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Docket for 22-58

	Search documents in this case:
No. 22-58
Title:	United States, et al., Petitioners v. Texas, et al.
Docketed:	July 21, 2022
Linked with 22A17
Lower Ct:	United States Court of Appeals for the Fifth Circuit
Case Numbers:	(22-40367)
Decision Date:
Rehearing Denied:
Discretionary Court Decision Date:

Questions Presented

Date	Proceedings and Orders
Jul 08 2022	Application (22A17) for a stay, submitted to Justice Alito.
	Main Document Lower Court Orders/Opinions Proof of Service
Jul 08 2022	Petition for a writ of certiorari before judgment filed.

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.

Aug 19 2022	Motion for an extension of time to file the briefs on the merits filed.
	Main Document
Aug 23 2022	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 12, 2022. The time to file respondents' brief on the merits is extended to and including October 18, 2022.

Sep 08 2022	Blanket Consent filed by Respondent, Texas, et al.
	Blanket Consent
Sep 12 2022	Brief of petitioners United States, et al. filed.
	Main Document Certificate of Word Count
Sep 12 2022	Joint appendix filed.
	Main Document Proof of Service
Sep 13 2022	Blanket Consent filed by Petitioner, United States, et al.
	Blanket Consent
Sep 16 2022	Brief amici curiae of Immigrant and Civil Rights Organizations, et al. filed.
	Main Document Certificate of Word Count Proof of Service
Sep 19 2022	Brief amici curiae of Administrative Law Professors filed.
	Main Document Proof of Service Certificate of Word Count
Sep 19 2022	Amicus brief of Stephen I. Vladeck not accepted for filing. (Corrected version to be submitted - September 21, 2022).

Sep 19 2022	Brief amicus curiae of Stephen I. Vladeck filed. (Sept. 23, 2022)
	Main Document Certificate of Word Count Proof of Service
Sep 19 2022	Brief amici curiae of New York, et al. filed.
	Main Document Certificate of Word Count Proof of Service
Sep 19 2022	Brief amici curiae of 21 Cities, Counties, and Local Government Organizations filed.
	Main Document Certificate of Word Count Proof of Service
Sep 19 2022	Brief amici curiae of Former Officials of the Department of Homeland Security, et al. filed.
	Main Document Certificate of Word Count Proof of Service
Sep 19 2022	Brief amici curiae of The American Civil Liberties Union, et al. filed.
	Main Document Proof of Service Certificate of Word Count
Sep 19 2022	Brief amici curiae of National Immigrant Justice Center, et al. filed.
	Main Document Certificate of Word Count Proof of Service
Sep 19 2022	Brief amicus curiae of Public Citizen filed.
	Main Document Certificate of Word Count Proof of Service
Oct 18 2022	SET FOR ARGUMENT on Tuesday, November 29, 2022.

Oct 18 2022	Brief of respondents Texas, et al. filed.
	Main Document Certificate of Word Count Proof of Service
Oct 24 2022	Motion for leave to intervene filed by Sheriff Brad Coe, et al.
	Main Document Other Proof of Service Other
Oct 25 2022	Brief amicus curiae of Florida filed. (Distributed)
	Main Document Certificate of Word Count Proof of Service
Oct 25 2022	Brief of Texas Sheriffs and Counties and the Federal Police Foundation, ICE Officers Division, as Movants for Intervention Or, Alternatively, as Amici Curiae in Support of Respondents and Affirmance of Sheriff Brad Coe, et al. not accepted for filing. (October 27, 2022--Corrected brief as amici curiae to be submitted.)

Oct 25 2022	Brief amici curiae of Texas Sheriffs, et al. filed.(Distributed)
	Main Document Certificate of Word Count Proof of Service
Oct 25 2022	CIRCULATED.

Oct 25 2022	Brief amicus curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. (Distributed)
	Main Document Certificate of Word Count Proof of Service
Oct 25 2022	Brief amici curiae of Arizona, et al. filed. (Distributed)
	Main Document Certificate of Word Count Proof of Service
Oct 28 2022	Record requested from the U.S.C.A. 5th Circuit.

Oct 28 2022	Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.

Nov 02 2022	Motion DISTRIBUTED for Conference of 11/18/2022.

