| No. 22-58 | |
| Title: | United States, et al., Petitioners v. Texas, et al. |
| Docketed: | July 21, 2022 |
| Linked with 22A17 | |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (22-40367) |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jul 08 2022 | Application (22A17) for a stay, submitted to Justice Alito. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Jul 08 2022 | Petition for a writ of certiorari before judgment filed. |
| Jul 08 2022 | Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022. |
| Jul 13 2022 | Response to application from respondents Texas, et al. filed. |
| Main DocumentProof of Service | |
| Jul 13 2022 | 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. |
| Main DocumentProof of Service | |
| Jul 13 2022 | Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck. |
| Main DocumentProof of Service | |
| Jul 13 2022 | Motion for leave to file amicus brief filed by Immigration Reform Law Institute. |
| Main Document | |
| Jul 14 2022 | Reply of applicants United States, et al. filed. |
| Proof of ServiceReply | |
| Jul 21 2022 | Application (22A17) referred to the Court. |
| Jul 21 2022 | 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. |
| Aug 19 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Aug 23 2022 | 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. |
| Sep 08 2022 | Blanket Consent filed by Respondent, Texas, et al. |
| Blanket Consent | |
| Sep 12 2022 | Brief of petitioners United States, et al. filed. |
| Main DocumentCertificate of Word Count | |
| Sep 12 2022 | Joint appendix filed. |
| Main DocumentProof of Service | |
| Sep 13 2022 | Blanket Consent filed by Petitioner, United States, et al. |
| Blanket Consent | |
| Sep 16 2022 | Brief amici curiae of Immigrant and Civil Rights Organizations, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2022 | Brief amici curiae of Administrative Law Professors filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 19 2022 | Amicus brief of Stephen I. Vladeck not accepted for filing. (Corrected version to be submitted - September 21, 2022). |
| Sep 19 2022 | Brief amicus curiae of Stephen I. Vladeck filed. (Sept. 23, 2022) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2022 | Brief amici curiae of New York, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2022 | Brief amici curiae of 21 Cities, Counties, and Local Government Organizations filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2022 | Brief amici curiae of Former Officials of the Department of Homeland Security, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2022 | Brief amici curiae of The American Civil Liberties Union, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 19 2022 | Brief amici curiae of National Immigrant Justice Center, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2022 | Brief amicus curiae of Public Citizen filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 18 2022 | SET FOR ARGUMENT on Tuesday, November 29, 2022. |
| Oct 18 2022 | Brief of respondents Texas, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 24 2022 | Motion for leave to intervene filed by Sheriff Brad Coe, et al. |
| Main DocumentOtherProof of ServiceOther | |
| Oct 25 2022 | Brief amicus curiae of Florida filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 25 2022 | Brief of Texas Sheriffs and Counties and the Federal Police Foundation, ICE Officers Division, as Movants for Intervention Or, Alternatively, as Amici Curiae in Support of Respondents and Affirmance of Sheriff Brad Coe, et al. not accepted for filing. (October 27, 2022--Corrected brief as amici curiae to be submitted.) |
| Oct 25 2022 | Brief amici curiae of Texas Sheriffs, et al. filed.(Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 25 2022 | CIRCULATED. |
| Oct 25 2022 | Brief amicus curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 25 2022 | Brief amici curiae of Arizona, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 28 2022 | Record requested from the U.S.C.A. 5th Circuit. |
| Oct 28 2022 | Record received from the U.S.C.A. 5th Circuit. The record is available on PACER. |
