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Docket for 21-588
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Search documents in this case:
No. 21-588
 
Title: United States, Petitioner
v.
Texas, et al.
Docketed: October 22, 2021
Linked with: 21A85
Lower Ct: United States Court of Appeals for the Fifth Circuit
   Case Numbers: (21-50949)
   Decision Date: October 14, 2021
Questions Presented
 
Proceedings and Orders
Oct 18 2021 Application (21A85) to vacate stay, submitted to Justice Alito.
Main Document Proof of Service Other
Oct 18 2021 Petition for a writ of certiorari before judgment filed. (Response due November 22, 2021)
Petition Other Proof of Service
Oct 18 2021 Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.
Oct 18 2021 Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Massachusetts, et al.
Main Document Other Other
Oct 18 2021 Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al.
Main Document Proof of Service Other Proof of Service
Oct 19 2021 Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars.
Main Document Proof of Service Other
Oct 19 2021 Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Medical Organizations.
Main Document Other Proof of Service
Oct 19 2021 Motion for leave to file amicus brief filed by Constitutional Accountability Center.
Main Document Other Proof of Service
Oct 19 2021 Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al.
Main Document Proof of Service Other
Oct 19 2021 Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al.
Main Document Proof of Service Other
Oct 20 2021 Motion for leave to file amicus brief filed by Texas Medical Association.
Main Document Proof of Service Other
Oct 20 2021 Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Human Coalition, et al.
Main Document Other Proof of Service Other
Oct 21 2021 Response to application from respondent Texas filed.
Main Document Proof of Service
Oct 21 2021 Response to application from Erick Graham, et al. filed.
Main Document
Oct 21 2021 Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Indiana, et al.
Main Document Other Proof of Service
Oct 22 2021 Reply of applicant United States filed.
Reply Proof of Service
Oct 22 2021 Application (21A85) referred to the Court.
Oct 22 2021 Consideration of the application (21A85) to vacate stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The application is treated as a petition for a writ of certiorari before judgment (No. 21-588), and the petition is granted limited to the following question: May the United States bring suit in federal court and obtain injunctive or declaratory relief against the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced. The briefs of the parties in No. 21-588, limited to 13,000 words, are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Reply briefs, if any, limited to 6,000 words, are to be filed electronically on or before 5 p.m., Friday, October 29, 2021. Any amicus curiae briefs are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Booklet format briefs prepared in compliance with Rule 33.1 shall be submitted as soon as possible thereafter. The parties are not required to file a joint appendix. The case is set for oral argument on Monday, November 1, 2021. Justice Sotomayor, concurring in part and dissenting in part. (Detached opinion)
Oct 22 2021 ARGUMENT SET FOR Monday, November 1, 2021.
Oct 23 2021 Blanket Consent filed by Respondent, Texas
Blanket Consent
Oct 25 2021 Motion for divided argument filed by respondents.
Main Document Proof of Service
Oct 25 2021 Blanket Consent filed by Petitioner, United States
Blanket Consent
Oct 26 2021 Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-463). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 26 2021 Brief amici curiae of Leading Medical Organizations filed (also in 21-463). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 26 2021 Motion for divided argument filed by respondents GRANTED.
Oct 26 2021 In lieu of filing separate briefs in both No. 21-463 and No. 21-588 (21A85), the state respondents may file a single opening brief, limited to 20,000 words, and a single reply brief, limited to 9,000 words. (Also in 21-463).
Oct 27 2021 Brief of petitioner United States filed. (Distributed)
Certificate of Word Count Main Document
Oct 27 2021 Consolidated brief of state respondents filed (also in 21-463). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief of private respondents filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Oct 27 2021 Brief amicus curiae of American Bar Association filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amici curiae of Legal Scholars filed (also in 21-463). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amici curiae of Massachusetts, et al. filed (also in 21-463). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amici curiae of Legal Scholars Leah Litman, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction)
Oct 27 2021 Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction)
Oct 27 2021 Brief amicus curiae of Texas Medical Association filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amici curiae of Indiana, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amicus curiae of Blanca Telephone Company in support of neither party filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amici curiae of Local Governments filed (also in 21-463). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amici curiae of 410 Texas Women Injured By Abortion, et al. filed. (Distributed)
Main Document Other Certificate of Word Count Proof of Service
Oct 27 2021 Brief amicus curiae of David Boyle filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amicus curiae of American Center for Law and Justice filed (also in 21-463). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-463). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amici curiae of Planned Parenthood of Greater Texas Surgical Health Services, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-463). VIDED. (Distributed)
Main Document Proof of Service Certificate of Word Count
Oct 27 2021 Main document of The Rogers Group not accepted for filing. (October 29, 2021)
Oct 27 2021 Record on appeal available on PACER. The USDC, W. District of Texas - transcript of October 1, 2021 hearing electronically received.
Oct 28 2021 Amicus of The Rogers Group not accepted for filing. (October 29, 2021)
Oct 29 2021 Reply brief of petitioner United States filed. (Distributed)
Proof of Service Main Document
Oct 29 2021 Consolidated reply brief of state respondents filed (also in 21-463). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 29 2021 Reply brief of private respondents filed. (Distributed)
Main Document Certificate of Word Count
Nov 01 2021 21-588 (21A85) Argued. For petitioner: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For state respondent: Judd E. Stone, II, Solicitor General, Austin, Tex. For private respondents: Jonathan F. Mitchell, Austin, Tex.
Dec 10 2021 Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam. The application to vacate stay (21A85) presented to Justice Alito and by him referred to the Court is denied. Justice Sotomayor would grant the application to vacate stay in No. 21A85 and dissents from the dismissal of No. 21-588 as improvidently granted.
Jan 11 2022 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Elizabeth B. Prelogar
Counsel of Record
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


