Biden v. Texas

Application for stay denied on Aug. 24, 2021. Justices Breyer, Sotomayor, and Kagan would grant the application.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21a21	5th Cir.	N/A	N/A	N/A	N/A	OT 2021

Issue: Whether the Supreme Court should issue a stay of a district court"s injunction requiring the federal government to reinstate the Migrant Protection Protocols.

SCOTUSblog Coverage

Court wont block order requiring reinstatement of remain in Mexico policy (Amy Howe, August 25, 2021)
Biden administration seeks quick relief from restoring remain in Mexico policy (Amy Howe, August 21, 2021)

Date	Proceedings and Orders (key to color coding)
08/20/2021	Application (21A21) for a stay, submitted to Justice Alito.
08/20/2021	Order issued by Justice Alito: UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the injunction issued by the District Court is stayed until 11:59 p.m. EDT on Tuesday, August 24 so that the full Court can consider the application. The respondents shall file a response to the application by 5 p.m. EDT on Tuesday, August 24.
08/23/2021	Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by American Civil Liberties Union, et al.
08/23/2021	Motion for leave to file amicus brief filed by Al Otro Lado.
08/23/2021	Motion for leave to file amici brief filed by Non-Profit Organizations and Former Immigration Judges.
08/24/2021	Response to application from respondent State of Texas, et al. filed.
08/24/2021	Reply of applicant Joseph R. Biden, et al. filed.
08/24/2021	Motion for leave to file amici brief filed by Indiana, et al.
08/24/2021	Motion for leave to file amicus brief filed by Immigration Reform Law Institute.
08/24/2021	Application (21A21) referred to the Court.
08/24/2021	Application (21A21) denied by the Court. The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious. See Department of Homeland Security v. Regents of Univ. of Cal., 591 U. S. ___ (2020) (slip op., at 912, 17-26). Our order denying the Government’s request for a stay of the District Court injunction should not be read as affecting the construction of that injunction by the Court of Appeals. Justice Breyer, Justice Sotomayor, and Justice Kagan would grant the application.