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Docket for 20A150
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No. 20A150
 
Title: Texas, et al., Applicants
v.
Cook County, Illinois, et al.
Docketed: March 26, 2021
Lower Ct: United States Court of Appeals for the Seventh Circuit
   Case Numbers: (20-3150)
 
Proceedings and Orders
Mar 19 2021 Application (20A150) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
Main Document Proof of Service
Mar 26 2021 Response to application (20A150) requested by The Chief Justice, due Friday, April 9, 2021, by 5 p.m. ET.
Apr 09 2021 Response to application from respondents Illinois Coalition for Immigrant and Refugee Rights, et al. filed.
Main Document Proof of Service
Apr 09 2021 Response to application from respondents Alejandro N. Mayorkas, Secretary of Homeland Security, et al. filed.
Proof of Service Main Document
Apr 13 2021 Reply of applicants Texas, et al. filed.
Reply Proof of Service
Apr 26 2021 Application (20A150) referred to the Court.
Apr 26 2021 In 2019, the Department of Homeland Security promulgated through notice and comment a rule defining the term “public charge.” The District Court in this case vacated the rule nationwide, but that judgment was stayed pending DHS’s appeal to the United States Court of Appeals for the Seventh Circuit. On March 9, 2021, following the change in presidential administration, DHS voluntarily dismissed that appeal, thereby dissolving the stay of the District Court’s judgment. And on March 15, DHS relied on the District Court’s now-effective judgment to remove the challenged rule from the Code of Federal Regulations without going through notice and comment rulemaking. Shortly after DHS had voluntarily dismissed its appeal, a group of States sought leave to intervene in the Court of Appeals. When that request was denied, the States filed an application for leave to intervene in this Court and for a stay of the District Court’s judgment. The States argue that DHS has prevented enforcement of the rule while insulating the District Court’s judgment from review. The States also contend that DHS has rescinded the rule without following the requirements of the Administrative Procedure Act. We deny the application, without prejudice to the States raising these and other arguments before the District Court, whether in a motion for intervention or otherwise. After the District Court considers any such motion, the States may seek review, if necessary, in the Court of Appeals, and in a renewed application in this Court. Justice Barrett took no part in the consideration or decision of this application.
Attorneys
Attorneys for Petitioners
Judd Edward Stone II
Counsel of Record
Texas Attorney General's Office
P.O. Box 12548 (MC 059)
Austin, TX 78711-2548
judd.stone@oag.texas.gov
Ph: 512-936-1700
Party name: Texas, et al.


Attorneys for Respondents
Jessica Megan Scheller
Counsel of Record
Office of the Cook County State's Attorney
500 Richard J. Daley Center Place, 5th Floor
Chicago, IL 60602
jessica.scheller@cookcountyil.gov
Ph: 3126036934
Party name: Cook County, et al.


Tacy Fletcher Flint
Counsel of Record
Sidley Austin LLP
One South Dearborn Street
Chicago, IL 60603
tflint@sidley.com
Ph: (312) 853-7875
Party name: Illinois Coalition for Immigrant and Refugee Rights, Inc.


Brian H. Fletcher
Counsel of Record
Acting Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SupremeCtBriefs@USDOJ.gov
Ph: 202-514-2217
Party name: United States

 

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