Argued

No. 21-588

United States v. Texas, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

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.

Consolidated reply brief of state respondents filed (also in 21-463). VIDED. (Distributed)

Reply brief of private respondents filed. (Distributed)

Reply brief of petitioner United States filed. (Distributed)

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

Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction)

Brief of petitioner United States filed. (Distributed)

Brief amici curiae of Legal Scholars Leah Litman, et al. filed. (Distributed)

Brief amici curiae of Massachusetts, et al. filed (also in 21-463). VIDED. (Distributed)

Brief amicus curiae of American Bar Association filed. (Distributed)

Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)

Main document of The Rogers Group not accepted for filing. (October 29, 2021)

Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-463). VIDED. (Distributed)

Brief amici curiae of Planned Parenthood of Greater Texas Surgical Health Services, et al. filed. (Distributed)

Brief amici curiae of 410 Texas Women Injured By Abortion, et al. filed. (Distributed)

Brief amici curiae of Local Governments filed (also in 21-463). VIDED. (Distributed)

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

Brief amici curiae of Legal Scholars filed (also in 21-463). VIDED. (Distributed)

Brief of private respondents filed. (Distributed)

Consolidated brief of state respondents filed (also in 21-463). VIDED. (Distributed)

Record on appeal available on PACER. The USDC, W. District of Texas - transcript of October 1, 2021 hearing electronically received.

Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-463). VIDED. (Distributed)

Brief amicus curiae of American Center for Law and Justice filed (also in 21-463). VIDED. (Distributed)

Brief amicus curiae of Blanca Telephone Company in support of neither party filed. (Distributed)

Brief amicus curiae of David Boyle filed. (Distributed)

Brief amicus curiae of Texas Medical Association filed. (Distributed)

Brief amici curiae of Leading Medical Organizations filed (also in 21-463). VIDED. (Distributed)

Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-463). VIDED. (Distributed)

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).

Motion for divided argument filed by respondents GRANTED.

Blanket Consent filed by Petitioner, United States

Motion for divided argument filed by respondents.

Blanket Consent filed by Respondent, Texas

Consideration of the application (21A85) to vacate stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. Justice Sotomayor, concurring in part and dissenting in part. (Detached opinion)

ARGUMENT SET FOR Monday, November 1, 2021.

Application (21A85) referred to the Court.

Reply of applicant United States filed.

The application (No. 21A85) is treated as a petition for a writ of certiorari before judgment, 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 Sot...

Response to application from Erick Graham, et al. filed.

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.

Response to application from respondent Texas filed.

Motion for leave to file amicus brief filed by Texas Medical Association.

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.

Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al.

Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al.

Motion for leave to file amicus brief filed by Constitutional Accountability Center.

Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Medical Organizations.

Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars.

Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al.

Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.

Application (21A85) to vacate stay, submitted to Justice Alito.

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.

Petition for a writ of certiorari before judgment filed. (Response due November 22, 2021)

Parties

United States, Petitioner, represented by Elizabeth B. Prelogar

private respondents, Respondent, represented by Jonathan F. Mitchell

Texas, Respondent, represented by Judd Edward Stone II

Amici Curiae

128 Current and Former Prosecutors and Law Enforcement Leaders, et al., Amicus Curiae, represented by John P. Mastando III

410 Texas Women Injured By Abortion, et al., Amicus Curiae, represented by Allan E. Parker Jr.

American Bar Association, Amicus Curiae, represented by Reginald M. Turner Jr.

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

Blanca Telephone Company, Amicus Curiae, represented by Timothy Edward Welch

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

David Boyle, Amicus Curiae, represented by David Christopher Boyle

Indiana, et al., Amicus Curiae, represented by Thomas M. Fisher

Leading Medical Organizations, Amicus Curiae, represented by Shannon Rose Selden

Legal Scholars, Amicus Curiae, represented by Alison Beth Miller

Legal Scholars Leah Litman, Erwin Chemerinsky, Michael C. Dorf, and Barry Friedman, Amicus Curiae, represented by Sonya Diane Winner

Life Legal Defense Foundation, Amicus Curiae, represented by Catherine Wynne Short

Local Governments, Amicus Curiae, represented by Jonathan B. Miller

Massachusetts, et al., Amicus Curiae, represented by Amanda Stephanie Hainsworth

Planned Parenthood of Greater Texas Surgical Health Services, et al., Amicus Curiae, represented by Alan Evan Schoenfeld

Texas Medical Association, Amicus Curiae, represented by Donald P. Wilcox

The Becket Fund for Religious Liberty, Amicus Curiae, represented by Mark Leonard Rienzi

 
Last updated: December 8, 2021