United States v. Texas
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-58 | S.D. Tex. | Nov 29, 2022 | Jun 23, 2023 | 8-1 | Kavanaugh | OT 2022 |
Holding: Texas and Louisiana lack Article III standing to challenge immigration-enforcement guidelines promulgated by the Secretary of Homeland Security that prioritize the arrest and removal of certain noncitizens from the United States.
Judgment: Reversed, 8-1, in an opinion by Justice Kavanaugh on June 23, 2023. Justice Gorsuch filed an opinion concurring in the judgment, in which Justices Thomas and Barrett joined. Justice Barrett filed and opinion concurring in the judgment, in which Justice Gorsuch joined. Justice Alito filed a dissenting opinion.
SCOTUSblog Coverage
- Texas and Louisiana lack right to challenge Biden immigration policy, court rules (Amy Howe, June 23, 2023)
- Justices delve into a trio of thorny issues in states challenge to federal immigration policy (Amy Howe, November 29, 2022)
- In U.S. v. Texas, broad questions over immigration enforcement and states ability to challenge federal policies (Amy Howe, November 28, 2022)
- In major immigration case, both sides look to academia to untangle three knotty questions (Amanda Frost, November 23, 2022)
- December argument session will feature divisive cases on election law, First Amendment (Amy Howe, October 18, 2022)
- Divided court declines to reinstate Bidens immigration guidelines, sets case for argument this fall (Amy Howe, July 22, 2022)
| Date | Proceedings and Orders |
|---|---|
| 07/08/2022 | Application (22A17) for a stay, submitted to Justice Alito. |
| 07/08/2022 | Petition for a writ of certiorari before judgment filed. |
| 07/08/2022 | Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022. |
| 07/13/2022 | Response to application from respondents Texas, et al. filed. |
| 07/13/2022 | Motion for leave to file amicus brief filed by Arizona, Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Kentucky, Indiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming. |
| 07/13/2022 | Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck. |
| 07/13/2022 | Motion for leave to file amicus brief filed by Immigration Reform Law Institute. |
| 07/14/2022 | Reply of applicants United States, et al. filed. |
| 07/21/2022 | Application (22A17) referred to the Court. |
| 07/21/2022 | Application (22A17) denied by the Court. The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; 2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2). The case will be set for argument in the first week of the December 2022 argument session. Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would grant the application for stay. |
| 08/19/2022 | Motion for an extension of time to file the briefs on the merits filed. |
| 08/23/2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 12, 2022. The time to file respondents' brief on the merits is extended to and including October 18, 2022. |
| 09/08/2022 | Blanket Consent filed by Respondent, Texas, et al. |
| 09/12/2022 | Brief of petitioners United States, et al. filed. |
| 09/12/2022 | Joint appendix filed. |
| 09/13/2022 | Blanket Consent filed by Petitioner, United States, et al. |
| 09/16/2022 | Brief amici curiae of Immigrant and Civil Rights Organizations, et al. filed. |
| 09/19/2022 | Brief amici curiae of Administrative Law Professors filed. |
| 09/19/2022 | Amicus brief of Stephen I. Vladeck not accepted for filing. (Corrected version to be submitted - September 21, 2022). |
| 09/19/2022 | Brief amicus curiae of Stephen I. Vladeck filed. (Sept. 23, 2022) |
| 09/19/2022 | Brief amici curiae of New York, et al. filed. |
| 09/19/2022 | Brief amici curiae of 21 Cities, Counties, and Local Government Organizations filed. |
| 09/19/2022 | Brief amici curiae of Former Officials of the Department of Homeland Security, et al. filed. |
| 09/19/2022 | Brief amici curiae of The American Civil Liberties Union, et al. filed. |
| 09/19/2022 | Brief amici curiae of National Immigrant Justice Center, et al. filed. |
| 09/19/2022 | Brief amicus curiae of Public Citizen filed. |
| 10/18/2022 | SET FOR ARGUMENT on Tuesday, November 29, 2022. |
| 10/18/2022 | Brief of respondents Texas, et al. filed. |
| 10/24/2022 | Motion for leave to intervene filed by Sheriff Brad Coe, et al. |
| 10/25/2022 | Brief amicus curiae of Florida filed. (Distributed) |
| 10/25/2022 | Brief of Texas Sheriffs and Counties and the Federal Police Foundation, ICE Officers Division, as Movants for Intervention Or, Alternatively, as Amici Curiae in Support of Respondents and Affirmance of Sheriff Brad Coe, et al. not accepted for filing. (October 27, 2022--Corrected brief as amici curiae to be submitted.) |
| 10/25/2022 | Brief amici curiae of Texas Sheriffs, et al. filed.(Distributed) |
| 10/25/2022 | CIRCULATED. |
| 10/25/2022 | Brief amicus curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. (Distributed) |
| 10/25/2022 | Brief amici curiae of Arizona, et al. filed. (Distributed) |
| 10/28/2022 | Record requested from the U.S.C.A. 5th Circuit. |
| 10/28/2022 | Record received from the U.S.C.A. 5th Circuit. The record is available on PACER. |
| 11/02/2022 | Motion DISTRIBUTED for Conference of 11/18/2022. |
| 11/03/2022 | Response in opposition to motion for leave to intervene from petitioners United States, et al. filed. (Distributed) |
| 11/15/2022 | Reply on motion to intervene of Sheriff Brad Coe, et al. filed. (Distributed) |
| 11/17/2022 | Reply of petitioners United States, et al. filed. (Distributed) |
| 11/21/2022 | Motion for leave to intervene filed by Sheriff Brad Coe, et al. DENIED. |
| 11/29/2022 | Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex. |
| 01/09/2023 | Record received from U.S.D.C.-Southern District of Texas (three CDs). |
| 06/23/2023 | Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas and Barrett, JJ., joined. Barrett, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Alito, J., filed a dissenting opinion. |
| 07/03/2023 | Record returned to U.S.D.C.-Southern District of Texas (three CDs). |
| 07/25/2023 | Judgment issued. |
| 07/31/2023 | Amended judgment issued. |