85) to vacate stay, submitted to Justice Alito.

Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al.

Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Massachusetts, et al.

Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.