Decided

No. 15-674

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

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Judgment Issued.

Petition DENIED.

DISTRIBUTED for Conference of September 26, 2016.

DISTRIBUTED.

Petition for Rehearing filed.

Adjudged to be AFFIRMED by an equally divided Court. Opinion per curiam.

Argued. For petitioners: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For intervenor-respondents: Thomas A. Saenz, Los Angeles, Cal. For respondents: Scott A. Keller, Solicitor General, Austin, Tex.; and Erin E. Murphy, Washington, D. C. (for United States House of Representatives, as amicus curiae.)

Reply of petitioners United States, et al. filed. (Distributed)

Reply of respondents Intervenors-respondents Jane Does filed. (Distributed)

Joint motion of petitioners and intervenor-respondents for enlargement of time for oral argument and for divided argument GRANTED, and the time is divided as follows: 35 minutes for petitioners and 10 minutes for intervenor-respondents.

Joint motion of the respondents and amicus curiae the United States House of Representatives for enlargement of time for oral argement, and for divided argument is granted, and the time is divided as follows: 30 minutes for respondents and 15 minutes for the United States House of Representatives

Brief amici curiae of Senate Majority Leader Mitch McConnell and 42 Other Members of the United States Senate filed. (Distributed)

Brief amici curiae of The Immigration Reform Law Institute, et al. filed. (Distributed)

Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed)

Brief amicus curiae of The National Federation of Independent Business Small Business Legal Center filed. (Distributed)

Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed)

Brief amici curiae of Citizens United, et al. filed. (Distributed)

Brief amicus curiae of Foundation for Moral Law filed. (Distributed)

Brief amici curiae of National Sheriffs' Association, et al. filed. (Distributed)

Brief amici curiae of Former U.S. Attorneys General filed. (Distributed)

Brief amici curiae of The American Center for Law & Justice, et al. filed. (Distributed)

Motion for leave to file amici brief filed by Gonzalez Olivieri LLC, Quan Law Group PLLC, and Reina Bates Law Firm out of time GRANTED.

Brief amicus curiae of Justice and Freedom Fund filed. (Distributed)

Brief amici curiae of Legal Scholars Ronald A. Cass and Christopher DeMuth, and The Judicial Education Project filed. (Distributed)

Brief amicus curiae of N.C. Lieutenant Governor Daniel J. Forest filed. (Distributed)

Brief amici curiae of Federal Courts Scholars, and Southeastern Legal Foundation filed. (Distributed)

Brief amici curiae of Cato Institute, et al. filed. (Distributed)

Brief amicus curiae of United States House of Representatives filed. (Distributed)

Brief amici curiae of Save Jobs USA, and Washington Alliance of Technology Workers filed. (Distributed)

Brief amicus curiae of Mountain States Legal Foundation filed. (Distributed)

Brief amicus curiae of Maricopa County Arizona Sheriff, Joseph M. Arpaio filed. (Distributed)

Brief amicus curiae of Wyoming filed. (Distributed)

Brief amici curiae of Governor Abbott, et al. filed. (Distributed)

Brief amici curiae of Former Homeland Security, Justice, and State Department Officials filed. (Distributed)

Joint motion of respondents and United States House of Representatives for leave to participate in oral argument as amicus curiae for enlargment of time for oral argument and for divided argument filed. (Distributed)

Motion for enlargement of time for oral argument and for divided argument filed by petitioners and intervenor-respondents.

Brief of respondents Texas, et al. filed. (Distributed)

Motion for leave to file amici brief out of time filed by Gonzalez Olivieri LLC, Quan Law Group PLLC, and Reina Bates Law Firm.

CIRCULATED.

The record from the U.S.C.A. 5th Circuit is electronic and located on PACER

Record requested from U.S.C.A. 5th Circuit.

Brief amici curiae of Former Commissioners of the United States Immigration and Naturalization Service filed.

Brief amici curiae of Administrative Law Scholars filed.

Brief amici curiae of Members of the Business Community filed.

Brief amici curiae of American Immigration Council, et al. filed.

