| No. 21-588 | |
| Title: | United States, Petitioner v. Texas, et al. |
| Docketed: | October 22, 2021 |
| Linked with 21A85 | |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (21-50949) |
| Decision Date: | October 14, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Oct 18 2021 | Application (21A85) to vacate stay, submitted to Justice Alito. |
| Main DocumentProof of ServiceOther | |
| Oct 18 2021 | Petition for a writ of certiorari before judgment filed. (Response due November 22, 2021) |
| PetitionOtherProof of Service | |
| Oct 18 2021 | Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET. |
| Oct 18 2021 | 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. |
| Main DocumentOtherOther | |
| Oct 18 2021 | Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al. |
| Main DocumentProof of ServiceOtherProof of Service | |
| Oct 19 2021 | Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars. |
| Main DocumentProof of ServiceOther | |
| Oct 19 2021 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Medical Organizations. |
| Main DocumentOtherProof of Service | |
| Oct 19 2021 | Motion for leave to file amicus brief filed by Constitutional Accountability Center. |
| Main DocumentOtherProof of Service | |
| Oct 19 2021 | Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al. |
| Main DocumentProof of ServiceOther | |
| Oct 19 2021 | Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al. |
| Main DocumentProof of ServiceOther | |
| Oct 20 2021 | Motion for leave to file amicus brief filed by Texas Medical Association. |
| Main DocumentProof of ServiceOther | |
| Oct 20 2021 | 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. |
| Main DocumentOtherProof of ServiceOther | |
| Oct 21 2021 | Response to application from respondent Texas filed. |
| Main DocumentProof of Service | |
| Oct 21 2021 | Response to application from Erick Graham, et al. filed. |
| Main Document | |
| Oct 21 2021 | 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. |
| Main DocumentOtherProof of Service | |
| Oct 22 2021 | Reply of applicant United States filed. |
| ReplyProof of Service | |
| Oct 22 2021 | Application (21A85) referred to the Court. |
| Oct 22 2021 | 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 opinion) |
| Oct 22 2021 | ARGUMENT SET FOR Monday, November 1, 2021. |
| Oct 23 2021 | Blanket Consent filed by Respondent, Texas |
| Blanket Consent | |
| Oct 25 2021 | Motion for divided argument filed by respondents. |
| Main DocumentProof of Service | |
| Oct 25 2021 | Blanket Consent filed by Petitioner, United States |
| Blanket Consent | |
| Oct 26 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-463). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 26 2021 | Brief amici curiae of Leading Medical Organizations filed (also in 21-463). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 26 2021 | Motion for divided argument filed by respondents GRANTED. |
| Oct 26 2021 | In lieu of filing separate briefs in both No. 21-463 and No. 21-588 (21A85), the state respondents may file a single opening brief, limited to 20,000 words, and a single reply brief, limited to 9,000 words. (Also in 21-463). |
| Oct 27 2021 | Brief of petitioner United States filed. (Distributed) |
| Certificate of Word CountMain Document | |
| Oct 27 2021 | Consolidated brief of state respondents filed (also in 21-463). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief of private respondents filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 27 2021 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amici curiae of Legal Scholars filed (also in 21-463). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amici curiae of Massachusetts, et al. filed (also in 21-463). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amici curiae of Legal Scholars Leah Litman, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction) |
| Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction) |
| Oct 27 2021 | Brief amicus curiae of Texas Medical Association filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amici curiae of Indiana, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amicus curiae of Blanca Telephone Company in support of neither party filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amici curiae of Local Governments filed (also in 21-463). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amici curiae of 410 Texas Women Injured By Abortion, et al. filed. (Distributed) |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amicus curiae of David Boyle filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amicus curiae of American Center for Law and Justice filed (also in 21-463). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-463). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amici curiae of Planned Parenthood of Greater Texas Surgical Health Services, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-463). VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 27 2021 | Main document of The Rogers Group not accepted for filing. (October 29, 2021) |
