Arizona v. Mayorkas

Application for stay is granted. Application is treated as a petition for writ of certiorari, and the petition is granted. Justices Sotomayor, Kagan, Gorsuch, and Jackson would deny the application.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22a544	D.C. Cir.	TBD	TBD	5-4	TBD	OT 2022

Issue: Whether the Supreme Court should stay a district court's order requiring the government to terminate the Title 42 immigration policy.

SCOTUSblog Coverage

Trump-era border policy will remain in place while justices hear argument on procedural question (Amy Howe, December 27, 2022)
States ask Supreme Court to keep Title 42 border policy in effect (Amy Howe, December 19, 2022)

Date	Proceedings and Orders (key to color coding)
12/19/2022	Application (22A544) for a stay, submitted to The Chief Justice.
12/19/2022	Upon consideration of the application of counsel for the applicants, it is ordered that the November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21-cv-00100, is hereby stayed pending further order of The Chief Justice or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, December 20, 2022, by 5 p.m. (EST).
12/20/2022	Federal Respondents' Opposition to the Application For A Stay Pending Certiorari filed.
12/20/2022	Response to application from respondent Nancy Gimena Huisha-Huisha, et al., filed.
12/20/2022	Motion for leave to file and brief of amicus curiae filed by Immigration Reform Law Institute.
12/21/2022	Reply of applicant Arizona, et al. filed.
12/27/2022	Application (22A544) referred to the Court.
12/27/2022	Application (22A544) for stay pending certiorari presented to The Chief Justice and by him referred to the Court is granted. The November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21– cv–00100, is hereby stayed. Applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The parties are directed to brief and argue the following question: Whether the State applicants may intervene to challenge the District Court’s summary judgment order. This stay precludes giving effect to the District Court order setting aside and vacating the Title 42 policy; the stay itself does not prevent the federal government from taking any action with respect to that policy. The Court’s review on certiorari is limited to the question of intervention. While the underlying merits of the District Court’s summary judgment order are pertinent to that analysis, the Court does not grant review of those merits, which have not yet been addressed by the Court of Appeals. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the February 2023 argument session. The stay shall terminate upon the sending down of the judgment of this Court. The order heretofore entered by The Chief Justice is vacated. Justice Sotomayor and Justice Kagan would deny the application. Justice Gorsuch, with whom Justice Jackson joins, dissenting. (Detached Opinion)