Brief amici curiae of National Justice For Our Neighbors and the Justice For Our Neighbors Network filed.

Brief amici curiae of Faith-Based Organizations filed.

Brief amici curiae of Former Federal Immigration and Homeland Security Officials filed.

Brief amici curiae of The States of Washington, et al. filed.

Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations filed.

Brief amicus curiae of Professor Walter Dellinger filed.

Brief amici curiae of The Major Cities Chiefs Association, et al. filed.

Brief amici curiae of Educators and Children's Advocates filed.

Brief amici curiae of National Queer Asian Pacific Islander Alliance, Inc. and Others filed.

Brief amici curiae of California Business, Civic, Educational, and Religious Figures and Institutions filed.

Brief amici curiae of 186 Members of the U.S. House of Representatives and 39 Members of the U.S. Senate filed.

Brief amici curiae of Bipartisan Former Members of Congress filed.

Brief amici curiae of Professional Economists and Scholars in Related Fields filed.

Brief amicus curiae of United We Dream filed.

Brief amici curiae of Mayors of New York, et al. filed.

SET FOR ARGUMENT ON Monday, April 18, 2016

Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioners.

Brief of petitioners United States, et al. filed.

Brief of Intervenors-respondents Jane Does in support filed.

Joint appendix filed. (2 Volumes) (Statement of cost filed.)

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Jane Does, Intervenors.

Application (15A827) granted by Justice Scalia joint application to exceed the word limitations. The word limit for petitioners and the respondent States to file their opening briefs on the merits is enlarged to 20,000 words each. The word limit for petitioners to file a reply brief on the merits is enlarged to 8,000 words.

Joint Application (15A827) to exceed the word limitations, submitted to Justice Scalia.

Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether the Guidance violates the Take Care Clause of the Constitution, Art. II, Sec.3.

Reply of petitioners United States, et al. filed. (Distributed)

DISTRIBUTED for Conference of January 15, 2016.

Brief of respondents Texas, et al. in opposition filed.

Brief amici curiae of Save Jobs USA and Washington Alliance of Technology Workers filed.

Brief amicus curiae of American Unity Legal Defense Fund filed.

Brief amici curiae of Mayors of New York, et al. filed.

Brief amicus curiae of Minkwon Center for Community Action filed.

Brief of Intervenors-respondents Jane Does in support filed.

Brief amici curiae of Former Federal Immigration and Homeland Security Officials filed.

Brief amici curiae of 184 Members of the U.S. House of Representatives and 34 Members of the U.S. Senate filed.

Brief amici curiae of Washington, et al. filed.

Order extending time to file response to petition to and including December 29, 2015.

Brief amici curiae of American Immigration Council, et al. filed.

Brief amici curiae of Bipartisan Former Members of Congress filed.

Brief amici curiae of Major Cities Chiefs Association, et al. filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Jane Does.

Appendix of United States, et al. filed.

Consent to the filing of amicus curiae briefs in support of either or of neither party received from counsel for the Federal petitioners.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, provided that any amicus brief in support of petitioners is filed on or before December 4, 2015, received from counsel for the petitioner.

Petition for a writ of certiorari filed. (Response due December 21, 2015)

Parties

United States, et al., Petitioner, represented by Ian Heath Gershengorn

United States, et al., Petitioner, represented by Donald B. Verrilli Jr.

Intervenors-respondents Jane Does, Respondent, represented by Nina Perales

Texas, et al., Respondent, represented by Scott A. Keller

Amici Curiae

186 Members of the U.S. House of Representatives and 39 Members of the U.S. Senate, Amicus Curiae, represented by Seth P. Waxman

Administrative Law Scholars, Amicus Curiae, represented by Derek T. Ho

American Immigration Council, et al., Amicus Curiae, represented by Jonathan Weissglass

American Unity Legal Defense Fund, Amicus Curiae, represented by Barnaby W. Zall

Bipartisan Former Members of Congress, Amicus Curiae, represented by Brianne Jenna Gorod

Bipartisan Former Members of Congress, Amicus Curiae, represented by Elizabeth B. Wydra

