No. 21-954
Joseph R. Biden, Jr., President of the United States, et al. v. Texas, et al.
Amici (24)
Experienced Counsel
Tags: administrative-discretion administrative-law agency-discretion border-policy due-process homeland-security immigration-law immigration-policy judicial-review statutory-interpretation
Key Terms:
AdministrativeLaw ERISA Securities Immigration JusticiabilityDoctri
AdministrativeLaw ERISA Securities Immigration JusticiabilityDoctri
Latest Conference:
2022-02-18
Question Presented (from Petition)
1. Whether 8 U.S.C. 1225 requires DHS to continue implementing MPP.
2. Whether the court of appeals erred by concluding that the Secretary's new decision terminating MPP had no legal effect.
Question Presented (AI Summary)
Whether 8 U.S.C. 1225 requires DHS to continue implementing MPP
Docket Entries
2022-08-01
JUDGMENT ISSUED
2022-06-30
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-954_7l48.pdf'>opinion</a> of the Court, in which Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Kavanaugh, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined as to all but the
first sentence.
2022-06-06
Letter from the Solicitor General providing update regarding statistical corrections to reports cited in their petition filed. (Distributed)
2022-05-13
Supplemental reply brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
2022-05-13
Supplemental reply brief for respondents Texas, et al. filed. (Distributed)
2022-05-09
Supplemental amicus curiae brief of Public Citizen filed. (Distributed)
2022-05-09
Supplemental amicus curiae brief of American Civil Liberties Union in support of neither party filed. (To Be Recovered) (Distributed)
2022-05-09
Supplemental amicus curiae brief of National Immigrant Justice Center filed. (Distributed)
2022-05-09
Supplemental amicus curiae brief of America First Legal Foundation filed. (Distributed)
2022-05-09
Supplemental amici curiae brief of Indiana, et al. filed. (Distributed)
2022-05-09
Supplemental brief of respondents Texas, et al. filed. (Distributed)
2022-05-09
Supplemental brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
2022-05-05
Supplemental amicus curiae brief of Immigration Reform Law Institute filed. (Distributed)
2022-05-02
The parties are directed to file supplemental briefs addressing the following questions: (1) Whether 8 U. S. C. §1252(f)(1) imposes any jurisdictional or remedial limitations on
the entry of injunctive relief, declaratory relief, or relief under 5 U. S. C. §706. (2) Whether such limitations are subject to forfeiture. (3) Whether this Court has jurisdiction to consider the merits of the questions presented in this case. The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 5 p.m., Monday, May 9, 2022. Amicus curiae briefs, not
to exceed 3,000 words, may be filed with the Clerk and served upon counsel on or before 5 p.m., Monday, May 9, 2022. Reply briefs, not to exceed 3,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 5 p.m.,
Friday, May 13, 2022.
2022-04-26
Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General,
Austin, Tex.
2022-04-25
Letter from the Solicitor General noting statistical corrections to reports cited in their petition filed. (Distributed)
2022-04-19
Reply of petitioner Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
2022-04-14
Brief amicus curiae of Advancing American Freedom filed. (Distributed)
2022-04-14
Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
2022-04-14
Brief amicus curiae of America First Legal Foundation filed. (Distributed)
2022-04-14
Brief amicus curiae of Landmark Legal Foundation filed. (Distributed)
2022-04-14
Brief amicus curiae of Advocates for Victims of Illegal Alien Crime filed. (Distributed)
2022-04-14
Brief amici curiae of Indiana, et al. filed. (Distributed)
2022-04-14
Brief amicus curiae of Center for Immigration Studies filed. (Distributed)
2022-04-07
Brief of respondent Texas filed. (Distributed)
2022-03-23
Record received from the U.S.D.C. Northern District of Texas (Amarillo) has been electronically filed.
2022-03-23
CIRCULATED
2022-03-23
Record from the U.S.C.A. 5th Circuit is electronic and located on PACER.
2022-03-21
Brief amici curiae of 25 Cities and Counties filed.
2022-03-21
Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
2022-03-21
Brief amici curiae of 61 Immigration Advocacy and Legal Service Organizations filed.
2022-03-21
Brief amici curiae of Administrative Law Professors filed.
2022-03-21
Brief amici curiae of The Border Project and the National Immigrant Justice Center filed.
2022-03-21
Brief amicus curiae of Center for Immigration Law and Policy, UCLA School of Law filed.
2022-03-21
Brief amici curiae of State of Illinois, et al. filed.
2022-03-21
Brief amici curiae of Former DHS Secretary Jeh C. Johnson and Former Ambassador to Mexico Roberta S. Jacobson filed.
2022-03-21
Brief amici curiae of Bipartisan Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service filed.
2022-03-18
Brief amicus curiae of Professor Benjamin Eidelson filed.
2022-03-18
Brief amicus curiae of Public Citizen filed.
2022-03-16
Record requested from the U.S.C.A. 5th Circuit.
2022-03-15
ARGUMENT SET FOR Tuesday, April 26, 2022.
2022-03-14
Joint appendix filed. (Statement of cost filed.)
2022-03-14
Brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed.
2022-03-14
Blanket Consent filed by Respondent, Texas
2022-03-08
Blanket Consent filed by Petitioner, Joseph R. Biden, Jr., President of the United States, et al.
2022-02-18
Petition GRANTED. The case will be set for argument in the second week of the April 2022 argument session. Petitioners' brief on the merits is to be filed on or before Monday, March 14, 2022. Respondents' brief on the merits is to be filed on or before Thursday, April 7, 2022. The reply brief is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, April 20, 2022.
2022-02-02
Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2022-01-28
Brief of respondents Texas, et al. in opposition filed.
2022-01-28
Waiver of the 14-day waiting period for distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
2022-01-19
Motion to extend the time to file a response DENIED.
2022-01-19
Response to motion to extend the time to file a response filed.
2022-01-18
Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.
2021-12-29
Petition for a writ of certiorari filed. (Response due January 28, 2022)
Attorneys
25 Cities and Counties
Daniel Ramsey Suvor — O'Melveny & Myers LLP, Amicus
61 Immigration Advocacy and Legal Service Organizations
Karen C. Tumlin — Justice Action Center, Amicus
Administrative Law Professors
Kathleen Roberta Hartnett — Cooley LLP, Amicus
Advancing American Freedom
Advocates for Victims of Illegal Alien Crime
Walter Stephen Zimolong III — Zimolong LLC, Amicus
America First Legal Foundation
American Civil Liberties Union
Bipartisan Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service
Center for Immigration Law and Policy, UCLA School of Law
Anjan Choudhury — Munger, Tolles & Olson LLP, Amicus
Center for Immigration Studies
Former DHS Secretary Jeh C. Johnson and Former Ambassador to Mexico Roberta S. Jacobson
Immigration Reform Law Institute
Joseph R. Biden, Jr., President of the United States, et al.
Elizabeth B. Prelogar — Solicitor General, Petitioner
Landmark Legal Foundation
Missouri
D. John Sauer — Office of the Attorney General, Respondent
National Immigrant Justice Center
Professor Benjamin Eidelson
Benjamin Micah Eidelson — Amicus
Public Citizen
State of Illinois, et al.
States of Indiana, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, and West Virginia
Thomas M. Fisher — Amicus
Texas
Judd Edward Stone II — Texas Attorney General's Office, Respondent
The Border Project and the National Immigrant Justice Center
Victoria Dorfman — Jones Day, Amicus
United States Conference of Catholic Bishops, et al.