| 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 |
| Questions Presented | |
| Oct 18 2021 | Application (21A85) to vacate stay, submitted to Justice Alito. Main Document Proof of Service Other |
| Oct 18 2021 | Petition for a writ of certiorari before judgment filed. (Response due November 22, 2021) Petition Other Proof of Service |
| Oct 18 2021 | Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET. |
| Oct 18 2021 | 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. Main Document Other Other |
| Oct 18 2021 | Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al. Main Document Proof of Service Other Proof of Service |
| Oct 19 2021 | Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars. Main Document Proof of Service Other |
| Oct 19 2021 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Medical Organizations. Main Document Other Proof of Service |
| Oct 19 2021 | Motion for leave to file amicus brief filed by Constitutional Accountability Center. Main Document Other Proof of Service |
| Oct 19 2021 | Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al. Main Document Proof of Service Other |
| Oct 19 2021 | Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al. Main Document Proof of Service Other |
| Oct 20 2021 | Motion for leave to file amicus brief filed by Texas Medical Association. Main Document Proof of Service Other |
| Oct 20 2021 | 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. Main Document Other Proof of Service Other |
| Oct 21 2021 | Response to application from respondent Texas filed. Main Document Proof of Service |
| Oct 21 2021 | Response to application from Erick Graham, et al. filed. Main Document |
| Oct 21 2021 | 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. Main Document Other Proof of Service |
| Oct 22 2021 | Reply of applicant United States filed. Reply Proof of Service |
| Oct 22 2021 | Application (21A85) referred to the Court. |
| Oct 22 2021 | Consideration of the application (21A85) to vacate stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The application is treated as a petition for a writ of certiorari before judgment (No. 21-588), 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 2021 | ARGUMENT SET FOR Monday, November 1, 2021. |
| Oct 23 2021 | Blanket Consent filed by Respondent, Texas Blanket Consent |
| Oct 25 2021 | Motion for divided argument filed by respondents. Main Document Proof of Service |
| Oct 25 2021 | Blanket Consent filed by Petitioner, United States Blanket Consent |
| Oct 26 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-463). VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 26 2021 | Brief amici curiae of Leading Medical Organizations filed (also in 21-463). VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 26 2021 | Motion for divided argument filed by respondents GRANTED. |
| Oct 26 2021 | 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). |
| Oct 27 2021 | Brief of petitioner United States filed. (Distributed) Certificate of Word Count Main Document |
| Oct 27 2021 | Consolidated brief of state respondents filed (also in 21-463). VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief of private respondents filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Oct 27 2021 | Brief amicus curiae of American Bar Association filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amici curiae of Legal Scholars filed (also in 21-463). VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amici curiae of Massachusetts, et al. filed (also in 21-463). VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amici curiae of Legal Scholars Leah Litman, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction) |
| Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction) |
| Oct 27 2021 | Brief amicus curiae of Texas Medical Association filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amici curiae of Indiana, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amicus curiae of Blanca Telephone Company in support of neither party filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amici curiae of Local Governments filed (also in 21-463). VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amici curiae of 410 Texas Women Injured By Abortion, et al. filed. (Distributed) Main Document Other Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amicus curiae of David Boyle filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amicus curiae of American Center for Law and Justice filed (also in 21-463). VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-463). VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amici curiae of Planned Parenthood of Greater Texas Surgical Health Services, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2021 | Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-463). VIDED. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Oct 27 2021 | Main document of The Rogers Group not accepted for filing. (October 29, 2021) |
| Oct 27 2021 | Record on appeal available on PACER. The USDC, W. District of Texas - transcript of October 1, 2021 hearing electronically received. |
| Oct 28 2021 | Amicus of The Rogers Group not accepted for filing. (October 29, 2021) |
| Oct 29 2021 | Reply brief of petitioner United States filed. (Distributed) Proof of Service Main Document |
| Oct 29 2021 | Consolidated reply brief of state respondents filed (also in 21-463). VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 29 2021 | Reply brief of private respondents filed. (Distributed) Main Document Certificate of Word Count |
| Nov 01 2021 | 21-588 (21A85) 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. |
| Dec 10 2021 | Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam. The application to vacate stay (21A85) presented to Justice Alito and by him referred to the Court is denied. Justice Sotomayor would grant the application to vacate stay in No. 21A85 and dissents from the dismissal of No. 21-588 as improvidently granted. |
| Jan 11 2022 | JUDGMENT ISSUED. |