| Oct 27 2021 | Record on appeal available on PACER. The USDC, W. District of Texas - transcript of October 1, 2021 hearing electronically received. |
| Oct 28 2021 | Amicus of The Rogers Group not accepted for filing. (October 29, 2021) |
| Oct 29 2021 | Reply brief of petitioner United States filed. (Distributed) |
| Proof of ServiceMain Document | |
| Oct 29 2021 | Consolidated reply brief of state respondents filed (also in 21-463). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 29 2021 | Reply brief of private respondents filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Nov 01 2021 | 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. |
| Dec 10 2021 | 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. |
| Dec 10 2021 | Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam. The application to vacate stay (21A85) 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. |
| Jan 11 2022 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States | ||
| Attorneys for Respondents | ||
| Judd Edward Stone II Counsel of Record | Texas Attorney General's Office P.O. Box 12548 (MC 059) Austin, TX 78711-2548 judd.stone@oag.texas.gov | 512-936-1700 |
| Party name: Texas | ||
| Jonathan F. Mitchell | Mitchell Law PLLC 111 Congress Avenue Suite 400 Austin, TX 78701 jonathan@mitchell.law | (512) 686-3940 |
| Party name: private respondents | ||
| Other | ||
| David Christopher Boyle Counsel of Record | PO Box 15143 Long Beach, CA 90815 dbo@boyleslaw.org | (734)-904-6132 |
| Party name: David Boyle | ||
| Thomas M. Fisher Counsel of Record | Office of the Indiana Attorney General IGC South, Fifth Floor 302 W. Washington Indianapolis, IN 46204 tom.fisher@atg.in.gov | 317-232-6255 |
| Party name: Indiana, et al. | ||
| 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: Constitutional Accountability Center | ||
| Amanda Stephanie Hainsworth Counsel of Record | Office of the Massachusetts Attorney General 1 Ashburton Place Boston, MA 02108 amanda.hainsworth@mass.gov | 617-963-2618 |
| Party name: Massachusetts, et al. | ||
| John P. Mastando III Counsel of Record | Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153 john.mastando@weil.com | (212) 310-8000 |
| Party name: 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. | ||
| Alison Beth Miller Counsel of Record | Holwell Shuster and Goldberg 425 Lexington Avenue, 14th Floor New York, NY 10017 amiller@hsgllp.com | (646) 837-8559 |
| Party name: Legal Scholars | ||
| Jonathan B. Miller Counsel of Record | Public Rights Project 4096 Piedmont Avenue, #149 Oakland, CA 94611 jon@publicrightsproject.org | 6468316113 |
| Party name: Local Governments | ||
| Allan E. Parker Jr. Counsel of Record | The Justice Foundation 8023 Vantage Dr. Suite 1275 San Antonio, TX 78230 parker4justice@gmail.com | 2106147157 |
| Party name: 410 Texas Women Injured By Abortion, et al. | ||
| Mark Leonard Rienzi Counsel of Record | The Becket Fund for Religious Liberty 1919 Pennsylvania Avenue NW Suite 400 Washington, DC 20006 mrienzi@becketlaw.org | (202) 955-0095 |
| Party name: The Becket Fund for Religious Liberty | ||
| Alan Evan Schoenfeld Counsel of Record | Wilmer, Cutler, Pickering, Hale and Dorr, LLP 7 World Trade Center, 250 World Trade Center New York, NY 10007 alan.schoenfeld@wilmerhale.com | (212)-937-7294 |
| Party name: Planned Parenthood of Greater Texas Surgical Health Services, et al. | ||
| Jay Alan Sekulow Counsel of Record | American Center for Law and Justice American Center for Law and Justice 201 Maryland Avenue, N.E. Washington, DC 20002 sekulow@aclj.org | 2025468890 |
| Party name: American Center for Law and Justice | ||
| Shannon Rose Selden Counsel of Record | Debevoise & Plimpton LLP 919 3rd Avenue New York, NY 10022 srselden@debevoise.com | 212-909-6000 |
| Party name: Leading Medical Organizations | ||
| Catherine Wynne Short Counsel of Record | Life Legal Defense Foundation P.O. Box 2105 Napa, CA 94558 kshort@lldf.org | (707) 224-6675 |
| Party name: Life Legal Defense Foundation | ||
| Reginald M. Turner Jr. Counsel of Record | American Bar Association 321 North Clark Street Chicao, IL 60654 abapresident@americanbar.org | 312-988-5000 |
| Party name: American Bar Association | ||
| Timothy Edward Welch Counsel of Record | Hill & Welch 1116 Heartfields Drive Silver Spring, MD 20904 welchlaw@earthlink.net | 2023211448 |
| Party name: Blanca Telephone Company | ||
| Donald P. Wilcox Counsel of Record | Texas Medical Assoc. 401 West 15th Street 10th Floor Austin, TX 78701 rocky.wilcox@texmed.org | 5123701336 |
| Party name: Texas Medical Association | ||
| Sonya Diane Winner Counsel of Record | Covington & Burling Salesforce Tower 415 Mission Street, Suite 5400 San Francisco, CA 94105-2533 swinner@cov.com | 4155917072 |
| Party name: Legal Scholars Leah Litman, Erwin Chemerinsky, Michael C. Dorf, and Barry Friedman | ||