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Docket for 22-592
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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
 
Proceedings and Orders
Dec 19 2022 Application (22A544) for a stay, submitted to The Chief Justice.
Main Document Other Proof 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 Service Main Document
Dec 20 2022 Response to application from respondent Nancy Gimena Huisha-Huisha, et al., filed.
Main Document Proof 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.
Reply Proof 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.
Main Document Certificate of Word Count Certificate of Word Count
Jan 18 2023 Joint appendix filed. (Statement of costs filed)
Main Document Proof of Service
Jan 20 2023 Brief amicus curiae of Immigration Reform Law Institute filed.
Certificate of Word Count Proof of Service
Jan 20 2023 Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition filed.
Main Document Certificate of Word Count Proof of Service
Jan 30 2023 CIRCULATED
Feb 03 2023 Brief amicus curiae of The Protect Democracy Project filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Feb 07 2023 Brief of respondents Nancy Gimena Huisha-Huisha, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Feb 07 2023 Brief of Federal Respondents filed. (Distributed)
Main Document Proof of Service
Feb 09 2023 Brief amici curiae of 60 Immigration Advocacy, Human Rights, and Legal Services Organizations filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Feb 09 2023 Brief amicus curiae of Former CDC Officials filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Feb 09 2023 Brief amicus curiae of United Nations High Commissioner For Refugees filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Feb 09 2023 Brief amici curiae of U.S. Conference of Catholic Bishops & Catholic Legal Immigration Network, Inc. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Feb 09 2023 Brief amici curiae of Scholars of Federal Civil Procedure filed. (Distributed)
Main Document Other Certificate of Word Count Proof 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 Document Certificate of Word Count Proof of Service
Feb 14 2023 Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General.
Main Document Proof of Service
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 Document Certificate of Word Count Proof 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)
Main Document
May 16 2023 Letter of petitioners Arizona, et al. in response filed. (Distributed)
Main Document Other
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)
Jun 20 2023 Judgment issued.
Main Document
Attorneys
Attorneys for Petitioners
Drew Curtis Ensign
Counsel of Record
Ensign Law Group
202 E. Earll Drive
Suite 425
Phoenix, AZ 85004
drewensignlaw@gmail.com
Ph: 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
Ph: 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
Ph: 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
Ph: 202-514-2217
Party name: Mayorkas, Alejandro, et al.


Other Attorneys
Anastasia Paulinna Boden
Counsel of Record
Cato Institute
1000 Massachusetts Ave. NW
Washington, DC 20001
aboden@cato.org
Ph: 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
Ph: 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
Ph: (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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 202-887-4210
Party name: Former CDC Officials

 

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