Gonzalez v. Trevino

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-1025	5th Cir.	Mar 20, 2024	Jun 20, 2024	TBD	Per Curiam	OT 2023

Holding: In requiring petitioner Sylvia Gonzalez to provide specific comparator evidence to support her retaliatory arrest claim, the U.S. Court of Appeals for the 5th Circuit did not properly apply the principles of Nieves v. Barlett.

Judgment: Vacated and remanded in a per curiam opinion on June 20, 2024. Justice Alito filed a concurring opinion. Justice Kavanaugh filed a concurring opinion. Justice Jackson filed a concurring opinion, in which Justice Sotomayor joined. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

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Date	Proceedings and Orders (key to color coding)
04/20/2023	Petition for a writ of certiorari filed. (Response due May 24, 2023)
04/27/2023	Brief amicus curiae of Law Enforcement Action Partnership filed.
05/02/2023	Brief amici curiae of American Civil Liberties Union, et al. filed.
05/04/2023	Waiver of right of respondents Edward Trevino, et al. to respond filed.
05/08/2023	Brief amici curiae of Law Professors filed. (Distributed)
05/09/2023	DISTRIBUTED for Conference of 5/25/2023.
05/12/2023	Brief amici curiae of Constitutional Accountability Center and Institute for Constitutional Advocacy and Protection filed.
05/12/2023	Brief amicus curiae of Fane Lozman filed.
05/15/2023	Response Requested. (Due June 14, 2023)
05/24/2023	Brief amicus curiae of Thomas More Society filed.
06/08/2023	Brief of respondents Edward Trevino, II, et al. in opposition filed.
06/14/2023	Brief amicus curiae of Texas Public Policy Foundation filed.
06/27/2023	Reply of petitioner Sylvia Gonzalez filed. (Distributed)
06/28/2023	DISTRIBUTED for Conference of 9/26/2023.
09/21/2023	Supplemental brief of petitioner Sylvia Gonzalez filed. (Distributed)
09/27/2023	Supplemental brief of respondents Edward Trevino, et al. filed. (Distributed)
10/02/2023	DISTRIBUTED for Conference of 10/6/2023.
10/10/2023	DISTRIBUTED for Conference of 10/13/2023.
10/13/2023	Petition GRANTED.
10/23/2023	Motion for an extension of time filed (see amended motion of 11/7/23).
11/07/2023	Amended motion for an extension of time to file the briefs on the merits filed.
11/09/2023	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 11, 2023. The time to file respondents' brief on the merits is extended to and including January 24, 2024.
12/11/2023	Brief of petitioner Sylvia Gonzalez filed.
12/11/2023	Joint appendix filed. (Statement of costs filed)
12/15/2023	Brief amicus curiae of Law Professors filed.
12/18/2023	Brief amicus curiae of Roderick & Solange MacArthur Justice Center filed.
12/18/2023	Brief amicus curiae of Fane Lozman filed.
12/18/2023	Brief amicus curiae of Reporters Committee for Freedom of the Press filed.
12/18/2023	Brief amicus curiae of Thomas More Society filed.
12/18/2023	Brief amici curiae of Constitutional Accountability Center, et al. filed.
12/18/2023	Brief amicus curiae of Institute for Free Speech filed.
12/18/2023	Brief amicus curiae of Law Enforcement Action Partnership filed.
12/18/2023	Brief amici curiae of American Civil Liberties Union, et al filed.
12/18/2023	Brief amicus curiae of The National Police Accountability Project filed.
12/18/2023	Brief amicus curiae of United States in support of neither party filed.
01/12/2024	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
01/24/2024	Brief of respondents Edward Trevino, et al. filed.
01/26/2024	Brief amicus curiae of National Sheriffs’ Association filed.
01/29/2024	SET FOR ARGUMENT on Wednesday, March 20, 2024.
01/30/2024	Record requested from the United States Court of Appeals for the Fifth Circuit.
01/31/2024	Brief amici curiae of Alaska, et al. filed.
01/31/2024	Brief amici curiae of Local Government Legal Center, et al. filed.
01/31/2024	Brief amicus curiae of Texas filed.
01/31/2024	Brief amici curiae of Texas Association of Counties, et al. filed.
02/05/2024	Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
02/08/2024	Record received electronically from the United States District Court for the Western District of Texas and available with the Clerk.
02/14/2024	CIRCULATED
02/20/2024	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
02/23/2024	Reply of petitioner Sylvia Gonzalez filed. (Distributed)
03/20/2024	Argued. For petitioner: Anya A. Bidwell, Arlington, Va. For United States, as amicus curiae: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Lisa S. Blatt, Washington, D. C.
06/20/2024	Judgment VACATED and case REMANDED. Opinion per curiam. Alito, J., filed a concurring opinion. Kavanaugh, J., filed a concurring opinion. Jackson, J., filed a concurring opinion, in which Sotomayor, J., joined. Thomas, J., filed a dissenting opinion.
07/22/2024	Judgment Issued.