United States v. Texas
Docket No.
21-588
Granted:
October 22, 2021
Argued:
November 1, 2021
Decided:
December 10, 2021
Materials
| JUDGMENT ISSUED. |
| 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. |
| The application to vacate stay 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. See No. 21-588. |
| 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. |
| 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. |
| Reply brief of private respondents filed. (Distributed) |
| Consolidated reply brief of state respondents filed (also in 21-463). VIDED.(Distributed) |
| Reply brief of petitioner United States filed.(Distributed) |
| Consolidated reply brief of state respondents filed (also in 21-463). VIDED. (Distributed) |
| Reply brief of petitioner United States filed. (Distributed) |
| Reply brief of petitioner United States filed. |
| Consolidated reply brief of state respondents filed (also in 21-463). VIDED. |
| Amicus of The Rogers Group not accepted for filing. (October 29, 2021) |
| Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction) |
| Brief amici curiae of Legal Scholars Leah Litman, et al. filed. (Distributed) |
| Brief amicus curiae of Blanca Telephone Company in support of neither party filed. |
| Brief amici curiae of Indiana, et al. filed. (Distributed) |
| Brief amicus curiae of Texas Medical Association filed. |
| Brief amicus curiae of American Bar Association filed. (Distributed) |
| Brief amici curiae of Massachusetts, et al. filed (also in 21-463). VIDED. (Distributed) |
| Brief of petitioner United States filed. (Distributed) |
| Consolidated brief of state respondents filed (also in 21-463). VIDED. (Distributed) |
| Brief of private respondents filed. (Distributed) |
| Brief amici curiae of Local Governments filed (also in 21-463). VIDED. (Distributed) |
| Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
| Brief amici curiae of Legal Scholars filed (also in 21-463). VIDED. (Distributed) |
| Main document of The Rogers Group not accepted for filing. (October 29, 2021) |
| Record on appeal available on PACER. The USDC, W. District of Texas - transcript of October 1, 2021 hearing electronically received. |
| Brief amicus curiae of David Boyle filed. (Distributed) |
| Brief amicus curiae of Blanca Telephone Company in support of neither party filed. (Distributed) |
| Brief amici curiae of 410 Texas Women Injured By Abortion, et al. filed. (Distributed) |
| Brief amicus curiae of Texas Medical Association filed. (Distributed) |
| Brief amicus curiae of American Center for Law and Justice filed (also in 21-463). VIDED. (Distributed) |
| Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-463). VIDED. (Distributed) |
| Brief amicus curiae of David Boyle filed. |
| Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-463). VIDED. (Distributed) |
| Brief amici curiae of Planned Parenthood of Greater Texas Surgical Health Services, et al. filed. (Distributed) |
| Motion for divided argument filed by respondents GRANTED. |
| Brief amici curiae of Leading Medical Organizations filed (also in 21-463). VIDED. (Distributed) |
| Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-463). VIDED. (Distributed) |
| 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). |
| Blanket Consent filed by Petitioner, United States |
| Motion for divided argument filed by respondents. |
| Blanket Consent filed by Respondent, Texas |
| Application (21A85) referred to the Court. |
| Reply of applicant United States filed. |
| Consideration of the application (21A85) to vacate stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. Justice Sotomayor, concurring in part and dissenting in part. (Detached opinion) |
| ARGUMENT SET FOR Monday, November 1, 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) |
| The application (No. 21A85) is treated as a petition for a writ of certiorari before judgment, 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) |
| Response to application from Erick Graham, et al. filed. |
| Response to application from respondent Texas filed. |
| 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. |
| 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. |
| Motion for leave to file amicus brief filed by Texas Medical Association. |
| Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars. |
| Motion for leave to file amicus brief filed by Constitutional Accountability Center. |
| Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Medical Organizations. |
| Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al. |
| Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al. |
| Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET. |
| Petition for a writ of certiorari before judgment filed. (Response due November 22, 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. |
| Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al. |
| Application (21A85) to vacate stay, submitted to Justice Alito. |
| Petition for a writ of certiorari before judgment filed. (Response due November 22, 2021) |
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