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United States v. Texas

Application to vacate stay of preliminary injunction denied on December 10, 2021

Docket No. Op. Below Argument Opinion Vote Author Term
21a85 5th Cir. N/A N/A N/A N/A OT 2021

Issue: Whether the Supreme Court should vacate the U.S. Court of Appeals for the 5th Circuit's stay of the district court's preliminary injunction that blocked enforcement of Texas Senate Bill 8.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/18/2021Application (21A85) to vacate stay, submitted to Justice Alito.
10/18/2021Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.
10/18/2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Massachusetts, et al.
10/18/2021Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al.
10/19/2021Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars.
10/19/2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Medical Organizations.
10/19/2021Motion for leave to file amicus brief filed by Constitutional Accountability Center.
10/19/2021Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al.
10/19/2021Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al.
10/20/2021Motion for leave to file amicus brief filed by Texas Medical Association.
10/20/2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Human Coalition, et al.
10/21/2021Response to application from respondent Texas filed.
10/21/2021Response to application from Erick Graham, et al. filed.
10/21/2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Indiana, et al.
10/22/2021Reply of applicant United States filed.
10/22/2021Application (21A85) referred to the Court.
10/22/2021Consideration of the application (21A85) to vacate stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The application is treated as a petition for a writ of certiorari before judgment (No. 21-588), and the petition is granted limited to the following question: May the United States bring suit in federal court and obtain injunctive or declaratory relief against the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced. The briefs of the parties in No. 21-588, limited to 13,000 words, are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Reply briefs, if any, limited to 6,000 words, are to be filed electronically on or before 5 p.m., Friday, October 29, 2021. Any amicus curiae briefs are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Booklet format briefs prepared in compliance with Rule 33.1 shall be submitted as soon as possible thereafter. The parties are not required to file a joint appendix. The case is set for oral argument on Monday, November 1, 2021. Justice Sotomayor, concurring in part and dissenting in part. (Detached opinion)
10/27/2021Main document of The Rogers Group not accepted for filing. (October 29, 2021)
10/28/2021Amicus of The Rogers Group not accepted for filing. (October 29, 2021)
11/01/202121-588 (21A85) Argued. For petitioner: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For state respondent: Judd E. Stone, II, Solicitor General, Austin, Tex. For private respondents: Jonathan F. Mitchell, Austin, Tex.
12/10/2021The application to vacate stay presented to Justice Alito and by him referred to the Court is denied. Justice Sotomayor would grant the application to vacate stay in No. 21A85 and dissents from the dismissal of No. 21-588 as improvidently granted.