Decided

No. 20-138

Joseph R. Biden, Jr., President of the United States, et al. v. Sierra Club, et al.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED.

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.

Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed.

Response to motion from respondents States of California and New Mexico filed.

Response in opposition to motion to vacate and remand from respondent Sierra Club & Southern Border Communities Coalition filed.

Motion to vacate and remand filed by petitioners.

Letter from the Acting Solicitor General notifying the Court of the April 30, 2021, memorandum of the Deputy Secretary of Defense, filed. (Distributed)

Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar GRANTED.

Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar filed by petitioners. (Distributed)

Record from the U.S.C.A. 9th Circuit electronic and located on Pacer.

Record requested from the U.S.C.A. 9th Circuit.

Motion for divided argument filed by respondents GRANTED.

CIRCULATED

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

Brief amici curiae of Federal Courts Scholars filed. (Distributed)

Brief amici curiae of 87 Religious Organizations filed. (Distributed)

Brief amicus curiae of Tohono O'odham Nation filed. (Distributed)

Brief amici curiae of Former Members of Congress filed. (Distributed)

Brief amici curiae of Defenders of Wildlife et al., filed. (Distributed)

Brief amicus curiae of Rio Grande Landowners Coalition filed. (Distributed)

Brief amicus curiae of The Cato Institute filed. (Distributed)

Motion for divided argument filed by respondents.

Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)

Brief amicus curiae of The Rutherford Institute filed. (Distributed)

CIRCULATED

Brief of respondents States of California and New Mexico filed. (Distributed)

Brief of respondents Sierra Club & Southern Border Communities Coalition filed. (Distributed)

Blanket Consent filed by Petitioner, Donald J. Trump, President of the United States, et al.

SET FOR ARGUMENT on Monday, February 22, 2021

Brief amicus curiae of Rep. Andy Barr filed.

Brief amicus curiae of The American Center for Law and Justice filed.

Brief amicus curiae of Landmark Legal Foundation filed.

Joint appendix filed. (Statement of costs filed 5/12/21).

Brief of petitioners Donald J. Trump, President of the United States, et al. filed.

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.

Motion for an extension of time to file the briefs on the merits filed.

Petition GRANTED.

DISTRIBUTED for Conference of 10/16/2020.

Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)

DISTRIBUTED for Conference of 10/9/2020.

Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.

Brief of respondents California and New Mexico in opposition filed. (Distributed)

Brief of respondents Sierra Club & Southern Border Communities Coalition in opposition filed. (Distributed)

Brief amicus curiae of The American Center for Law and Justice filed.

Brief amicus curiae of Rep. Andy Barr filed.

Brief amicus curiae of Landmark Legal Foundation filed.

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.

Response to motion from petitioner Donald J. Trump, President of the United States, et al. filed.

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.

Letter of September 1, 2020 from the Acting Solicitor General filed.

Petition for a writ of certiorari filed. (Response due September 8, 2020)

Parties

Joseph R. Biden, Jr., President of the United States, et al., Petitioner, represented by Brian H. Fletcher

California and New Mexico, Respondent, represented by Joshua A. Klein

Sierra Club & Southern Border Communities Coalition, Respondent, represented by Dror Ladin

States of California and New Mexico, Respondent, represented by Aimee Athena Feinberg

Amici Curiae

87 Religious Organizations, Amicus Curiae, represented by Steven Alan Zalesin

Defenders of Wildlife et al, Amicus Curiae, represented by Jason Craig Rylander

Federal Courts Scholars, Amicus Curiae, represented by Brianne Jenna Gorod

Former Members of Congress, Amicus Curiae, represented by John Arak Freedman

Pacific Legal Foundation, Amicus Curiae, represented by Jonathan Calvin Wood

Rio Grande Landowners Coalition, Amicus Curiae, represented by Douglas Wharton Alexander

The American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

The Cato Institute, Amicus Curiae, represented by Ilya Shapiro

The Rutherford Institute, Amicus Curiae, represented by Dorothy Alicia Hickok

Tohono O'odham Nation, Amicus Curiae, represented by Samuel Franklin Daughety

United States House of Representatives, Amicus Curiae, represented by Douglas Neal Letter

 
Last updated: April 20, 2024