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Devillier v. Texas

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Docket No. Op. Below Argument Opinion Vote Author Term
22-913 5th Cir. Jan 16, 2024
 Apr 16, 2024 9-0 Thomas OT 2023

Holding: Owners of property north of U. S. Interstate Highway 10 adversely affected by the flood evacuation barrier constructed by Texas should be permitted on remand to pursue their takings clause claims through the cause of action available under Texas law.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Thomas on April 16, 2024.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 17 2023Petition for a writ of certiorari filed. (Response due April 19, 2023)
Mar 29 2023Waiver of right of respondent Texas to respond filed.
Mar 29 2023Supplemental brief of petitioners Richard Devillier, et al. filed.
Apr 05 2023DISTRIBUTED for Conference of 4/21/2023.
Apr 10 2023Response Requested. (Due May 10, 2023)
Apr 20 2023Motion to extend the time to file a response from May 10, 2023 to June 9, 2023, submitted to The Clerk.
Apr 24 2023Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2023.
May 10 2023Brief amici curiae of Ilya Somin and Cato Institute filed.
May 10 2023Brief amicus curiae of Pacific Legal Foundation filed.
Jun 09 2023Brief of respondent Texas in opposition filed.
Jun 23 2023Reply of petitioners Richard Devillier, et al. filed.
Jun 28 2023DISTRIBUTED for Conference of 9/26/2023.
Sep 29 2023Petition GRANTED.
Nov 13 2023Brief of petitioners Richard Devillier, et al. filed.
Nov 13 2023Joint appendix filed. (Statement of costs filed)
Nov 17 2023SET FOR ARGUMENT on Tuesday, January 16, 2024.
Nov 17 2023Brief amici curiae of Ilya Somin, et al. filed.
Nov 17 2023Brief amici curiae of Pacific Legal Foundation, et al. filed.
Nov 17 2023Amicus brief of American Farm Bureau Federation not accepted for filing. (Duplicate submission - November 21, 2023)
Nov 17 2023Brief amicus curiae of American Farm Bureau Federation filed.
Nov 20 2023Record requested from the United States Court of Appeals for the Fifth Circuit.
Nov 20 2023Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Nov 20 2023Brief amicus curiae of Atlantic Legal Foundation filed.
Nov 20 2023Brief amicus curiae of Professor Ernest A. Young filed.
Nov 20 2023Brief amici curiae of National Association of Realtors®, American Property Owners Alliance, and Texas Realtors® filed.
Nov 20 2023Brief amicus curiae of Professor Carlos M. Vázquez filed.
Nov 20 2023Brief amici curiae of Professors James W. Ely, Jr., et al. filed.
Nov 30 2023CIRCULATED
Nov 30 2023Record received from the United States District Court for the Southern District of Texas. The record is electronic and is available with the Clerk.
Dec 12 2023Brief amicus curiae of United States filed. (Distributed)
Dec 13 2023Brief of Texas not accepted for filing. (December 13, 2023 - Corrected electronic documents submitted.)
Dec 13 2023Brief of respondent Texas (DEC. 19, 2023) filed. (Distributed)
Dec 20 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 20 2023Brief amici curiae of Minnesota, et al. filed. (Distributed)
Jan 05 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 05 2024Reply of petitioners Richard Devillier, et al. filed. (Distributed)
Jan 16 2024Argued. For petitioners: Robert J. McNamara, Arlington, Va. For respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 16 2024Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
May 20 2024Judgment Issued.
Aug 20 2024Record returned to the United States Court of Appeals for the Fifth Circuit.