Argued

No. 22-58

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

Record received from U.S.D.C.-Southern District of Texas (three CDs).

Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.

Motion for leave to intervene filed by Sheriff Brad Coe, et al. DENIED.

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

Reply on motion to intervene of Sheriff Brad Coe, et al. filed. (Distributed)

Response in opposition to motion for leave to intervene from petitioners United States, et al. filed. (Distributed)

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

Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.

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

Brief amicus curiae of Florida filed. (Distributed)

Brief amicus curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. (Distributed)

CIRCULATED.

Brief of Texas Sheriffs and Counties and the Federal Police Foundation, ICE Officers Division, as Movants for Intervention Or, Alternatively, as Amici Curiae in Support of Respondents and Affirmance of Sheriff Brad Coe, et al. not accepted for filing. (October 27, 2022--Corrected brief as amici curiae to be submitted.)

Motion for leave to intervene filed by Sheriff Brad Coe, et al.

Brief of respondents Texas, et al. filed.

SET FOR ARGUMENT on Tuesday, November 29, 2022.

Brief amicus curiae of Stephen I. Vladeck filed. (Sept. 23, 2022)

Amicus brief of Stephen I. Vladeck not accepted for filing. (Corrected version to be submitted - September 21, 2022).

Brief amicus curiae of Public Citizen filed.

Blanket Consent filed by Petitioner, United States, et al.

Joint appendix filed.

Brief of petitioners United States, et al. filed.

Blanket Consent filed by Respondent, Texas, et al.

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 September 12, 2022. The time to file respondents' brief on the merits is extended to and including October 18, 2022.

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

Application (22A17) denied by the Court. The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; 2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2). The case will be set for argument in the first week of the December 2022 argument session. Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would grant the application for stay.

Application (22A17) referred to the Court.

Reply of applicants United States, et al. filed.

Motion for leave to file amicus brief filed by Arizona, Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Kentucky, Indiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming.

Motion for leave to file amicus brief filed by Immigration Reform Law Institute.

Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck.

Response to application from respondents Texas, et al. filed.

Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022.

Petition for a writ of certiorari before judgment filed.

Application (22A17) for a stay, submitted to Justice Alito.

Parties

United States, et al., Petitioner, represented by Elizabeth B. Prelogar

Texas, et al., Respondent, represented by Judd Edward Stone II

Amici Curiae

21 Cities, Counties, and Local Government Organizations, Amicus Curiae, represented by Daniel Ramsey Suvor

Administrative Law Professors, Amicus Curiae, represented by Adam Scott Gershenson

Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC, Amicus Curiae, represented by William Jeffrey Olson

Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service, Amicus Curiae, represented by Brianne Jenna Gorod

Immigrant and Civil Rights Organizations, et al., Amicus Curiae, represented by Sirine Shebaya

National Immigrant Justice Center, American Gateways, API-GBV, Tahirih Justice Center, Amicus Curiae, represented by Charles G. Roth

New York, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington, and the District of Columbia, Amicus Curiae, represented by Barbara Dale Underwood

Public Citizen, Amicus Curiae, represented by Allison M. Zieve

State of Florida, Amicus Curiae, represented by Henry Charles Whitaker

States of Arizona, Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, West Virginia, and Wyoming, Amicus Curiae, represented by Drew Curtis Ensign

Stephen I. Vladeck, Amicus Curiae, represented by Lindsay C. Harrison

Texas Sheriffs, et al., Amicus Curiae, represented by Christopher J. Hajec

The American Civil Liberties Union, ACLU of Texas, American Immigration Lawyers Association, Amicus Curiae, represented by Cody Hirt Wofsy

 
Last updated: February 6, 2023