| No. 22-592 |
|
| Title: |
Arizona, et al., Petitioners v. Alejandro Mayorkas, Secretary of Homeland Security, et al. |
| Docketed: | December 27, 2022 |
| Linked with: | 22A544 |
| Lower Ct: | United States Court of Appeals for the District of Columbia Circuit |
| Case Numbers: | (22-5325) |
| Decision Date: | December 16, 2022 |
| Questions Presented | |
| Dec 19 2022 | Application (22A544) for a stay, submitted to The Chief Justice. Main Document Other Proof of Service |
| Dec 19 2022 | Petition for a writ of certiorari filed. (See order of December 27, 2022). |
| Dec 19 2022 | Upon consideration of the application of counsel for the applicants, it is ordered that the November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21-cv-00100, is hereby stayed pending further order of The Chief Justice or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, December 20, 2022, by 5 p.m. (EST). |
| Dec 20 2022 | Federal Respondents' Opposition to the Application For A Stay Pending Certiorari filed. Proof of Service Main Document |
| Dec 20 2022 | Response to application from respondent Nancy Gimena Huisha-Huisha, et al., filed. Main Document Proof of Service |
| Dec 20 2022 | Motion for leave to file and brief of amicus curiae filed by Immigration Reform Law Institute. Main Document |
| Dec 21 2022 | Reply of applicant Arizona, et al. filed. Reply Proof of Service |
| Dec 27 2022 | Petition GRANTED. |
| Dec 27 2022 | Application (22A544) referred to the Court. |
| Dec 27 2022 | Application (22A544) for stay pending certiorari presented to The Chief Justice and by him referred to the Court is granted. The November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21– cv–00100, is hereby stayed. Applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The parties are directed to brief and argue the following question: Whether the State applicants may intervene to challenge the District Court’s summary judgment order.
This stay precludes giving effect to the District Court order setting aside and vacating the Title 42 policy; the stay itself does not prevent the federal government from taking any action with respect to that policy. The Court’s review on certiorari is limited to the question of intervention. While the underlying merits of the District Court’s summary judgment order are pertinent to that analysis, the Court does not grant review of those merits, which have not yet been addressed by the Court of Appeals.
The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the February 2023 argument session. The stay shall terminate upon the sending down of the judgment of this Court. The order heretofore entered by The Chief Justice is vacated.
Justice Sotomayor and Justice Kagan would deny the application.
Justice Gorsuch, with whom Justice Jackson joins, dissenting. (Detached Opinion) |
| Jan 04 2023 | The joint appendix and petitioners’ brief on the merits are to be filed on or before Wednesday, January 18, 2023. Respondents’ briefs on the merits are to be filed on or before Tuesday, February 7, 2023. The reply brief is to be filed on or before Friday, February 17, 2023. Amicus curiae briefs in support of petitioners or in support of neither party are to be filed on or before Friday, January 20, 2023. Amicus curiae briefs in support of respondents are to be filed on or before Thursday, February 9, 2023. |
| Jan 06 2023 | SET FOR ARGUMENT on Wednesday, March 1, 2023. |
| Jan 06 2023 | Record requested from U.S.C.A.-D.C. Circuit. |
| Jan 09 2023 | The record for the U.S.C.A.-D.C. Circuit is available on PACER. |
| Jan 09 2023 | The record for the U.S.D.C.-D.C. is available on PACER. |
| Jan 18 2023 | Brief of petitioners Arizona, et al. filed. Main Document Certificate of Word Count Certificate of Word Count |
| Jan 18 2023 | Joint appendix filed. (Statement of costs filed) Main Document Proof of Service |
| Jan 20 2023 | Brief amicus curiae of Immigration Reform Law Institute filed. Certificate of Word Count Proof of Service |
| Jan 20 2023 | Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition filed. Main Document Certificate of Word Count Proof of Service |
| Jan 30 2023 | CIRCULATED |
| Feb 03 2023 | Brief amicus curiae of The Protect Democracy Project filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Feb 07 2023 | Brief of respondents Nancy Gimena Huisha-Huisha, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Feb 07 2023 | Brief of Federal Respondents filed. (Distributed) Main Document Proof of Service |
| Feb 09 2023 | Brief amici curiae of 60 Immigration Advocacy, Human Rights, and Legal Services Organizations filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Feb 09 2023 | Brief amicus curiae of Former CDC Officials filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Feb 09 2023 | Brief amicus curiae of United Nations High Commissioner For Refugees filed. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Feb 09 2023 | Brief amici curiae of U.S. Conference of Catholic Bishops & Catholic Legal Immigration Network, Inc. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Feb 09 2023 | Brief amici curiae of Scholars of Federal Civil Procedure filed. (Distributed) Main Document Other Certificate of Word Count Proof of Service |
| Feb 09 2023 | Brief amicus curiae of Cato Institute filed. (February 13, 2023 - enlarged copies of pp. 8 & 10 graphs included.) (Distributed) Main Document Certificate of Word Count Proof of Service |
| Feb 14 2023 | Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General. Main Document Proof of Service |
| Feb 16 2023 | The case is REMOVED from the February 2023 argument calendar. |
| Feb 17 2023 | Reply of petitioners Arizona, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Feb 21 2023 | Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General GRANTED. |
| May 12 2023 | Letter from the Solicitor General dated May 12, 2023 filed. (Distributed) Main Document |
| May 16 2023 | Letter of petitioners Arizona, et al. in response filed. (Distributed) Main Document Other |
| May 18 2023 | Judgment VACATED and case REMANDED. The December 16, 2022 order of the United States Court of Appeals for the District of Columbia Circuit denying petitioners’ motion to intervene is vacated, and the case is remanded to that court with instructions to dismiss the motion as moot.
Justice Jackson dissents from the vacatur of the order of the United States Court of Appeals for the District of Columbia Circuit and would instead dismiss the writ of certiorari as improvidently granted. Statement of Justice Gorsuch. (Detached Opinion) |
| Jun 20 2023 | Judgment issued. Main Document |