United States v. Texas

Docket No.	Argument	Opinion	Vote	Author	Term
15-674	Apr 18, 2016	Apr 28, 2025	4-4	Per Curiam	OT 2015

Issue: (1) Whether a state that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA) to challenge the Secretary of Homeland Security"s guidance seeking to establish a process for considering deferred action for certain aliens because it will lead to more aliens having deferred action; (2) whether the guidance is arbitrary and capricious or otherwise not in accordance with law; (3) whether the guidance was subject to the APA"s notice-and-comment procedures; and (4) whether the guidance violates the Take Care Clause of the Constitution, Article II, section 3.

Judgment: Affirmed by an equally divided Court in a per curiam opinion on April 28, 2025.

SCOTUSblog Coverage

Academic highlight: The debate over nationwide injunctions (Amanda Frost, February 1, 2018)
Academic highlight: Bray on reforming the national injunction (Amanda Frost, November 23, 2016)
Justices issue additional orders from September 26 conference (Update) (Amy Howe, October 3, 2016)
Symposium: Second thoughts on standing (Amanda Frost, June 24, 2016)
Symposium: Obamas executive abuses harm chances for immigration reform (Ilya Shapiro, June 24, 2016)
Symposium: United States v. Texas and the future of state-federal litigation (Ernest Young, June 24, 2016)
Symposium: The immigration punt (Zachary Price, June 24, 2016)
Symposium: Tripped up by a tie vote (Jonathan Adler, June 24, 2016)
Symposium: From here, where to? (Gabriel Chin, June 23, 2016)
Symposium: A meditation on history, law, and loss (Shoba Sivaprasad Wadhia, June 23, 2016)
Opinion analysis: Obama immigration plan all but doomed (Lyle Denniston, June 23, 2016)
Symposium: A non-decision with teeth (Cecillia Wang, June 23, 2016)
Judge in immigration case eases order (Lyle Denniston, June 7, 2016)
Judge in immigration case issues sweeping new order (Lyle Denniston, May 20, 2016)
A view from the Court: Status pending (Mark Walsh, April 19, 2016)
Argument analysis: Search for a fifth vote on immigration (Lyle Denniston, April 18, 2016)
Academic highlight: State standing and United States v. Texas (Amanda Frost, April 14, 2016)
Argument preview: A big, or not so big, ruling due on immigration (UPDATED) (Lyle Denniston, April 11, 2016)
Longer argument set on immigration policy (Lyle Denniston, April 8, 2016)
Symposium: Barack Obama is not king (John Eastman, February 11, 2016)
Symposium: United States v. Texas The road to perpetual immigration gridlock? (Kevin Johnson, February 11, 2016)
Symposium: Back to immigration basics Why the DAPA/DACA case is simpler than it seems (Melissa Crow, February 10, 2016)
Symposium: The governments violation of the APAs notice-and-comment requirements provides a simple solution to a thorny case (Richard Samp, February 10, 2016)
Symposium: Why its time to unfreeze DAPA (Brianne Gorod, February 9, 2016)
Symposium: Why United States v. Texas is the most important case the Court will decide this year (Dan Stein, February 9, 2016)
Symposium: Unable to show harm, can Texas employ the Court as a political referee? (Anne Egeler, February 8, 2016)
Symposium: Constitutional limits of presidential power changing the law or enforcing it (Jay Sekulow, February 8, 2016)
The immigration case, made simple (Lyle Denniston, February 5, 2016)
Court will review Obama administrations immigration policy: In Plain English (Amy Howe, January 19, 2016)
Immigration policy: Review and decision this Term (Lyle Denniston, January 19, 2016)
No action on immigration; McDonnell gets hearing (Lyle Denniston, January 15, 2016)
States want wider immigration review, if Court takes case (FURTHER UPDATE) (Lyle Denniston, December 29, 2015)
States get a bit more time for immigration reply (Lyle Denniston, December 1, 2015)