| Nov 02 2022 | Motion DISTRIBUTED for Conference of 11/18/2022. |
| Nov 03 2022 | Response in opposition to motion for leave to intervene from petitioners United States, et al. filed. (Distributed) |
| Proof of ServiceMain Document | |
| Nov 15 2022 | Reply on motion to intervene of Sheriff Brad Coe, et al. filed. (Distributed) |
| Main DocumentOtherProof of Service | |
| Nov 17 2022 | Reply of petitioners United States, et al. filed. (Distributed) |
| Main DocumentProof of Service | |
| Nov 21 2022 | Motion for leave to intervene filed by Sheriff Brad Coe, et al. DENIED. |
| Nov 29 2022 | Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex. |
| Jan 09 2023 | Record received from U.S.D.C.-Southern District of Texas (three CDs). |
| Jun 23 2023 | Judgment REVERSED. Kavanaugh, J., delivered the opinion 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. |
| Jul 03 2023 | Record returned to U.S.D.C.-Southern District of Texas (three CDs). |
| Jul 25 2023 | Judgment issued. |
| Jul 31 2023 | Amended judgment issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Elizabeth B. Prelogar Counsel of Record | United States Department of Justice
950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States, et al. | ||
| 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, et al. | ||
| Other | ||
| Drew Curtis Ensign Counsel of Record | Office of the Attorney General 2005 N. Central Avenue Phoenix, AZ 85004 drew.ensign@azag.gov | 602-542-5025 |
| Party name: States of Arizona, Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, West Virginia, and Wyoming | ||
| Adam Scott Gershenson Counsel of Record | Cooley LLP 500 Boylston Street, 14th Floor Boston, MA 02116 agershenson@cooley.com | (617) 937-2379 |
| Party name: Administrative Law Professors | ||
| 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: Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service | ||
| Christopher J. Hajec Counsel of Record | Immigration Reform Law Institute 25 Massachusetts Avenue NW, Suite 335 Washington, DC 20001 chajec@irli.org | 202-232-5590 |
| Party name: Texas Sheriffs, et al. | ||
| Lindsay C. Harrison Counsel of Record | Jenner & Block, LLP 1099 New York Avenue, NW Suite 900 Washington, DC 20001 LHarrison@jenner.com | (202)-639-6000 |
| Party name: Stephen I. Vladeck | ||
| William Jeffrey Olson Counsel of Record | William J. Olson, P.C. 370 Maple Ave. W., Suite 4 Vienna, VA 22180 wjo@mindspring.com | 7033565070 |
| Party name: Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC | ||
| Charles G. Roth Counsel of Record | National Immigration Justice Center 224 S. Michigan Ave., Ste. 600 Chicago, IL 60604 croth@heartlandalliance.org | 3126601613 |
| Party name: National Immigrant Justice Center, American Gateways, API-GBV, Tahirih Justice Center | ||
| Sirine Shebaya Counsel of Record | National Immigration Project (NIPNLG) 2201 Wisconsin Ave NW Suite 200 Washington, DC 20007 sirine@nipnlg.org | (202) 656-4788 |
| Party name: Immigrant and Civil Rights Organizations, et al. | ||
| Daniel Ramsey Suvor Counsel of Record | O'Melveny & Myers LLP 400 So. Hope Street Los Angeles, CA 90071 dsuvor@omm.com | 213-430-6000 |
| Party name: 21 Cities, Counties, and Local Government Organizations | ||
| Barbara Dale Underwood Counsel of Record | Solicitor General Office of the Attorney General 28 Liberty Street New York, NY 10005-1400 Barbara.underwood@ag.ny.gov | 212-416-8016 |
| Party name: 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 | ||
| Henry Charles Whitaker Counsel of Record | Florida Office of the Attorney General PL-01 The Capitol Tallahassee, FL 32399-1050 henry.whitaker@myfloridalegal.com | 8504143688 |
| Party name: State of Florida | ||
| Cody Hirt Wofsy Counsel of Record | American Civil Liberties Union Foundation 39 Drumm St. San Francisco, CA 94111 cwofsy@aclu.org | 415-343-0785 |
| Party name: The American Civil Liberties Union, ACLU of Texas, American Immigration Lawyers Association | ||
| Allison M. Zieve Counsel of Record | Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009 azieve@citizen.org | 202-588-1000 |
| Party name: Public Citizen | ||