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United States v. Texas
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-58 | S.D. Tex. |
Nov 29, 2022 |
Jun 23, 2023 | 8-1 | Kavanaugh | OT 2022 |
Holding: Texas and Louisiana lack Article III standing to challenge immigration-enforcement guidelines promulgated by the Secretary of Homeland Security that prioritize the arrest and removal of certain noncitizens from the United States.
Judgment: Reversed, 8-1, in an opinion by Justice Kavanaugh on June 23, 2023. Justice Gorsuch filed an opinion concurring in the judgment, in which Justices Thomas and Barrett joined. Justice Barrett filed and opinion concurring in the judgment, in which Justice Gorsuch joined. Justice Alito filed a dissenting opinion.
SCOTUSblog Coverage
- Texas and Louisiana lack right to challenge Biden immigration policy, court rules (Amy Howe, June 23, 2023)
- Justices delve into a trio of thorny issues in states’ challenge to federal immigration policy (Amy Howe, November 29, 2022)
- In U.S. v. Texas, broad questions over immigration enforcement and states’ ability to challenge federal policies (Amy Howe, November 28, 2022)
- In major immigration case, both sides look to academia to untangle three knotty questions (Amanda Frost, November 23, 2022)
- December argument session will feature divisive cases on election law, First Amendment (Amy Howe, October 18, 2022)
- Divided court declines to reinstate Biden’s immigration guidelines, sets case for argument this fall (Amy Howe, July 21, 2022)
| Date | Proceedings and Orders |
|---|---|
| Jul 08 2022 | Application (22A17) for a stay, submitted to Justice Alito. |
| Jul 08 2022 | Petition for a writ of certiorari before judgment filed. |
| Jul 08 2022 | Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022. |
| Jul 13 2022 | Response to application from respondents Texas, et al. filed. |
| Jul 13 2022 | Motion for leave to file amicus brief filed by Arizona, Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Kentucky, Indiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming. |
| Jul 13 2022 | Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck. |
| Jul 13 2022 | Motion for leave to file amicus brief filed by Immigration Reform Law Institute. |
| Jul 14 2022 | Reply of applicants United States, et al. filed. |
| Jul 21 2022 | Application (22A17) referred to the Court. |
| Jul 21 2022 | Application (22A17) denied by the Court. The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; 2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2). The case will be set for argument in the first week of the December 2022 argument session. Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would grant the application for stay. |
| Aug 19 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Aug 23 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 12, 2022. The time to file respondents' brief on the merits is extended to and including October 18, 2022. |
| Sep 08 2022 | Blanket Consent filed by Respondent, Texas, et al. |
| Sep 12 2022 | Brief of petitioners United States, et al. filed. |
| Sep 12 2022 | Joint appendix filed. |
| Sep 13 2022 | Blanket Consent filed by Petitioner, United States, et al. |
| Sep 16 2022 | Brief amici curiae of Immigrant and Civil Rights Organizations, et al. filed. |
| Sep 19 2022 | Brief amici curiae of Administrative Law Professors filed. |
| Sep 19 2022 | Amicus brief of Stephen I. Vladeck not accepted for filing. (Corrected version to be submitted - September 21, 2022). |
| Sep 19 2022 | Brief amicus curiae of Stephen I. Vladeck filed. (Sept. 23, 2022) |
| Sep 19 2022 | Brief amici curiae of New York, et al. filed. |
| Sep 19 2022 | Brief amici curiae of 21 Cities, Counties, and Local Government Organizations filed. |
| Sep 19 2022 | Brief amici curiae of Former Officials of the Department of Homeland Security, et al. filed. |
| Sep 19 2022 | Brief amici curiae of The American Civil Liberties Union, et al. filed. |
| Sep 19 2022 | Brief amici curiae of National Immigrant Justice Center, et al. filed. |
| Sep 19 2022 | Brief amicus curiae of Public Citizen filed. |
| Oct 18 2022 | SET FOR ARGUMENT on Tuesday, November 29, 2022. |
| Oct 18 2022 | Brief of respondents Texas, et al. filed. |
| Oct 24 2022 | Motion for leave to intervene filed by Sheriff Brad Coe, et al. |
| Oct 25 2022 | Brief amicus curiae of Florida filed. (Distributed) |
| Oct 25 2022 | Brief of Texas Sheriffs and Counties and the Federal Police Foundation, ICE Officers Division, as Movants for Intervention Or, Alternatively, as Amici Curiae in Support of Respondents and Affirmance of Sheriff Brad Coe, et al. not accepted for filing. (October 27, 2022--Corrected brief as amici curiae to be submitted.) |
| Oct 25 2022 | Brief amici curiae of Texas Sheriffs, et al. filed.(Distributed) |
| Oct 25 2022 | CIRCULATED. |
| Oct 25 2022 | Brief amicus curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. (Distributed) |
| Oct 25 2022 | Brief amici curiae of Arizona, et al. filed. (Distributed) |
| Oct 28 2022 | Record requested from the U.S.C.A. 5th Circuit. |
| Oct 28 2022 | Record received from the U.S.C.A. 5th Circuit. The record is available on PACER. |
| Nov 02 2022 | Motion DISTRIBUTED for Conference of 11/18/2022. |
| Nov 03 2022 | Response in opposition to motion for leave to intervene from petitioners United States, et al. filed. (Distributed) |
| Nov 15 2022 | Reply on motion to intervene of Sheriff Brad Coe, et al. filed. (Distributed) |
| Nov 17 2022 | Reply of petitioners United States, et al. filed. (Distributed) |
| Nov 21 2022 | Motion for leave to intervene filed by Sheriff Brad Coe, et al. DENIED. |
| Nov 29 2022 | Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex. |
| Jan 09 2023 | Record received from U.S.D.C.-Southern District of Texas (three CDs). |
| Jun 23 2023 | Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas and Barrett, JJ., joined. Barrett, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Alito, J., filed a dissenting opinion. |
| Jul 03 2023 | Record returned to U.S.D.C.-Southern District of Texas (three CDs). |
| Jul 25 2023 | Judgment issued. |
| Jul 31 2023 | Amended judgment issued. |
