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United States v. Texas

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Docket No. Op. Below Argument Opinion Vote Author Term
15-674 5th Cir. Apr 18, 2016 Jun 23, 2016 4-4 Per Curiam OT 2015

Issue: (1) Whether a state that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA) to challenge the Secretary of Homeland Security’s guidance seeking to establish a process for considering deferred action for certain aliens because it will lead to more aliens having deferred action; (2) whether the guidance is arbitrary and capricious or otherwise not in accordance with law; (3) whether the guidance was subject to the APA’s notice-and-comment procedures; and (4) whether the guidance violates the Take Care Clause of the Constitution, Article II, section 3.

Judgment: Affirmed by an equally divided Court in a per curiam opinion on June 23, 2016.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 20 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, provided that any amicus brief in support of petitioners is filed on or before December 4, 2015, received from counsel for the petitioner.
Nov 20 2015Petition for a writ of certiorari filed. (Response due December 21, 2015)
Nov 20 2015Appendix of United States, et al. filed.
Nov 20 2015Consent to the filing of amicus curiae briefs in support of either or of neither party received from counsel for the Federal petitioners.
Nov 23 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Jane Does.
Nov 30 2015Brief amici curiae of Bipartisan Former Members of Congress filed.
Nov 30 2015Brief amici curiae of American Immigration Council, et al. filed.
Nov 30 2015Brief amici curiae of Major Cities Chiefs Association, et al. filed.
Dec 1 2015Order extending time to file response to petition to and including December 29, 2015.
Dec 3 2015Brief amici curiae of 184 Members of the U.S. House of Representatives and 34 Members of the U.S. Senate filed.
Dec 3 2015Brief amici curiae of Washington, et al. filed.
Dec 4 2015Brief of Intervenors-respondents Jane Does in support filed.
Dec 4 2015Brief amici curiae of Former Federal Immigration and Homeland Security Officials filed.
Dec 4 2015Brief amici curiae of Mayors of New York, et al. filed.
Dec 4 2015Brief amicus curiae of Minkwon Center for Community Action filed.
Dec 17 2015Brief amicus curiae of American Unity Legal Defense Fund filed.
Dec 17 2015Brief amici curiae of Save Jobs USA and Washington Alliance of Technology Workers filed.
Dec 29 2015Brief of respondents Texas, et al. in opposition filed.
Dec 30 2015DISTRIBUTED for Conference of January 15, 2016.
Jan 5 2016Reply of petitioners United States, et al. filed. (Distributed)
Jan 19 2016Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether the Guidance violates the Take Care Clause of the Constitution, Art. II, Sec.3.
Feb 5 2016Joint Application (15A827) to exceed the word limitations, submitted to Justice Scalia.
Feb 9 2016Application (15A827) granted by Justice Scalia joint application to exceed the word limitations. The word limit for petitioners and the respondent States to file their opening briefs on the merits is enlarged to 20,000 words each. The word limit for petitioners to file a reply brief on the merits is enlarged to 8,000 words.
Feb 22 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Jane Does, Intervenors.
Mar 1 2016Brief of petitioners United States, et al. filed.
Mar 1 2016Joint appendix filed. (2 Volumes) (Statement of cost filed.)
Mar 1 2016Brief of Intervenors-respondents Jane Does in support filed.
Mar 2 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioners.
Mar 4 2016SET FOR ARGUMENT ON Monday, April 18, 2016
Mar 7 2016Brief amici curiae of Mayors of New York, et al. filed.
Mar 8 2016Brief amicus curiae of United We Dream filed.
Mar 8 2016Brief amici curiae of Professional Economists and Scholars in Related Fields filed.
Mar 8 2016Brief amici curiae of Bipartisan Former Members of Congress filed.
Mar 8 2016Brief amici curiae of 186 Members of the U.S. House of Representatives and 39 Members of the U.S. Senate filed.
Mar 8 2016Brief amici curiae of California Business, Civic, Educational, and Religious Figures and Institutions filed.
Mar 8 2016Brief amici curiae of Former Commissioners of the United States Immigration and Naturalization Service filed.
Mar 8 2016Brief amici curiae of National Queer Asian Pacific Islander Alliance, Inc. and Others filed.
Mar 8 2016Brief amici curiae of Educators and Children's Advocates filed.
Mar 8 2016Brief amici curiae of The Major Cities Chiefs Association, et al. filed.
Mar 8 2016Brief amicus curiae of Professor Walter Dellinger filed.
Mar 8 2016Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations filed.
