Biden v. Sierra Club
Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 9th Circuit with instructions
to direct the district court to vacate its judgments, on October 4, 2021
Issues: (1) Whether the Sierra Club has a cognizable cause of
action to obtain review of the secretary of defense’s compliance
with 10 U.S.C. § 2808 in reprioritizing appropriated but unobligated funds for the military construction projects involving border
barriers being authorized; and (2) whether the secretary exceeded his statutory authority under Section 2808 in reprioritizing appropriated funds for the military construction projects following the president’s declaration of a national emergency requiring the use of the armed forces at the southern border.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Nov 17 2020 | Petition for a writ of certiorari filed. (Response due December 17, 2020) |
| Dec 02 2020 | Motion of the Sierra Club, et al. to extend the time to file a response from December 17, 2020 to January 19, 2021, submitted to The Clerk. |
| Dec 02 2020 | Motion of the State of California to extend the time to file a response from December 17, 2020 to January 19, 2021, submitted to The Clerk. |
| Dec 03 2020 | The motions to extend the time to file responses are granted and the time is extended to and including January 19, 2021, for all respondents. |
| Dec 17 2020 | Brief amicus curiae of Rep. Andy Barr filed. |
| Jan 07 2021 | Motion to extend the time to file a response from January 19, 2021 to February 18, 2021, submitted to The Clerk. |
| Jan 08 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including February 18, 2021, for all respondents. |
| Feb 09 2021 | Motion to extend the time to file a response from February 18, 2021 to May 19, 2021, submitted to The Clerk. |
| Feb 10 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021, for all respondents. |
| May 06 2021 | Motion to extend the time to file a response from May 19, 2021 to July 18, 2021, submitted to The Clerk. |
| May 07 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including July 19, 2021, for all respondents. |
| Jul 19 2021 | Brief of respondents Sierra Club, Southern Border Communities Coalition in opposition filed. |
| Jul 19 2021 | Brief of respondents State of California, et al. in opposition filed. |
| Aug 03 2021 | Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al., et al. filed. (Distributed) |
| Aug 04 2021 | DISTRIBUTED for Conference of 9/27/2021. |
| Oct 04 2021 | Petition GRANTED. Judgment VACATED and case REMANDED with instructions to direct the District Court to vacate its judgments. The District Court should consider what further proceedings are necessary and appropriate in light of the changed circumstances in this case. |
| Nov 05 2021 | JUDGMENT ISSUED. |
