Arizona v. Mayorkas
The December 16, 2022 order of the U.S. 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 and would instead dismiss the writ of certiorari as improvidently granted.
Issue: Whether the State applicants may intervene to challenge the District Court"s summary judgment order.
SCOTUSblog Coverage
- Court dismisses Title 42 case (Amy Howe, May 18, 2023)
- Trump-era border policy will remain in place while justices hear argument on procedural question (Amy Howe, December 27, 2022)
| Date | Proceedings and Orders |
|---|---|
| 12/19/2022 | Application (22A544) for a stay, submitted to The Chief Justice. |
| 12/19/2022 | Petition for a writ of certiorari filed. (See order of December 27, 2022). |
| 12/19/2022 | 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). |
| 12/20/2022 | Federal Respondents' Opposition to the Application For A Stay Pending Certiorari filed. |
| 12/20/2022 | Response to application from respondent Nancy Gimena Huisha-Huisha, et al., filed. |
| 12/20/2022 | Motion for leave to file and brief of amicus curiae filed by Immigration Reform Law Institute. |
| 12/21/2022 | Reply of applicant Arizona, et al. filed. |
| 12/27/2022 | Petition GRANTED. |
| 12/27/2022 | Application (22A544) referred to the Court. |
| 12/27/2022 | 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 <a href = 'https://www.supremecourt.gov/opinions/22pdf/22a544_n758.pdf'>Opinion</a>) |
| 01/04/2023 | 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. |
| 01/06/2023 | SET FOR ARGUMENT on Wednesday, March 1, 2023. |
| 01/06/2023 | Record requested from U.S.C.A.-D.C. Circuit. |
| 01/09/2023 | The record for the U.S.C.A.-D.C. Circuit is available on PACER. |
| 01/09/2023 | The record for the U.S.D.C.-D.C. is available on PACER. |
| 01/18/2023 | Brief of petitioners Arizona, et al. filed. |
| 01/18/2023 | Joint appendix filed. (Statement of costs filed) |
| 01/20/2023 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| 01/20/2023 | Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition filed. |
| 01/30/2023 | CIRCULATED |
| 02/03/2023 | Brief amicus curiae of The Protect Democracy Project filed. (Distributed) |
| 02/07/2023 | Brief of respondents Nancy Gimena Huisha-Huisha, et al. filed. (Distributed) |
| 02/07/2023 | Brief of Federal Respondents filed. (Distributed) |
| 02/09/2023 | Brief amici curiae of 60 Immigration Advocacy, Human Rights, and Legal Services Organizations filed. (Distributed) |
| 02/09/2023 | Brief amicus curiae of Former CDC Officials filed. (Distributed) |
| 02/09/2023 | Brief amicus curiae of United Nations High Commissioner For Refugees filed. (Distributed) |
| 02/09/2023 | Brief amici curiae of U.S. Conference of Catholic Bishops & Catholic Legal Immigration Network, Inc. filed. (Distributed) |
| 02/09/2023 | Brief amici curiae of Scholars of Federal Civil Procedure filed. (Distributed) |
| 02/09/2023 | Brief amicus curiae of Cato Institute filed. (February 13, 2023 - enlarged copies of pp. 8 & 10 graphs included.) (Distributed) |
| 02/14/2023 | Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General. |
| 02/16/2023 | The case is REMOVED from the February 2023 argument calendar. |
| 02/17/2023 | Reply of petitioners Arizona, et al. filed. (Distributed) |
| 02/21/2023 | Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General GRANTED. |
| 05/12/2023 | Letter from the Solicitor General dated May 12, 2023 filed. (Distributed) |
| 05/16/2023 | Letter of petitioners Arizona, et al. in response filed. (Distributed) |
| 05/18/2023 | 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 <a href = 'https://www.supremecourt.gov/opinions/22pdf/22-592_5hd5.pdf'>Opinion</a>) |
| 06/20/2023 | Judgment issued. |