No. 21-588
Title:United States, Petitioner
v.
Texas, et al.
Docketed:October 22, 2021
Linked with 21A85
Lower Ct:United States Court of Appeals for the Fifth Circuit
   Case Numbers:(21-50949)
   Decision Date:October 14, 2021
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Oct 18 2021Application (21A85) to vacate stay, submitted to Justice Alito.
Main DocumentProof of ServiceOther
Oct 18 2021Petition for a writ of certiorari before judgment filed. (Response due November 22, 2021)
PetitionProof of ServiceOther
Oct 18 2021Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.
Oct 18 2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Massachusetts, et al.
Main DocumentOtherOther
Oct 18 2021Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al.
Main DocumentProof of ServiceOtherProof of Service
Oct 19 2021Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars.
Main DocumentProof of ServiceOther
Oct 19 2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Medical Organizations.
Main DocumentOtherProof of Service
Oct 19 2021Motion for leave to file amicus brief filed by Constitutional Accountability Center.
Main DocumentOtherProof of Service
Oct 19 2021Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al.
Main DocumentProof of ServiceOther
Oct 19 2021Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al.
Main DocumentProof of ServiceOther
Oct 20 2021Motion for leave to file amicus brief filed by Texas Medical Association.
Main DocumentProof of ServiceOther
Oct 20 2021Motion 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.
Main DocumentOtherProof of ServiceOther
Oct 21 2021Response to application from respondent Texas filed.
Main DocumentProof of Service
Oct 21 2021Response to application from Erick Graham, et al. filed.
Main Document
Oct 21 2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Indiana, et al.
Main DocumentOtherProof of Service
Oct 22 2021Reply of applicant United States filed.
ReplyProof of Service
Oct 22 2021Application (21A85) referred to the Court.
Oct 22 2021Consideration 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)
Oct 22 2021The 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 Sotomayor, concurring in part and dissenting in part. (Detached opinion)
Oct 22 2021ARGUMENT SET FOR Monday, November 1, 2021.
Oct 23 2021Blanket Consent filed by Respondent, Texas
Blanket Consent
Oct 25 2021Motion for divided argument filed by respondents.
Main DocumentProof of Service
Oct 25 2021Blanket Consent filed by Petitioner, United States
Blanket Consent
Oct 26 2021Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-463). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 26 2021Brief amici curiae of Leading Medical Organizations filed (also in 21-463). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 26 2021Motion for divided argument filed by respondents GRANTED.
Oct 26 2021In 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).
Oct 27 2021Brief of petitioner United States filed. (Distributed)
Certificate of Word CountMain Document
Oct 27 2021Consolidated brief of state respondents filed (also in 21-463). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief of private respondents filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Oct 27 2021Brief amicus curiae of American Bar Association filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amici curiae of Legal Scholars filed (also in 21-463). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amici curiae of Massachusetts, et al. filed (also in 21-463). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amici curiae of Legal Scholars Leah Litman, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction)
Oct 27 2021Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction)
Oct 27 2021Brief amicus curiae of Texas Medical Association filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amici curiae of Indiana, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amicus curiae of Blanca Telephone Company in support of neither party filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amici curiae of Local Governments filed (also in 21-463). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amici curiae of 410 Texas Women Injured By Abortion, et al. filed. (Distributed)
Main DocumentOtherCertificate of Word CountProof of Service
Oct 27 2021Brief amicus curiae of David Boyle filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amicus curiae of American Center for Law and Justice filed (also in 21-463). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-463). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amici curiae of Planned Parenthood of Greater Texas Surgical Health Services, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 27 2021Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-463). VIDED. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Oct 27 2021Main document of The Rogers Group not accepted for filing. (October 29, 2021)
Oct 27 2021Record on appeal available on PACER. The USDC, W. District of Texas - transcript of October 1, 2021 hearing electronically received.
Oct 28 2021Amicus of The Rogers Group not accepted for filing. (October 29, 2021)
Oct 29 2021Reply brief of petitioner United States filed. (Distributed)
Proof of ServiceMain Document
Oct 29 2021Consolidated reply brief of state respondents filed (also in 21-463). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 29 2021Reply brief of private respondents filed. (Distributed)
Main DocumentCertificate of Word Count
Nov 01 2021Argued. 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.

