| No. 22A17 |
|
| Title: |
United States, et al., Applicants v. Texas, et al. |
| Docketed: | July 8, 2022 |
| Linked with: | 22-58 |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (22-40367) |
| Jul 08 2022 | Application (22A17) for a stay, submitted to Justice Alito. Main Document Lower Court Orders/Opinions Proof of Service |
| Jul 08 2022 | Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022. |
| Jul 13 2022 | Response to application from respondents Texas, et al. filed. Main Document Proof of Service |
| Jul 13 2022 | Motion for leave to file amicus brief filed by Arizona, Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Kentucky, Indiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming. Main Document Proof of Service |
| Jul 13 2022 | Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck. Main Document Proof of Service |
| Jul 13 2022 | Motion for leave to file amicus brief filed by Immigration Reform Law Institute. Main Document |
| Jul 14 2022 | Reply of applicants United States, et al. filed. Proof of Service Reply |
| Jul 21 2022 | Application (22A17) referred to the Court. |
| Jul 21 2022 | Application (22A17) denied by the Court. The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; 2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2).
The case will be set for argument in the first week of the December 2022 argument session.
Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would grant the application for stay. |