| No. 20-138 | |
| Title: | Joseph R. Biden, Jr., President of the United States, et al., Petitioners v. Sierra Club, et al. |
| Docketed: | August 7, 2020 |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (19-16102, 19-16300) |
| Decision Date: | June 26, 2020 Rule 12.4 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Aug 07 2020 | Petition for a writ of certiorari filed. (Response due September 8, 2020) |
| PetitionProof of Service | |
| Sep 01 2020 | Letter of September 1, 2020 from the Acting Solicitor General filed. |
| Main Document | |
| Sep 01 2020 | Motion of respondents California and New Mexico to extend the time to file a response from September 8, 2020 to September 16, 2020, submitted to The Clerk. |
| Main Document | |
| Sep 02 2020 | Response to motion from petitioner Donald J. Trump, President of the United States, et al. filed. |
| Main Document | |
| Sep 02 2020 | Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2020, for all respondents. |
| Sep 08 2020 | Brief amicus curiae of Landmark Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 08 2020 | Brief amicus curiae of Rep. Andy Barr filed. |
| Main DocumentCertificate of Word CountCertificate of Word Count | |
| Sep 08 2020 | Brief amicus curiae of The American Center for Law and Justice filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 16 2020 | Brief of respondents Sierra Club & Southern Border Communities Coalition in opposition filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 16 2020 | Brief of respondents California and New Mexico in opposition filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 17 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed. |
| Main Document | |
| Sep 23 2020 | DISTRIBUTED for Conference of 10/9/2020. |
| Sep 24 2020 | Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed) |
| Main DocumentProof of Service | |
| Oct 13 2020 | DISTRIBUTED for Conference of 10/16/2020. |
| Oct 19 2020 | Petition GRANTED. |
| Nov 13 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Nov 24 2020 | 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 December 8, 2020. The time to file respondents' briefs on the merits is extended to and including January 12, 2021. |
| Dec 08 2020 | Joint appendix filed. (Statement of costs filed 5/12/21). |
| Main DocumentProof of Service | |
| Dec 08 2020 | Brief of petitioners Donald J. Trump, President of the United States, et al. filed. |
| Main DocumentProof of Service | |
| Dec 15 2020 | Brief amicus curiae of Landmark Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 15 2020 | Brief amicus curiae of The American Center for Law and Justice filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 15 2020 | Brief amicus curiae of Rep. Andy Barr filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 31 2020 | SET FOR ARGUMENT on Monday, February 22, 2021 |
| Jan 06 2021 | Blanket Consent filed by Petitioner, Donald J. Trump, President of the United States, et al. |
| Blanket Consent | |
| Jan 12 2021 | Brief of respondents Sierra Club & Southern Border Communities Coalition filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 12 2021 | Brief of respondents States of California and New Mexico filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 14 2021 | CIRCULATED |
| Jan 18 2021 | Brief amicus curiae of The Rutherford Institute filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 18 2021 | Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Motion for divided argument filed by respondents. |
| Main DocumentProof of Service | |
| Jan 19 2021 | Brief amicus curiae of Rio Grande Landowners Coalition filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Brief amici curiae of Defenders of Wildlife et al., filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Brief amici curiae of Former Members of Congress filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Brief amicus curiae of Tohono O'odham Nation filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Brief amici curiae of 87 Religious Organizations filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Brief amici curiae of Federal Courts Scholars filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Brief amicus curiae of United States House of Representatives filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Brief amicus curiae of The Cato Institute filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2021 | CIRCULATED |
| Jan 25 2021 | Motion for divided argument filed by respondents GRANTED. |
| Jan 25 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Jan 28 2021 | Record from the U.S.C.A. 9th Circuit electronic and located on Pacer. |
| Feb 01 2021 | Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar filed by petitioners. (Distributed) |