NAMEADDRESSPHONE
Attorneys for Petitioner
Elizabeth B. Prelogar
    Counsel of Record
Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States
Attorneys for Respondents
Judd Edward Stone II
    Counsel of Record
Texas Attorney General's Office
P.O. Box 12548 (MC 059)
Austin, TX 78711-2548

judd.stone@oag.texas.gov
512-936-1700
Party name: Texas
Jonathan F. MitchellMitchell Law PLLC
111 Congress Avenue
Suite 400
Austin, TX 78701

jonathan@mitchell.law
(512) 686-3940
Party name: private respondents
Other
John P. Mastando III
    Counsel of Record
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153

john.mastando@weil.com
(212) 310-8000
Party name: 128 Current and Former Prosecutors and Law Enforcement Leaders, et al.
Jonathan B. Miller
    Counsel of Record
Public Rights Project
4096 Piedmont Avenue, #149
Oakland, CA 94611

jon@publicrightsproject.org
6468316113
Party name: Local Governments
Allan E. Parker Jr.
    Counsel of Record
The Justice Foundation
8023 Vantage Dr.
Suite 1275
San Antonio, TX 78230

parker4justice@gmail.com
2106147157
Party name: 410 Texas Women Injured By Abortion, et al.
Alan Evan Schoenfeld
    Counsel of Record
Wilmer, Cutler, Pickering, Hale and Dorr, LLP
7 World Trade Center, 250 World Trade Center
New York, NY 10007

alan.schoenfeld@wilmerhale.com
(212)-937-7294
Party name: Planned Parenthood of Greater Texas Surgical Health Services, et al.
Jay Alan Sekulow
    Counsel of Record
American Center for Law and Justice
American Center for Law and Justice
201 Maryland Avenue, N.E.
Washington, DC 20002

sekulow@aclj.org
2025468890
Party name: American Center for Law and Justice
Catherine Wynne Short
    Counsel of Record
Life Legal Defense Foundation
P.O. Box 2105
Napa, CA 94558

kshort@lldf.org
(707) 224-6675
Party name: Life Legal Defense Foundation
David Christopher Boyle
    Counsel of Record
PO Box 15143
Long Beach, CA 90815

dbo@boyleslaw.org
(734)-904-6132
Party name: David Boyle
Thomas M. Fisher
    Counsel of Record
Office of the Indiana Attorney General
IGC South, Fifth Floor
302 W. Washington
Indianapolis, IN 46204

tom.fisher@atg.in.gov
317-232-6255
Party name: Indiana, et al.
Brianne Jenna Gorod
    Counsel of Record
Constitutional Accountability Center
1200 18th Street, NW
Suite 501
Washington, DC 20036

brianne@theusconstitution.org
202-296-6889
Party name: Constitutional Accountability Center
Amanda Stephanie Hainsworth
    Counsel of Record
Office of the Massachusetts Attorney General
1 Ashburton Place
Boston, MA 02108

amanda.hainsworth@mass.gov
617-963-2618
Party name: Massachusetts, et al.
Alison Beth Miller
    Counsel of Record
Holwell Shuster and Goldberg
425 Lexington Avenue, 14th Floor
New York, NY 10017

amiller@hsgllp.com
(646) 837-8559
Party name: Legal Scholars
Mark Leonard Rienzi
    Counsel of Record
The Becket Fund for Religious Liberty
1919 Pennsylvania Avenue NW
Suite 400
Washington, DC 20006

mrienzi@becketlaw.org
(202) 955-0095
Party name: The Becket Fund for Religious Liberty
Shannon Rose Selden
    Counsel of Record
Debevoise & Plimpton LLP
919 3rd Avenue
New York, NY 10022

srselden@debevoise.com
212-909-6000
Party name: Leading Medical Organizations
Reginald M. Turner Jr.
    Counsel of Record
American Bar Association
321 North Clark Street
Chicao, IL 60654

abapresident@americanbar.org
312-988-5000
Party name: American Bar Association
Timothy Edward Welch
    Counsel of Record
Hill & Welch
1116 Heartfields Drive
Silver Spring, MD 20904

welchlaw@earthlink.net
2023211448
Party name: Blanca Telephone Company
Donald P. Wilcox
    Counsel of Record
Texas Medical Assoc.
401 West 15th Street
10th Floor
Austin, TX 78701

rocky.wilcox@texmed.org
5123701336
Party name: Texas Medical Association
Sonya Diane Winner
    Counsel of Record
Covington & Burling
Salesforce Tower
415 Mission Street, Suite 5400
San Francisco, CA 94105-2533

swinner@cov.com
4155917072
Party name: Legal Scholars Leah Litman, Erwin Chemerinsky, Michael C. Dorf, and Barry Friedman