Department of Homeland Security v. Texas
Emergency application to vacate injunction pending appeal is granted on Jan. 22, 2024.
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
- Court allows Border Patrol to cut Texas razor wire along Rio Grande (Amy Howe, January 22, 2024)
- Biden appeals to justices over Texas-Border Patrol dispute (Amy Howe, January 3, 2024)
| Date | Proceedings and Orders |
|---|---|
| 01/02/2024 | Application (23A607) to vacate injunction pending appeal, submitted to Justice Alito. |
| 01/03/2024 | Response to application (23A607) requested by Justice Alito, due by 5 p.m. (EST) on January 9, 2024. |
| 01/03/2024 | Letter to the Clerk from Applicants filed. |
| 01/09/2024 | Response to application from respondent Texas filed. |
| 01/10/2024 | Reply of applicant Department of Homeland Security, et al. filed. |
| 01/10/2024 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| 01/12/2024 | Supplement Brief from Applicants filed. |
| 01/13/2024 | Supplemental brief of respondent Texas filed. |
| 01/15/2024 | Second supplemental brief of applicant Department of Homeland Security, et al. filed. |
| 01/17/2024 | Second supplemental brief from respondent Texas filed. |
| 01/22/2024 | Application (23A607) referred to the Court. |
| 01/22/2024 | Application (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. |