Date	Proceedings and Orders (key to color coding)
11/20/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, provided that any amicus brief in support of petitioners is filed on or before December 4, 2015, received from counsel for the petitioner.
11/20/2015	Petition for a writ of certiorari filed. (Response due December 21, 2015)
11/20/2015	Appendix of United States, et al. filed.
11/20/2015	Consent to the filing of amicus curiae briefs in support of either or of neither party received from counsel for the Federal petitioners.
11/23/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Jane Does.
11/30/2015	Brief amici curiae of Bipartisan Former Members of Congress filed.
11/30/2015	Brief amici curiae of American Immigration Council, et al. filed.
11/30/2015	Brief amici curiae of Major Cities Chiefs Association, et al. filed.
12/01/2015	Order extending time to file response to petition to and including December 29, 2015.
12/03/2015	Brief amici curiae of 184 Members of the U.S. House of Representatives and 34 Members of the U.S. Senate filed.
12/03/2015	Brief amici curiae of Washington, et al. filed.
12/04/2015	Brief of Intervenors-respondents Jane Does in support filed.
12/04/2015	Brief amici curiae of Former Federal Immigration and Homeland Security Officials filed.
12/04/2015	Brief amici curiae of Mayors of New York, et al. filed.
12/04/2015	Brief amicus curiae of Minkwon Center for Community Action filed.
12/17/2015	Brief amicus curiae of American Unity Legal Defense Fund filed.
12/17/2015	Brief amici curiae of Save Jobs USA and Washington Alliance of Technology Workers filed.
12/29/2015	Brief of respondents Texas, et al. in opposition filed.
12/30/2015	DISTRIBUTED for Conference of January 15, 2016.
01/05/2016	Reply of petitioners United States, et al. filed. (Distributed)
01/19/2016	Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether the Guidance violates the Take Care Clause of the Constitution, Art. II, Sec.3.
02/05/2016	Joint Application (15A827) to exceed the word limitations, submitted to Justice Scalia.
02/09/2016	Application (15A827) granted by Justice Scalia joint application to exceed the word limitations. The word limit for petitioners and the respondent States to file their opening briefs on the merits is enlarged to 20,000 words each. The word limit for petitioners to file a reply brief on the merits is enlarged to 8,000 words.
02/22/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Jane Does, Intervenors.
03/01/2016	Brief of petitioners United States, et al. filed.
03/01/2016	Joint appendix filed. (2 Volumes) (Statement of cost filed.)
03/01/2016	Brief of Intervenors-respondents Jane Does in support filed.
03/02/2016	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioners.
03/04/2016	SET FOR ARGUMENT ON Monday, April 18, 2016
03/07/2016	Brief amici curiae of Mayors of New York, et al. filed.
03/08/2016	Brief amicus curiae of United We Dream filed.
03/08/2016	Brief amici curiae of Professional Economists and Scholars in Related Fields filed.
03/08/2016	Brief amici curiae of Bipartisan Former Members of Congress filed.
03/08/2016	Brief amici curiae of 186 Members of the U.S. House of Representatives and 39 Members of the U.S. Senate filed.
03/08/2016	Brief amici curiae of California Business, Civic, Educational, and Religious Figures and Institutions filed.
03/08/2016	Brief amici curiae of Former Commissioners of the United States Immigration and Naturalization Service filed.
03/08/2016	Brief amici curiae of National Queer Asian Pacific Islander Alliance, Inc. and Others filed.
03/08/2016	Brief amici curiae of Educators and Children's Advocates filed.
03/08/2016	Brief amici curiae of The Major Cities Chiefs Association, et al. filed.
03/08/2016	Brief amicus curiae of Professor Walter Dellinger filed.
03/08/2016	Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations filed.
03/08/2016	Brief amici curiae of The States of Washington, et al. filed.
03/08/2016	Brief amici curiae of Former Federal Immigration and Homeland Security Officials filed.
03/08/2016	Brief amici curiae of Faith-Based Organizations filed.
03/08/2016	Brief amici curiae of National Justice For Our Neighbors and the Justice For Our Neighbors Network filed.
03/08/2016	Brief amici curiae of American Immigration Council, et al. filed.
03/08/2016	Brief amici curiae of Members of the Business Community filed.
