| No. 21A21 |
|
| Title: |
Joseph R. Biden, Jr., President of the United States, et al., Applicants v. Texas, et al. |
| Docketed: | August 20, 2021 |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (21-10806) |
| Aug 20 2021 | Application (21A21) for a stay, submitted to Justice Alito. Proof of Service Main Document Lower Court Orders/Opinions |
| Aug 20 2021 | Order issued by Justice Alito: UPON CONSIDERATION of the application of counsel for the applicants,
IT IS ORDERED that the injunction issued by the District Court is stayed until 11:59 p.m. EDT on Tuesday, August 24 so that the full Court can consider the application. The respondents shall file a response to the application by 5 p.m. EDT on Tuesday, August 24. |
| Aug 23 2021 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by American Civil Liberties Union, et al. Main Document Other Proof of Service |
| Aug 23 2021 | Motion for leave to file amicus brief filed by Al Otro Lado. Main Document Other Proof of Service |
| Aug 23 2021 | Motion for leave to file amici brief filed by Non-Profit Organizations and Former Immigration Judges. Main Document Other Proof of Service |
| Aug 24 2021 | Response to application from respondent State of Texas, et al. filed. Main Document Proof of Service |
| Aug 24 2021 | Reply of applicant Joseph R. Biden, et al. filed. Proof of Service Reply |
| Aug 24 2021 | Motion for leave to file amici brief filed by Indiana, et al. Main Document Other Proof of Service |
| Aug 24 2021 | Motion for leave to file amicus brief filed by Immigration Reform Law Institute. Main Document Other Proof of Service |
| Aug 24 2021 | Application (21A21) referred to the Court. |
| Aug 24 2021 | Application (21A21) denied by the Court. The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious. See Department of Homeland Security v. Regents of Univ. of Cal., 591 U. S. ___ (2020) (slip op., at 912, 17-26). Our order denying the Government’s request for a stay of the District Court injunction should not be read as affecting the construction of that injunction by the Court of Appeals. Justice Breyer, Justice Sotomayor, and Justice Kagan would grant the application. |