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Biden v. Sierra Club

Docket No. Op. Below Argument Opinion Vote Author Term
20-138 9th Cir. TBD TBD TBD TBD OT 2020

Issues: (1) Whether respondents have a cognizable cause of action to obtain review of the acting secretary of defense’s compliance with a proviso in Section 8005 of the Department of Defense Appropriations Act that the secretary’s authority to transfer funds internally between DOD appropriations accounts “may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress”; and (2) whether in 2019 the acting secretary exceeded his statutory authority under Section 8005 by transferring approximately $2.5 billion in response to a request from the Department of Homeland Security for counterdrug assistance under 10 U.S.C. 284, including in the form of construction of fences along the southern border of the United States.

DateProceedings and Orders (key to color coding)
Aug 07 2020Petition for a writ of certiorari filed. (Response due September 8, 2020)
Sep 01 2020Letter of September 1, 2020 from the Acting Solicitor General filed.
Sep 01 2020Motion of respondents California and New Mexico to extend the time to file a response from September 8, 2020 to September 16, 2020, submitted to The Clerk.
Sep 02 2020Response to motion from petitioner Donald J. Trump, President of the United States, et al. filed.
Sep 02 2020Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2020, for all respondents.
Sep 08 2020Brief amicus curiae of Landmark Legal Foundation filed.
Sep 08 2020Brief amicus curiae of Rep. Andy Barr filed.
Sep 08 2020Brief amicus curiae of The American Center for Law and Justice filed.
Sep 16 2020Brief of respondents Sierra Club & Southern Border Communities Coalition in opposition filed. (Distributed)
Sep 16 2020Brief of respondents California and New Mexico in opposition filed. (Distributed)
Sep 17 2020Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
Sep 23 2020DISTRIBUTED for Conference of 10/9/2020.
Sep 24 2020Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)
Oct 13 2020DISTRIBUTED for Conference of 10/16/2020.
Oct 19 2020Petition GRANTED.
Nov 13 2020Motion for an extension of time to file the briefs on the merits filed.
Nov 24 2020Motion 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 December 8, 2020. The time to file respondents' briefs on the merits is extended to and including January 12, 2021.
Dec 08 2020Joint appendix filed. (Statement of costs filed 5/12/21).
Dec 08 2020Brief of petitioners Donald J. Trump, President of the United States, et al. filed.
Dec 15 2020Brief amicus curiae of Landmark Legal Foundation filed.
Dec 15 2020Brief amicus curiae of The American Center for Law and Justice filed.
Dec 15 2020Brief amicus curiae of Rep. Andy Barr filed.
Dec 31 2020SET FOR ARGUMENT on Monday, February 22, 2021
Jan 06 2021Blanket Consent filed by Petitioner, Donald J. Trump, President of the United States, et al.
Jan 12 2021Brief of respondents Sierra Club & Southern Border Communities Coalition filed. (Distributed)
Jan 12 2021Brief of respondents States of California and New Mexico filed. (Distributed)
Jan 14 2021CIRCULATED
Jan 18 2021Brief amicus curiae of The Rutherford Institute filed. (Distributed)
Jan 18 2021Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
Jan 19 2021Motion for divided argument filed by respondents.
Jan 19 2021Brief amicus curiae of Rio Grande Landowners Coalition filed. (Distributed)
Jan 19 2021Brief amici curiae of Defenders of Wildlife et al., filed. (Distributed)
Jan 19 2021Brief amici curiae of Former Members of Congress filed. (Distributed)
Jan 19 2021Brief amicus curiae of Tohono O'odham Nation filed. (Distributed)
Jan 19 2021Brief amici curiae of 87 Religious Organizations filed. (Distributed)
Jan 19 2021Brief amici curiae of Federal Courts Scholars filed. (Distributed)
Jan 19 2021Brief amicus curiae of United States House of Representatives filed. (Distributed)
Jan 19 2021Brief amicus curiae of The Cato Institute filed. (Distributed)
Jan 22 2021CIRCULATED
Jan 25 2021Motion for divided argument filed by respondents GRANTED.
Jan 25 2021Record requested from the U.S.C.A. 9th Circuit.
Jan 28 2021Record from the U.S.C.A. 9th Circuit electronic and located on Pacer.
Feb 01 2021Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar filed by petitioners. (Distributed)
Feb 03 2021Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar GRANTED.
Apr 30 2021Letter from the Acting Solicitor General notifying the Court of the April 30, 2021, memorandum of the Deputy Secretary of Defense, filed. (Distributed)
Jun 11 2021Motion to vacate and remand filed by petitioners.
Jun 18 2021Response in opposition to motion to vacate and remand from respondent Sierra Club & Southern Border Communities Coalition filed.
Jun 18 2021Response to motion from respondents States of California and New Mexico filed.
Jun 22 2021Reply of Joseph R. Biden, Jr., President of the United States, et al. submitted.
Jul 02 2021The motion to vacate the judgment is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to direct the District Court to vacate its judgments. The District Court should consider what further proceedings are necessary and appropriate in light of the changed circumstances in this case.