Attorneys for Respondents
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


Jonathan F. Mitchell
Mitchell Law PLLC
111 Congress Avenue
Suite 400
Austin, TX 78701
jonathan@mitchell.law
Ph: (512) 686-3940
Party name: private respondents


Other Attorneys
David Christopher Boyle
Counsel of Record
PO Box 15143
Long Beach, CA 90815
dbo@boyleslaw.org
Ph: (734)-904-6132
Party name: David Boyle


Thomas M. Fisher
Counsel of Record
Office of the Indiana Attorney General
IGC South, Fifth Floor
302 W. Washington
Indianapolis, IN 46204
tom.fisher@atg.in.gov
Ph: 317-232-6255
Party name: Indiana, et al.


Brianne Jenna Gorod
Counsel of Record
Constitutional Accountability Center
1200 18th Street, NW
Suite 501
Washington, DC 20036
brianne@theusconstitution.org
Ph: 202-296-6889
Party name: Constitutional Accountability Center


Amanda Stephanie Hainsworth
Counsel of Record
Office of the Massachusetts Attorney General
1 Ashburton Place
Boston, MA 02108
amanda.hainsworth@mass.gov
Ph: 617-963-2618
Party name: Massachusetts, et al.


John P. Mastando III
Counsel of Record
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
john.mastando@weil.com
Ph: (212) 310-8000
Party name: 128 Current and Former Prosecutors and Law Enforcement Leaders, et al.


Alison Beth Miller
Counsel of Record
Holwell Shuster and Goldberg
425 Lexington Avenue, 14th Floor
New York, NY 10017
amiller@hsgllp.com
Ph: (646) 837-8559
Party name: Legal Scholars


Jonathan B. Miller
Counsel of Record
Public Rights Project
4096 Piedmont Avenue, #149
Oakland, CA 94611
jon@publicrightsproject.org
Ph: 6468316113
Party name: Local Governments


Allan E. Parker Jr.
Counsel of Record
The Justice Foundation
8023 Vantage Dr.
Suite 1275
San Antonio, TX 78230
parker4justice@gmail.com
Ph: 2106147157
Party name: 410 Texas Women Injured By Abortion, et al.


Mark Leonard Rienzi
Counsel of Record
The Becket Fund for Religious Liberty
1919 Pennsylvania Avenue NW
Suite 400
Washington, DC 20006
mrienzi@becketlaw.org
Ph: (202) 955-0095
Party name: The Becket Fund for Religious Liberty


Alan Evan Schoenfeld
Counsel of Record
Wilmer, Cutler, Pickering, Hale and Dorr, LLP
7 World Trade Center, 250 World Trade Center
New York, NY 10007
alan.schoenfeld@wilmerhale.com
Ph: (212)-937-7294
Party name: Planned Parenthood of Greater Texas Surgical Health Services, et al.


Jay Alan Sekulow
Counsel of Record
American Center for Law and Justice
American Center for Law and Justice
201 Maryland Avenue, N.E.
Washington, DC 20002
sekulow@aclj.org
Ph: 2025468890
Party name: American Center for Law and Justice


Shannon Rose Selden
Counsel of Record
Debevoise & Plimpton LLP
919 3rd Avenue
New York, NY 10022
srselden@debevoise.com
Ph: 212-909-6000
Party name: Leading Medical Organizations


Catherine Wynne Short
Counsel of Record
Life Legal Defense Foundation
P.O. Box 2105
Napa, CA 94558
kshort@lldf.org
Ph: (707) 224-6675
Party name: Life Legal Defense Foundation


Reginald M. Turner Jr.
Counsel of Record
American Bar Association
321 North Clark Street
Chicao, IL 60654
abapresident@americanbar.org
Ph: 312-988-5000
Party name: American Bar Association


Timothy Edward Welch
Counsel of Record
Hill & Welch
1116 Heartfields Drive
Silver Spring, MD 20904
welchlaw@earthlink.net
Ph: 2023211448
Party name: Blanca Telephone Company


Donald P. Wilcox
Counsel of Record
Texas Medical Assoc.
401 West 15th Street
10th Floor
Austin, TX 78701
rocky.wilcox@texmed.org
Ph: 5123701336
Party name: Texas Medical Association


Sonya Diane Winner
Counsel of Record
Covington & Burling
Salesforce Tower
415 Mission Street, Suite 5400
San Francisco, CA 94105-2533
swinner@cov.com
Ph: 4155917072
Party name: Legal Scholars Leah Litman, Erwin Chemerinsky, Michael C. Dorf, and Barry Friedman

 

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