Nov 03 2022	Response in opposition to motion for leave to intervene from petitioners United States, et al. filed. (Distributed)
	Proof of Service Main Document
Nov 15 2022	Reply on motion to intervene of Sheriff Brad Coe, et al. filed. (Distributed)
	Main Document Other Proof of Service
Nov 17 2022	Reply of petitioners United States, et al. filed. (Distributed)
	Main Document Proof of Service
Nov 21 2022	Motion for leave to intervene filed by Sheriff Brad Coe, et al. DENIED.

Nov 29 2022	Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.

Jan 09 2023	Record received from U.S.D.C.-Southern District of Texas (three CDs).

Jun 23 2023	Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas and Barrett, JJ., joined. Barrett, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Alito, J., filed a dissenting opinion.

Jul 03 2023	Record returned to U.S.D.C.-Southern District of Texas (three CDs).

Jul 25 2023	Judgment issued.

Jul 31 2023	Amended judgment issued.
	Main Document

NAME	ADDRESS	PHONE
Attorneys for Petitioners
Elizabeth B. Prelogar Counsel of Record	United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV	202-514-2217
Party name: United States, et al.
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	512-936-1700
Party name: Texas, et al.
Other
Drew Curtis Ensign Counsel of Record	Office of the Attorney General 2005 N. Central Avenue Phoenix, AZ 85004 drew.ensign@azag.gov	602-542-5025
Party name: States of Arizona, Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, West Virginia, and Wyoming
Adam Scott Gershenson Counsel of Record	Cooley LLP 500 Boylston Street, 14th Floor Boston, MA 02116 agershenson@cooley.com	(617) 937-2379
Party name: Administrative Law Professors
Brianne Jenna Gorod Counsel of Record	Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org	202 296 6889
Party name: Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service
Christopher J. Hajec Counsel of Record	Immigration Reform Law Institute 25 Massachusetts Avenue NW, Suite 335 Washington, DC 20001 chajec@irli.org	202-232-5590
Party name: Texas Sheriffs, et al.
Lindsay C. Harrison Counsel of Record	Jenner & Block, LLP 1099 New York Avenue, NW Suite 900 Washington, DC 20001 LHarrison@jenner.com	(202)-639-6000
Party name: Stephen I. Vladeck
William Jeffrey Olson Counsel of Record	William J. Olson, P.C. 370 Maple Ave. W., Suite 4 Vienna, VA 22180 wjo@mindspring.com	7033565070
Party name: Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC
Charles G. Roth Counsel of Record	National Immigration Justice Center 224 S. Michigan Ave., Ste. 600 Chicago, IL 60604 croth@heartlandalliance.org	3126601613
Party name: National Immigrant Justice Center, American Gateways, API-GBV, Tahirih Justice Center
Sirine Shebaya Counsel of Record	National Immigration Project (NIPNLG) 2201 Wisconsin Ave NW Suite 200 Washington, DC 20007 sirine@nipnlg.org	(202) 656-4788
Party name: Immigrant and Civil Rights Organizations, et al.
Daniel Ramsey Suvor Counsel of Record	O'Melveny & Myers LLP 400 So. Hope Street Los Angeles, CA 90071 dsuvor@omm.com	213-430-6000
Party name: 21 Cities, Counties, and Local Government Organizations
Barbara Dale Underwood Counsel of Record	Solicitor General Office of the Attorney General 28 Liberty Street New York, NY 10005-1400 Barbara.underwood@ag.ny.gov	212-416-8016
Party name: New York, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington, and the District of Columbia
Henry Charles Whitaker Counsel of Record	Florida Office of the Attorney General PL-01 The Capitol Tallahassee, FL 32399-1050 henry.whitaker@myfloridalegal.com	8504143688
Party name: State of Florida
Cody Hirt Wofsy Counsel of Record	American Civil Liberties Union Foundation 39 Drumm St. San Francisco, CA 94111 cwofsy@aclu.org	415-343-0785
Party name: The American Civil Liberties Union, ACLU of Texas, American Immigration Lawyers Association
Allison M. Zieve Counsel of Record	Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009 azieve@citizen.org	202-588-1000
Party name: Public Citizen