California Business, Civic, Educational, and Religious Figures and Institutions, Amicus Curiae, represented by Bradley S. Phillips

Cato Institute, et al., Amicus Curiae, represented by Ilya Shapiro

Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

Citizens United, et al., Amicus Curiae, represented by William J. Olson

Eagle Forum Education & Legal Defense Fund, Amicus Curiae, represented by Lawrence J. Joseph

Educators and Children's Advocates, Amicus Curiae, represented by Matthew Eben Price

Faith-Based Organizations, Amicus Curiae, represented by Benjamin G. Shatz

Federal Courts Scholars, and Southeastern Legal Foundation, Amicus Curiae, represented by Ernest A. Young

Former Commissioners of the United States Immigration and Naturalization Service, Amicus Curiae, represented by Neal K. Katyal

Former Federal Immigration and Homeland Security Officials, Amicus Curiae, represented by Michael J. Gottlieb

Former Homeland Security, Justice, and State Department Officials, Amicus Curiae, represented by Peter Margulies

Former U.S. Attorneys General, Amicus Curiae, represented by David B. Rivkin Jr.

Foundation for Moral Law, Amicus Curiae, represented by John A. Eidsmoe

Gonzalez Olivieri LLC, Quan Law Group PLLC, and Reina Bates Law Firm out of time, Amicus Curiae, represented by Raed Gonzalez

Governor Abbott, et al., Amicus Curiae, represented by Andrew S. Oldham

Intervenor-respondents, Amicus Curiae, represented by Thomas Andrew Saenz

Justice and Freedom Fund, Amicus Curiae, represented by James L. Hirsen

Legal Scholars Ronald A. Cass and Christopher DeMuth, and The Judicial Education Project, Amicus Curiae, represented by Ashley C. Parrish

Major Cities Chiefs Association, et al., Amicus Curiae, represented by Matthew J. Piers

Maricopa County Arizona Sheriff, Joseph M. Arpaio, Amicus Curiae, represented by Larry Klayman

Mayors of New York, et al., Amicus Curiae, represented by Richard Dearing

Members of the Business Community, Amicus Curiae, represented by Boris Bershteyn

Minkwon Center for Community Action, Amicus Curiae, represented by Jonathan M. Jacobson

Mountain States Legal Foundation, Amicus Curiae, represented by Steven J. Lechner

National Justice For Our Neighbors and the Justice For Our Neighbors Network, Amicus Curiae, represented by Charles Shane Ellison

National Queer Asian Pacific Islander Alliance Inc., and Others, Amicus Curiae, represented by James Wayne Kim

National Sheriffs' Association, et al., Amicus Curiae, represented by Gene C. Schaerr

N.C. Lieutenant Governor Daniel J. Forest, Amicus Curiae, represented by David Stevenson Walker II.

Professional Economists and Scholars in Related Fields, Amicus Curiae, represented by Justin G. Florence

Professor Walter Dellinger, Amicus Curiae, represented by Joseph R. Palmore

Save Jobs USA and Washington Alliance of Technology Workers, Amicus Curiae, represented by John M. Miano

Senate Majority Leader Mitch McConnell and 42 Other Members of the United States Senate, Amicus Curiae, represented by Steven A. Engel

The American Center for Law & Justice, et al., Amicus Curiae, represented by Jay Alan Sekulow

The American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by Matthew J. Ginsburg

The Immigration Reform Law Institute, et al., Amicus Curiae, represented by Michael M. Hethmon

The Major Cities Chiefs Association, et al., Amicus Curiae, represented by David Meir Zionts

The National Federation of Independent Business Small Business Legal Center, Amicus Curiae, represented by William S. Consovoy

The States of Washington, et al., Amicus Curiae, represented by Anne E. Egeler

United States House of Representatives, Amicus Curiae, represented by Erin E. Murphy

United We Dream, Amicus Curiae, represented by Alan E. Untereiner

Wyoming, Amicus Curiae, represented by Peter K. Michael

 
Last updated: March 27, 2017