| Proof of ServiceOtherMain Document | |
| Feb 03 2021 | Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar GRANTED. |
| Apr 30 2021 | Letter from the Acting Solicitor General notifying the Court of the April 30, 2021, memorandum of the Deputy Secretary of Defense, filed. (Distributed) |
| Main DocumentOther | |
| Jun 11 2021 | Motion to vacate and remand filed by petitioners. |
| Main DocumentProof of Service | |
| Jun 18 2021 | Response in opposition to motion to vacate and remand from respondent Sierra Club & Southern Border Communities Coalition filed. |
| Main DocumentProof of Service | |
| Jun 18 2021 | Response to motion from respondents States of California and New Mexico filed. |
| Main DocumentOtherProof of Service | |
| Jun 22 2021 | Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. |
| Certificate of Word CountMain Document | |
| Jul 02 2021 | The motion to vacate the judgment is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to direct the District Court to vacate its judgments. The District Court should consider what further proceedings are necessary and appropriate in light of the changed circumstances in this case. |
| Aug 03 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Brian H. Fletcher Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Joseph R. Biden, Jr., President of the United States, et al. | ||
| Attorneys for Respondents | ||
| Aimee Athena Feinberg Counsel of Record | California Department of Justice 1300 I Street Sacramento, CA 95814 Aimee.Feinberg@doj.ca.gov | 916-210-6003 |
| Party name: States of California and New Mexico | ||
| Dror Ladin Counsel of Record | American Civil Liberties Union Fundation 125 Broad Street, Fl 18 New York, NY 10004 dladin@aclu.org | 2122847303 |
| Party name: Sierra Club & Southern Border Communities Coalition | ||
| Joshua A. Klein | California Department of Justice - Office of the Solicitor General 1515 Clay Street Suite 2000 Oakland, CA 94612-1413 joshua.klein@doj.ca.gov | 510-879-0756 |
| Party name: California and New Mexico | ||
| Other | ||
| Douglas Wharton Alexander Counsel of Record | Alexander Dubose et al. Bank of America Center 515 Congress Avenue,Suite 1720 Austin, TX 78701 dalexander@adjtlaw.com | 5124829300 |
| Party name: Rio Grande Landowners Coalition | ||
| Samuel Franklin Daughety Counsel of Record | Dentons-US LLP 1900 K Street, N.W. Washington, DC 20006 samuel.daughety@dentons.com | 202-408-6427 |
| Party name: Tohono O'odham Nation | ||
| John Arak Freedman Counsel of Record | Arnold & Porter Kaye Scholer, LLP 601 Mass. Ave., NW Washington, DC 20001 John.Freedman@arnoldporter.com | 202-942-5316 |
| Party name: Former Members of Congress | ||
| Brianne Jenna Gorod Counsel of Record | Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org | 202 296 6889 |
| Party name: Federal Courts Scholars | ||
| Dorothy Alicia Hickok Counsel of Record | Faegre Drinker Biddle & Reath LLP One Logan Square Philadelphia, PA 19103 alicia.hickok@dbr.com | 215-988-3364 |
| Party name: The Rutherford Institute | ||
| Richard Peter Hutchison Counsel of Record | Landmark Legal Foundation 3100 Broadway Suite 1200 Kansas City, MO 64111 pete.hutch@landmarklegal.org | 8169315559 |
| Party name: Landmark Legal Foundation | ||
| Lawrence J. Joseph Counsel of Record | Law Office of Lawrence J. Joseph 1250 Connecticut Avenue, NW Suite 700-1A Washington, DC 20036 ljoseph@larryjoseph.com | 2023559452 |
| Party name: Rep. Andy Barr | ||
| Douglas Neal Letter Counsel of Record | Office of General Counsel of the U.S. House of Representatives 219 Cannon House Office Building Washington, DC 20515 douglas.letter@mail.house.gov | 2022259700 |
| Party name: United States House of Representatives | ||
| Jason Craig Rylander Counsel of Record | Defenders of Wildlife 1130 17th Street NW Washington, DC 20036 jrylander@defenders.org | 2027723245 |
| Party name: Defenders of Wildlife et al | ||
| Jay Alan Sekulow Counsel of Record | American Center for Law and Justice 201 Maryland Avenue, N.E. Washington, DC 20002 sekulow@aclj.org | 2025468890 |
| Party name: The American Center for Law and Justice | ||
| Ilya Shapiro Counsel of Record | Cato Institute 1000 Massachusetts Ave., NW Washington, DC 20001 ishapiro@cato.org | 2028420200 |
| Party name: The Cato Institute | ||
| Jonathan Calvin Wood Counsel of Record | Pacific Legal Foundation 3100 Clarendon Blvd., Suite 610 Arlington, VA 22201-5330 jwood@pacificlegal.org | (202) 888-6881 |
| Party name: Pacific Legal Foundation | ||
| Steven Alan Zalesin Counsel of Record | Patterson Belknap Webb and Tyler LLP 1133 Avenue of the Americas New York, NY 10036 sazalesin@pbwt.com | 2123362000 |
| Party name: 87 Religious Organizations | ||