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Docket for 21A85

	Search documents in this case:
No. 21A85
Title:	United States, Applicant v. Texas, et al.
Docketed:	October 18, 2021
Linked with 21-588
Lower Ct:	United States Court of Appeals for the Fifth Circuit
Case Numbers:	(21-50949)
Decision Date:
Rehearing Denied:
Discretionary Court Decision Date:

Date	Proceedings and Orders
Oct 18 2021	Application (21A85) to vacate stay, submitted to Justice Alito.
	Main Document Proof of Service Other
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 Document Other Other
Oct 18 2021	Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al.
	Main Document Proof of Service Other Proof of Service
Oct 19 2021	Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars.
	Main Document Proof of Service Other
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 Document Other Proof of Service
Oct 19 2021	Motion for leave to file amicus brief filed by Constitutional Accountability Center.
	Main Document Other Proof 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 Document Proof of Service Other
Oct 19 2021	Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al.
	Main Document Proof of Service Other
Oct 20 2021	Motion for leave to file amicus brief filed by Texas Medical Association.
	Main Document Proof of Service Other
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 Document Other Proof of Service Other
Oct 21 2021	Response to application from respondent Texas filed.
	Main Document Proof 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 Document Other Proof of Service
Oct 22 2021	Reply of applicant United States filed.
	Reply Proof 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 27 2021	Main document of The Rogers Group not accepted for filing. (October 29, 2021)

Oct 28 2021	Amicus of The Rogers Group not accepted for filing. (October 29, 2021)

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.

NAME	ADDRESS	PHONE
Attorneys for Petitioner
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: 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: State of Texas
Other
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.
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) 230-8800
Party name: Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood South Texas Surgical Center, Comprehensive Health of Planned Parenthood Great Plains, Planned Parenthood of Arkansas & Eastern Oklahoma, Planned Parenthood Center for Choice, and Planned Parenthood of The Rocky Mountains
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
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
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 415 Mission Street Suite 4500 San Francisco, CA 94105-2533 swinner@cov.com	4155917072
Party name: Legal Scholars Leah Litman, Erwin Chemerinsky, Michael C. Dorf, Barry Friedman, and Fred O. Smith
Alison Beth Miller Counsel of Record	Holwell Shuster & Goldberg LLP 425 Lexington Avenue New York, NY 10017 amiller@hsgllp.com	(646) 837-5151
Party name: Administrative Law, Constitutional Law, and Civil Procedure Scholars
John P. Mastando III Counsel of Record	Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153 john.mastando@weil.com	212.310.8064
Party name: Current and Former Prosecutors and Law Enforcement Leaders, and Former State Attorneys General, Federal and State Court Judges, U.S. Attorneys, and U.S. Department of Justice Officials
John J. Bursch Counsel of Record	Alliance Defending Freedom 15100 N. 90th Street Scottsdale, AZ 85260 jbursch@adflegal.org	(616) 450-4235
Party name: Human Coalition and National Institute of Family & Life Advocates
Thomas M. Fisher Counsel of Record	Office of the Indiana Attorney General IGC South, Fifth Floor, 302 W. Washington St. Indianapolis, IN 46204 tom.fisher@atg.in.gov	317-232-6255
Party name: States of Indiana, Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia
Jonathan F. Mitchell Counsel of Record	Mitchell Law PLLC 111 Congress Avenue Suite 400 Austin, TX 78701 jonathan@mitchell.law	(512) 686-3940
Party name: Erick Graham, Jeff Tuley, and Mistie Sharp
William Rogers Schlecht Counsel of Record	Rogers Schlecht, PLLC 14701 Front Beach Road #2530 Panama City Beach, FL 32413 william.schlecht@att.net	2102168725
Party name: The Rogers Group