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Department of Homeland Security v. Texas

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Emergency application to vacate injunction pending appeal is granted on Jan. 22, 2024.
Docket No. Op. Below Argument Opinion Vote Author Term
23A607 5th Cir. TBD TBD TBD TBD OT 2023

Issue: Whether the Supreme Court should block an order by the U.S. Court of Appeals for the 5th Circuit that generally bars federal Border Patrol agents from cutting or moving razor wire installed by Texas along a portion of the U.S.-Mexico border.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 02 2024Application (23A607) to vacate injunction pending appeal, submitted to Justice Alito.
Jan 03 2024Response to application (23A607) requested by Justice Alito, due by 5 p.m. (EST) on January 9, 2024.
Jan 03 2024Letter to the Clerk from Applicants filed.
Jan 09 2024Response to application from respondent Texas filed.
Jan 10 2024Reply of applicant Department of Homeland Security, et al. filed.
Jan 10 2024Brief amicus curiae of Immigration Reform Law Institute filed.
Jan 12 2024Supplement Brief from Applicants filed.
Jan 13 2024Supplemental brief of respondent Texas filed.
Jan 15 2024Second supplemental brief of applicant Department of Homeland Security, et al. filed.
Jan 17 2024Second supplemental brief from respondent Texas filed.
Jan 22 2024Application (23A607) referred to the Court.
Jan 22 2024Application (23A607) to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The December 19, 2023 order of the United States Court of Appeals for the Fifth Circuit, case No. 23-50869, is vacated. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application to vacate injunction.