No. 22A544
Title:Arizona, et al., Applicants
Alejandro Mayorkas, Secretary of Homeland Security
Docketed:December 19, 2022
Linked with 22-592
Lower Ct:United States Court of Appeals for the District of Columbia Circuit
   Case Numbers:(22-5325)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Dec 19 2022Application (22A544) for a stay, submitted to The Chief Justice.
Main DocumentOtherProof of Service
Dec 19 2022Upon 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 2022Federal Respondents' Opposition to the Application For A Stay Pending Certiorari filed.
Proof of ServiceMain Document
Dec 20 2022Response to application from respondent Nancy Gimena Huisha-Huisha, et al., filed.
Main DocumentProof of Service
Dec 20 2022Motion for leave to file and brief of amicus curiae filed by Immigration Reform Law Institute.
Main Document
Dec 21 2022Reply of applicant Arizona, et al. filed.
ReplyProof of Service
Dec 27 2022Application (22A544) referred to the Court.
Dec 27 2022Application (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)

Attorneys for Petitioners
Elizabeth Baker Murrill
    Counsel of Record
Office of the Attorney General
1885 N. Third Street
Baton Rouge, LA 70802
Party name: States of Arizona, Louisiana, Missouri, et al.
Attorneys for Respondents
Lee Gelernt
    Counsel of Record
American Civil Liberties Union
125 Broad St.
New York, NY 10004-2400
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
Party name: united states
Christopher J. Hajec
    Counsel of Record
Immigration Reform Law Institute
25 Massachusetts Avenue NW, Suite 335
Washington, DC 20001
Party name: Immigration Reform Law Institute