Mar 8 2016Brief amici curiae of The States of Washington, et al. filed.
Mar 8 2016Brief amici curiae of Former Federal Immigration and Homeland Security Officials filed.
Mar 8 2016Brief amici curiae of Faith-Based Organizations filed.
Mar 8 2016Brief amici curiae of National Justice For Our Neighbors and the Justice For Our Neighbors Network filed.
Mar 8 2016Brief amici curiae of American Immigration Council, et al. filed.
Mar 8 2016Brief amici curiae of Members of the Business Community filed.
Mar 8 2016Brief amici curiae of Administrative Law Scholars filed.
Mar 14 2016Record requested from U.S.C.A. 5th Circuit.
Mar 15 2016CIRCULATED.
Mar 15 2016The record from the U.S.C.A. 5th Circuit is electronic and located on PACER
Mar 16 2016Motion for leave to file amici brief out of time filed by Gonzalez Olivieri LLC, Quan Law Group PLLC, and Reina Bates Law Firm.
Mar 28 2016Brief of respondents Texas, et al. filed. (Distributed)
Mar 31 2016Motion for enlargement of time for oral argument and for divided argument filed by petitioners and intervenor-respondents.
Mar 31 2016Brief amici curiae of Former Homeland Security, Justice, and State Department Officials filed. (Distributed)
Mar 31 2016Joint motion of respondents and United States House of Representatives for leave to participate in oral argument as amicus curiae for enlargment of time for oral argument and for divided argument filed. (Distributed)
Apr 1 2016Brief amici curiae of Governor Abbott, et al. filed. (Distributed)
Apr 1 2016Brief amicus curiae of Wyoming filed. (Distributed)
Apr 4 2016Motion for leave to file amici brief filed by Gonzalez Olivieri LLC, Quan Law Group PLLC, and Reina Bates Law Firm out of time GRANTED.
Apr 4 2016Brief amici curiae of The American Center for Law & Justice, et al. filed. (Distributed)
Apr 4 2016Brief amici curiae of Former U.S. Attorneys General filed. (Distributed)
Apr 4 2016Brief amici curiae of National Sheriffs' Association, et al. filed. (Distributed)
Apr 4 2016Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Apr 4 2016Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
Apr 4 2016Brief amici curiae of Citizens United, et al. filed. (Distributed)
Apr 4 2016Brief amicus curiae of The National Federation of Independent Business Small Business Legal Center filed. (Distributed)
Apr 4 2016Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed)
Apr 4 2016Brief amici curiae of Senate Majority Leader Mitch McConnell and 42 Other Members of the United States Senate filed. (Distributed)
Apr 4 2016Brief amici curiae of The Immigration Reform Law Institute, et al. filed. (Distributed)
Apr 4 2016Brief amicus curiae of Maricopa County Arizona Sheriff, Joseph M. Arpaio filed. (Distributed)
Apr 4 2016Brief amicus curiae of Mountain States Legal Foundation filed. (Distributed)
Apr 4 2016Brief amici curiae of Save Jobs USA, and Washington Alliance of Technology Workers filed. (Distributed)
Apr 4 2016Brief amicus curiae of United States House of Representatives filed. (Distributed)
Apr 4 2016Brief amici curiae of Cato Institute, et al. filed. (Distributed)
Apr 4 2016Brief amici curiae of Federal Courts Scholars, and Southeastern Legal Foundation filed. (Distributed)
Apr 4 2016Brief amicus curiae of N.C. Lieutenant Governor Daniel J. Forest filed. (Distributed)
Apr 4 2016Brief amici curiae of Legal Scholars Ronald A. Cass and Christopher DeMuth, and The Judicial Education Project filed. (Distributed)
Apr 4 2016Brief amicus curiae of Justice and Freedom Fund filed. (Distributed)
Apr 8 2016Joint motion of petitioners and intervenor-respondents for enlargement of time for oral argument and for divided argument GRANTED, and the time is divided as follows: 35 minutes for petitioners and 10 minutes for intervenor-respondents.
Apr 8 2016Joint motion of the respondents and amicus curiae the United States House of Representatives for enlargement of time for oral argement, and for divided argument is granted, and the time is divided as follows: 30 minutes for respondents and 15 minutes for the United States House of Representatives
Apr 11 2016Reply of petitioners United States, et al. filed. (Distributed)
Apr 11 2016Reply of respondents Intervenors-respondents Jane Does filed. (Distributed)
Apr 18 2016Argued. For petitioners: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For intervenor-respondents: Thomas A. Saenz, Los Angeles, Cal. For respondents: Scott A. Keller, Solicitor General, Austin, Tex.; and Erin E. Murphy, Washington, D. C. (for United States House of Representatives, as amicus curiae.)
Jun 23 2016Adjudged to be AFFIRMED by an equally divided Court. Opinion per curiam.
Jul 18 2016Petition for Rehearing filed.
Aug 4 2016DISTRIBUTED.
Aug 31 2016DISTRIBUTED for Conference of September 26, 2016.
Oct 3 2016Judgment Issued.
Oct 3 2016Rehearing DENIED.