from the United States Court of Appeals for the Fifth Circuit
See other cases from the Fifth Circuit.
JUDGMENT ISSUED
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Kavanaugh, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined as to all but the first sentence.
Letter from the Solicitor General providing update regarding statistical corrections to reports cited in their petition filed. (Distributed)
Supplemental reply brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Supplemental reply brief for respondents Texas, et al. filed. (Distributed)
Supplemental amici curiae brief of Indiana, et al. filed. (Distributed)
Supplemental brief of respondents Texas, et al. filed. (Distributed)
Supplemental brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Supplemental amicus curiae brief of Public Citizen filed. (Distributed)
Supplemental amicus curiae brief of American Civil Liberties Union in support of neither party filed. (To Be Recovered) (Distributed)
Supplemental amicus curiae brief of National Immigrant Justice Center filed. (Distributed)
Supplemental amicus curiae brief of America First Legal Foundation filed. (Distributed)
Supplemental amicus curiae brief of Immigration Reform Law Institute filed. (Distributed)
The parties are directed to file supplemental briefs addressing the following questions: (1) Whether 8 U. S. C. §1252(f)(1) imposes any jurisdictional or remedial limitations on the entry of injunctive relief, declaratory relief, or relief under 5 U. S. C. §706. (2) Whether such limitations are subject to forfeiture. (3) Whether this Court has jurisdiction to consider the merits of the questions presented in this case. The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 5 p.m., Monday, May 9, 2022. Amicus curiae briefs, not to exceed 3,000 words, may be filed with the Clerk and served upon counsel on or before 5 p.m., Monday, May 9, 2022. Reply briefs, not to exceed 3,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 5 p.m., Friday, May 13, 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.
Letter from the Solicitor General noting statistical corrections to reports cited in their petition filed. (Distributed)
Reply of petitioner Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Brief amicus curiae of Center for Immigration Studies filed. (Distributed)
Brief amicus curiae of Advancing American Freedom filed. (Distributed)
Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
Brief amicus curiae of America First Legal Foundation filed. (Distributed)
Brief amicus curiae of Landmark Legal Foundation filed. (Distributed)
Brief amicus curiae of Advocates for Victims of Illegal Alien Crime filed. (Distributed)
Brief amici curiae of Indiana, et al. filed. (Distributed)
Brief of respondent Texas filed. (Distributed)
Record received from the U.S.D.C. Northern District of Texas (Amarillo) has been electronically filed.
CIRCULATED
Record from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Brief amici curiae of 25 Cities and Counties filed.
Brief amicus curiae of Center for Immigration Law and Policy, UCLA School of Law filed.
Brief amici curiae of State of Illinois, et al. filed.
Brief amici curiae of Former DHS Secretary Jeh C. Johnson and Former Ambassador to Mexico Roberta S. Jacobson filed.
Brief amici curiae of Bipartisan Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service filed.
Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
Brief amici curiae of 61 Immigration Advocacy and Legal Service Organizations filed.
Brief amici curiae of Administrative Law Professors filed.
Brief amici curiae of The Border Project and the National Immigrant Justice Center filed.
Brief amicus curiae of Public Citizen filed.
Brief amicus curiae of Professor Benjamin Eidelson filed.
Record requested from the U.S.C.A. 5th Circuit.
ARGUMENT SET FOR Tuesday, April 26, 2022.
Joint appendix filed. (Statement of cost filed.)
Brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed.
Blanket Consent filed by Respondent, Texas
Blanket Consent filed by Petitioner, Joseph R. Biden, Jr., President of the United States, et al.
Petition GRANTED. The case will be set for argument in the second week of the April 2022 argument session. Petitioners' brief on the merits is to be filed on or before Monday, March 14, 2022. Respondents' brief on the merits is to be filed on or before Thursday, April 7, 2022. The reply brief is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, April 20, 2022.
Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Brief of respondents Texas, et al. in opposition filed.
Waiver of the 14-day waiting period for distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
Motion to extend the time to file a response DENIED.
Response to motion to extend the time to file a response filed.
Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.
Petition for a writ of certiorari filed. (Response due January 28, 2022)
Joseph R. Biden, Jr., President of the United States, et al., Petitioner, represented by Elizabeth B. Prelogar
Missouri, Respondent, represented by D. John Sauer
Texas, Respondent, represented by Judd Edward Stone II
25 Cities and Counties, Amicus Curiae, represented by Daniel Ramsey Suvor
61 Immigration Advocacy and Legal Service Organizations, Amicus Curiae, represented by Karen C. Tumlin
Administrative Law Professors, Amicus Curiae, represented by Kathleen Roberta Hartnett
Advancing American Freedom, Amicus Curiae, represented by Matthew Jared Sheehan
Advocates for Victims of Illegal Alien Crime, Amicus Curiae, represented by Walter Stephen Zimolong III
America First Legal Foundation, Amicus Curiae, represented by Gene Patrick Hamilton
American Civil Liberties Union, Amicus Curiae, represented by Michael King Thomas Tan
Bipartisan Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service, Amicus Curiae, represented by Brianne Jenna Gorod
Center for Immigration Law and Policy, UCLA School of Law, Amicus Curiae, represented by Anjan Choudhury
Center for Immigration Studies, Amicus Curiae, represented by Julie B. Axelrod
Former DHS Secretary Jeh C. Johnson and Former Ambassador to Mexico Roberta S. Jacobson, Amicus Curiae, represented by Moses Silverman
Immigration Reform Law Institute, Amicus Curiae, represented by Christopher J. Hajec
Landmark Legal Foundation, Amicus Curiae, represented by Matthew Conrad Forys
National Immigrant Justice Center, Amicus Curiae, represented by Charles G. Roth
Professor Benjamin Eidelson, Amicus Curiae, represented by Benjamin Micah Eidelson
Public Citizen, Amicus Curiae, represented by Nandan Maheshchandra Joshi
State of Illinois, et al., Amicus Curiae, represented by Jane Elinor Notz
States of Indiana, Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, and West Virginia, Amicus Curiae, represented by Thomas M. Fisher
States of Indiana, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, and West Virginia, Amicus Curiae, represented by Thomas M. Fisher
The Border Project and the National Immigrant Justice Center, Amicus Curiae, represented by Victoria Dorfman
United States Conference of Catholic Bishops, et al., Amicus Curiae, represented by Ethan Douglas Dettmer