Arizona v. Mayorkas
Docket No.
22-592
Granted:
December 27, 2022
Decided:
May 18, 2023
Materials
| Judgment issued. |
| 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) |
| Letter of State Petitioners of Arizona, et al. submitted. |
| Letter of petitioners Arizona, et al. in response filed. (Distributed) |
| Letter from the Solicitor General dated May 12, 2023 filed. (Distributed) |
| Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General GRANTED. |
| Reply of Arizona, et al. submitted. |
| Reply of petitioners Arizona, et al. filed. (Distributed) |
| The case is REMOVED from the February 2023 argument calendar. |
| Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General. |
| Brief amici curiae of 60 Immigration Advocacy, Human Rights, and Legal Services Organizations filed. (Distributed) |
| Amicus brief of 60 Immigration Advocacy, Human Rights, and Legal Services Organizations submitted. |
| Amicus brief of Cato Institute submitted. |
| Amicus brief of Former CDC Officials submitted. |
| Amicus brief of Scholars of Federal Civil Procedure submitted. |
| Amicus brief of United Nations High Commissioner For Refugees submitted. |
| Amicus brief of U.S. Conference of Catholic Bishops & Catholic Legal Immigration Network, Inc. submitted. |
| Brief amici curiae of U.S. Conference of Catholic Bishops & Catholic Legal Immigration Network, Inc. filed. (Distributed) |
| Brief amicus curiae of Cato Institute filed. (Feb. 13, 2023) (Distributed) |
| Brief amicus curiae of Former CDC Officials filed. (Distributed) |
| Brief amicus curiae of Cato Institute filed. (February 13, 2023 - enlarged copies of pp. 8 & 10 graphs included.) (Distributed) |
| Brief amici curiae of Scholars of Federal Civil Procedure filed. (Distributed) |
| Brief amicus curiae of United Nations High Commissioner For Refugees filed. (Distributed) |
| Brief of respondents Nancy Gimena Huisha-Huisha, et al. filed. (Distributed) |
| Brief of Nancy Gimena Huisha-Huisha, et al. submitted. |
| Brief of Federal Respondents filed. (Distributed) |
| Brief of Mayorkas, Alejandro, et al. submitted. |
| Amicus brief of The Protect Democracy Project submitted. |
| Brief amicus curiae of The Protect Democracy Project filed. (Distributed) |
| CIRCULATED |
| Brief amicus curiae of Immigration Reform Law Institute filed. |
| Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition filed. |
| Joint Appendix submitted. |
| Brief of Arizona, et al. submitted. |
| Brief of petitioners Arizona, et al. filed. |
| Joint appendix filed. |
| Joint appendix filed. (Statement of costs filed) |
| The record for the U.S.C.A.-D.C. Circuit is available on PACER. |
| The record for the U.S.D.C.-D.C. is available on PACER. |
| Record requested from U.S.C.A.-D.C. Circuit. |
| SET FOR ARGUMENT on Wednesday, March 1, 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. |
| Petition GRANTED. |
| Application (22A544) referred to the Court. |
| 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) |
| Reply of applicant Arizona, et al. filed. |
| Federal Respondents' Opposition to the Application For A Stay Pending Certiorari filed. |
| Response to application from respondent Nancy Gimena Huisha-Huisha, et al., filed. |
| Motion for leave to file and brief of amicus curiae filed by Immigration Reform Law Institute. |
| Petition for a writ of certiorari filed. (See order of December 27, 2022). |
| Petition for a writ of certiorari filed. (Response due January 26, 2023) |
| 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). |
| Application (22A544) for a stay, submitted to The Chief Justice. |
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