| 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 | |
| Date | Proceedings and Orders |
| Dec 19 2022 | Application (22A544) for a stay, submitted to The Chief Justice. |
| Main DocumentOtherProof 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 ServiceMain Document | |
| Dec 20 2022 | Response to application from respondent Nancy Gimena Huisha-Huisha, et al., filed. |
| Main DocumentProof 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. |
| ReplyProof 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. |
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| Jan 18 2023 | Joint appendix filed. (Statement of costs filed) |
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| Jan 20 2023 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| Certificate of Word CountProof of Service | |
| Jan 20 2023 | Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2023 | CIRCULATED |
| Feb 03 2023 | Brief amicus curiae of The Protect Democracy Project filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 07 2023 | Brief of respondents Nancy Gimena Huisha-Huisha, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 07 2023 | Brief of Federal Respondents filed. (Distributed) |
| Main DocumentProof of Service | |
| Feb 09 2023 | Brief amici curiae of 60 Immigration Advocacy, Human Rights, and Legal Services Organizations filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 09 2023 | Brief amicus curiae of Former CDC Officials filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 09 2023 | Brief amicus curiae of United Nations High Commissioner For Refugees filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 09 2023 | Brief amici curiae of U.S. Conference of Catholic Bishops & Catholic Legal Immigration Network, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 09 2023 | Brief amici curiae of Scholars of Federal Civil Procedure filed. (Distributed) |
| Main DocumentOtherCertificate of Word CountProof 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 DocumentCertificate of Word CountProof of Service | |
| Feb 14 2023 | Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General. |
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| 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 DocumentCertificate of Word CountProof 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) |
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| May 16 2023 | Letter of petitioners Arizona, et al. in response filed. (Distributed) |
| Main DocumentOther | |
| 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) |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Drew Curtis Ensign Counsel of Record | Ensign Law Group 202 E. Earll Drive Suite 425 Phoenix, AZ 85004 drewensignlaw@gmail.com | 602-492-5969 |
| Party name: Arizona, et al. | ||
| Elizabeth B. Murrill | Office of the Attorney General 1885 N. Third Street Baton Rouge, LA 70804 murrille@ag.louisiana.gov | 225-326-6766 |
| Party name: Arizona, et al. | ||
| Attorneys for Respondents | ||
| Lee Gelernt Counsel of Record | American Civil Liberties Union 125 Broad St. New York, NY 10004-2400 lgelernt@aclu.org | 212-549-2616 |
| Party name: Nancy Gimena Huisha-Huisha, et al. | ||
| 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: Mayorkas, Alejandro, et al. | ||
| Other | ||
| Anastasia Paulinna Boden Counsel of Record | Cato Institute 1000 Massachusetts Ave. NW Washington, DC 20001 aboden@cato.org | 202-216-1414 |
| Party name: Cato Institute | ||
| Michael R. Dreeben Counsel of Record | O’Melveny & Myers LLP 1625 Eye Street, NW Washington, DC 20006 MDREEBEN@OMM.COM | 202-383-5300 |
| Party name: Scholars of Federal Civil Procedure | ||
| Justin Grant Florence Counsel of Record | Protect Democracy Project 15 Main Street Suite 312 Watertown, MA 02472 JUSTIN.FLORENCE@PROTECTDEMOCRACY.ORG | (202) 774-4234 |
| Party name: The Protect Democracy Project | ||
| Jeffrey T. Green Counsel of Record | Sidley Austin 1501 K Street, NW Washington, DC 20005 JGREEN@SIDLEY.COM | 202 736 8291 |
| Party name: 60 Immigration Advocacy, Human Rights, and Legal Services Organizations | ||
| Christopher J. Hajec Counsel of Record | Immigration Reform Law Institute 25 Massachusetts Avenue NW, Suite 335 Washington, DC 20001 CHAJEC@IRLI.ORG | 202-232-5590 |
| Party name: Immigration Reform Law Institute | ||
| Gary Michael Lawkowski Counsel of Record | Dhillon Law Group, Inc. 2121 Eisenhower Avenue, Suite 608 Alexandria, VA 22314 GLAWKOWSKI@DHILLONLAW.COM | 7035741654 |
| Party name: Citizens United, Citizens United Foundation, and The Presidential Coalition | ||
| Vincent Gregory Levy Counsel of Record | Holwell Shuster & Goldberg, LLP 425 Lexington Ave. 14th Floor New York, NY 10017 VLEVY@HSGLLP.COM | 646-837-5120 |
| Party name: United Nations High Commissioner For Refugees | ||
| Stephen William Miller Counsel of Record | HWG LLP 1919 M Street NW, Eighth Floor Washington, DC 20036 SMILLER@HWGLAW.COM | 2027301305 |
| Party name: U.S. Conference of Catholic Bishops & Catholic Legal Immigration Network, Inc. | ||
| Pratik Arvind Shah Counsel of Record | Akin Gump Strauss Hauer & Feld, LLP 2001 K Street N.W. Washington, DC 20006 PSHAH@AKINGUMP.COM | 202-887-4210 |
| Party name: Former CDC Officials | ||