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Biden v. Sierra Club

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Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 9th Circuit with instructions to direct the district court to vacate its judgments, on October 4, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-685 9th Cir. N/A N/A N/A N/A OT 2021

Issues: (1) Whether the Sierra Club has a cognizable cause of action to obtain review of the secretary of defense’s compliance with 10 U.S.C. § 2808 in reprioritizing appropriated but unobligated funds for the military construction projects involving border barriers being authorized; and (2) whether the secretary exceeded his statutory authority under Section 2808 in reprioritizing appropriated funds for the military construction projects following the president’s declaration of a national emergency requiring the use of the armed forces at the southern border.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 17 2020Petition for a writ of certiorari filed. (Response due December 17, 2020)
Dec 02 2020Motion of the Sierra Club, et al. to extend the time to file a response from December 17, 2020 to January 19, 2021, submitted to The Clerk.
Dec 02 2020Motion of the State of California to extend the time to file a response from December 17, 2020 to January 19, 2021, submitted to The Clerk.
Dec 03 2020The motions to extend the time to file responses are granted and the time is extended to and including January 19, 2021, for all respondents.
Dec 17 2020Brief amicus curiae of Rep. Andy Barr filed.
Jan 07 2021Motion to extend the time to file a response from January 19, 2021 to February 18, 2021, submitted to The Clerk.
Jan 08 2021Motion to extend the time to file a response is granted and the time is further extended to and including February 18, 2021, for all respondents.
Feb 09 2021Motion to extend the time to file a response from February 18, 2021 to May 19, 2021, submitted to The Clerk.
Feb 10 2021Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021, for all respondents.
May 06 2021Motion to extend the time to file a response from May 19, 2021 to July 18, 2021, submitted to The Clerk.
May 07 2021Motion to extend the time to file a response is granted and the time is further extended to and including July 19, 2021, for all respondents.
Jul 19 2021Brief of respondents Sierra Club, Southern Border Communities Coalition in opposition filed.
Jul 19 2021Brief of respondents State of California, et al. in opposition filed.
Aug 03 2021Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al., et al. filed. (Distributed)
Aug 04 2021DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021Petition GRANTED. Judgment VACATED and case REMANDED 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.