03/08/2016	Brief amici curiae of Administrative Law Scholars filed.
03/14/2016	Record requested from U.S.C.A. 5th Circuit.
03/15/2016	CIRCULATED.
03/15/2016	The record from the U.S.C.A. 5th Circuit is electronic and located on PACER
03/16/2016	Motion for leave to file amici brief out of time filed by Gonzalez Olivieri LLC, Quan Law Group PLLC, and Reina Bates Law Firm.
03/28/2016	Brief of respondents Texas, et al. filed. (Distributed)
03/31/2016	Motion for enlargement of time for oral argument and for divided argument filed by petitioners and intervenor-respondents.
03/31/2016	Brief amici curiae of Former Homeland Security, Justice, and State Department Officials filed. (Distributed)
03/31/2016	Joint motion of respondents and United States House of Representatives for leave to participate in oral argument as amicus curiae for enlargment of time for oral argument and for divided argument filed. (Distributed)
04/01/2016	Brief amici curiae of Governor Abbott, et al. filed. (Distributed)
04/01/2016	Brief amicus curiae of Wyoming filed. (Distributed)
04/04/2016	Motion for leave to file amici brief filed by Gonzalez Olivieri LLC, Quan Law Group PLLC, and Reina Bates Law Firm out of time GRANTED.
04/04/2016	Brief amici curiae of The American Center for Law & Justice, et al. filed. (Distributed)
04/04/2016	Brief amici curiae of Former U.S. Attorneys General filed. (Distributed)
04/04/2016	Brief amici curiae of National Sheriffs' Association, et al. filed. (Distributed)
04/04/2016	Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
04/04/2016	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
04/04/2016	Brief amici curiae of Citizens United, et al. filed. (Distributed)
04/04/2016	Brief amicus curiae of The National Federation of Independent Business Small Business Legal Center filed. (Distributed)
04/04/2016	Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed)
04/04/2016	Brief amici curiae of Senate Majority Leader Mitch McConnell and 42 Other Members of the United States Senate filed. (Distributed)
04/04/2016	Brief amici curiae of The Immigration Reform Law Institute, et al. filed. (Distributed)
04/04/2016	Brief amicus curiae of Maricopa County Arizona Sheriff, Joseph M. Arpaio filed. (Distributed)
04/04/2016	Brief amicus curiae of Mountain States Legal Foundation filed. (Distributed)
04/04/2016	Brief amici curiae of Save Jobs USA, and Washington Alliance of Technology Workers filed. (Distributed)
04/04/2016	Brief amicus curiae of United States House of Representatives filed. (Distributed)
04/04/2016	Brief amici curiae of Cato Institute, et al. filed. (Distributed)
04/04/2016	Brief amici curiae of Federal Courts Scholars, and Southeastern Legal Foundation filed. (Distributed)
04/04/2016	Brief amicus curiae of N.C. Lieutenant Governor Daniel J. Forest filed. (Distributed)
04/04/2016	Brief amici curiae of Legal Scholars Ronald A. Cass and Christopher DeMuth, and The Judicial Education Project filed. (Distributed)
04/04/2016	Brief amicus curiae of Justice and Freedom Fund filed. (Distributed)
04/08/2016	Joint motion of petitioners and intervenor-respondents for enlargement of time for oral argument and for divided argument GRANTED, and the time is divided as follows: 35 minutes for petitioners and 10 minutes for intervenor-respondents.
04/08/2016	Joint motion of the respondents and amicus curiae the United States House of Representatives for enlargement of time for oral argement, and for divided argument is granted, and the time is divided as follows: 30 minutes for respondents and 15 minutes for the United States House of Representatives
04/11/2016	Reply of petitioners United States, et al. filed. (Distributed)
04/11/2016	Reply of respondents Intervenors-respondents Jane Does filed. (Distributed)
04/18/2016	Argued. For petitioners: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For intervenor-respondents: Thomas A. Saenz, Los Angeles, Cal. For respondents: Scott A. Keller, Solicitor General, Austin, Tex.; and Erin E. Murphy, Washington, D. C. (for United States House of Representatives, as amicus curiae.)
06/23/2016	Adjudged to be AFFIRMED by an equally divided Court. Opinion per curiam.
07/18/2016	Petition for Rehearing filed.
08/04/2016	DISTRIBUTED.
08/31/2016	DISTRIBUTED for Conference of September 26, 2016.
10/03/2016	Judgment Issued.
10/03/2016	Rehearing DENIED.