No. 22-58

United States, et al. v. Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2022-07-21
Status: Denied
Type: Paid
Amici (16) Experienced Counsel
Tags: None
Latest Conference: 2022-11-18

Question presented not available.

Docket Entries

2023-07-31
Amended judgment issued.
2023-07-25
Judgment issued.
2023-07-03
Record returned to U.S.D.C.-Southern District of Texas (three CDs).
2023-06-23
Judgment REVERSED. Kavanaugh, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/22-58_i425.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas and Barrett, JJ., joined. Barrett, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Alito, J., filed a dissenting opinion.
2023-01-09
Record received from U.S.D.C.-Southern District of Texas (three CDs).
2022-11-29
Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
2022-11-21
Motion for leave to intervene filed by Sheriff Brad Coe, et al. DENIED.
2022-11-17
Reply of petitioners United States, et al. filed. (Distributed)
2022-11-15
Reply on motion to intervene of Sheriff Brad Coe, et al. filed. (Distributed)
2022-11-03
Response in opposition to motion for leave to intervene from petitioners United States, et al. filed. (Distributed)
2022-11-02
Motion DISTRIBUTED for Conference of 11/18/2022.
2022-10-28
Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.
2022-10-28
Record requested from the U.S.C.A. 5th Circuit.
2022-10-25
2022-10-25
Brief amicus curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. (Distributed)
2022-10-25
CIRCULATED.
2022-10-25
2022-10-25
2022-10-24
Motion for leave to intervene filed by Sheriff Brad Coe, et al.
2022-10-18
2022-10-18
SET FOR ARGUMENT on Tuesday, November 29, 2022.
2022-09-19
Brief amici curiae of National Immigrant Justice Center, et al. filed.
2022-09-19
2022-09-19
Brief amici curiae of The American Civil Liberties Union, et al. filed.
2022-09-19
Brief amici curiae of Former Officials of the Department of Homeland Security, et al. filed.
2022-09-19
Brief amici curiae of 21 Cities, Counties, and Local Government Organizations filed.
2022-09-19
2022-09-19
2022-09-19
2022-09-16
Brief amici curiae of Immigrant and Civil Rights Organizations, et al. filed.
2022-09-13
Blanket Consent filed by Petitioner, United States, et al.
2022-09-12
2022-09-12
Brief of petitioners United States, et al. filed.
2022-09-08
Blanket Consent filed by Respondent, Texas, et al.
2022-08-23
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 12, 2022. The time to file respondents' brief on the merits is extended to and including October 18, 2022.
2022-08-19
Motion for an extension of time to file the briefs on the merits filed.
2022-07-21
Application (22A17) denied by the Court. The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; 2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2). The case will be set for argument in the first week of the December 2022 argument session. Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would grant the application for stay.
2022-07-21
Application (22A17) referred to the Court.
2022-07-14
Reply of applicants United States, et al. filed.
2022-07-13
Motion for leave to file amicus brief filed by Immigration Reform Law Institute.
2022-07-13
Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck.
2022-07-13
Motion for leave to file amicus brief filed by Arizona, Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Kentucky, Indiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming.
2022-07-13
Response to application from respondents Texas, et al. filed.
2022-07-08
2022-07-08
Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022.
2022-07-08
Petition for a writ of certiorari before judgment filed.

Attorneys

21 Cities, Counties, and Local Government Organizations
Daniel Ramsey SuvorO'Melveny & Myers LLP, Amicus
Daniel Ramsey SuvorO'Melveny & Myers LLP, Amicus
Administrative Law Professors
Adam Scott GershensonCooley LLP, Amicus
Adam Scott GershensonCooley LLP, Amicus
Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Immigrant and Civil Rights Organizations, et al.
Sirine ShebayaNational Immigration Project (NIPNLG), Amicus
Sirine ShebayaNational Immigration Project (NIPNLG), Amicus
National Immigrant Justice Center, American Gateways, API-GBV, Tahirih Justice Center
Charles G. RothNational Immigration Justice Center, Amicus
Charles G. RothNational Immigration Justice Center, Amicus
New York, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington, and the District of Columbia
Barbara Dale UnderwoodSolicitor General, Amicus
Barbara Dale UnderwoodSolicitor General, Amicus
Public Citizen
Allison M. ZievePublic Citizen Litigation Group, Amicus
Allison M. ZievePublic Citizen Litigation Group, Amicus
State of Florida
Henry Charles WhitakerFlorida Office of the Attorney General, Amicus
Henry Charles WhitakerFlorida Office of the Attorney General, Amicus
States of Arizona, Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, West Virginia, and Wyoming
Drew Curtis EnsignOffice of the Attorney General, Amicus
Drew Curtis EnsignOffice of the Attorney General, Amicus
Stephen I. Vladeck
Lindsay C. HarrisonJenner & Block, LLP, Amicus
Lindsay C. HarrisonJenner & Block, LLP, Amicus
Texas Sheriffs, et al.
Christopher J. HajecImmigration Reform Law Institute, Amicus
Christopher J. HajecImmigration Reform Law Institute, Amicus
Texas, et al.
Judd Edward Stone IITexas Attorney General's Office, Respondent
Judd Edward Stone IITexas Attorney General's Office, Respondent
The American Civil Liberties Union, ACLU of Texas, American Immigration Lawyers Association
Cody Hirt WofsyAmerican Civil Liberties Union Foundation, Amicus
Cody Hirt WofsyAmerican Civil Liberties Union Foundation, Amicus
United States, et al.
Elizabeth B. Prelogar — Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner