Biden v. Texas

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-954	5th Cir.	Apr 26, 2022	Jun 30, 2022	5-4	Roberts	OT 2021

Holding: The government"s rescission of Migrant Protection Protocols did not violate Section 1225 of the Immigration and Nationality Act, and the then-Secretary of Homeland Security"s Oct. 29 memoranda constituted valid final agency action.

Judgment: Reversed and remanded, 5-4, in an opinion by Chief Justice Roberts on June 30, 2022. Justice Kavanaugh filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined. Justice Barrett filed a dissenting opinion, in which Justices Thomas, Alito, and Gorsuch joined as to all but the first sentence.

SCOTUSblog Coverage

Announcement of opinions for Thursday, June 30 (complete) (Angie Gou, June 30, 2022)
Divided court allows Biden to end Trump's remain in Mexico asylum policy (Amy Howe, June 30, 2022)
Court orders additional briefing in dispute over remain in Mexico policy (Amy Howe, May 3, 2022)
Tough questions for both sides in dispute over remain in Mexico policy (Amy Howe, April 26, 2022)
One of Trumps signature immigration policies is back before the Supreme Court (Amy Howe, April 25, 2022)
April argument calendar features cases on Trump-era asylum policy and praying football coach (Amy Howe, March 15, 2022)
Justices agree to review Bidens attempt to unwind Trump-era asylum policy (Amy Howe, February 18, 2022)
Remain in Mexico and Texas anti-abortion law (Andrew Hamm, January 7, 2022)

Date	Proceedings and Orders (key to color coding)
12/29/2021	Petition for a writ of certiorari filed. (Response due January 28, 2022)
01/18/2022	Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.
01/19/2022	Response to motion to extend the time to file a response filed.
01/19/2022	Motion to extend the time to file a response DENIED.
01/28/2022	Waiver of the 14-day waiting period for distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
01/28/2022	Brief of respondents Texas, et al. in opposition filed.
02/02/2022	DISTRIBUTED for Conference of 2/18/2022.
02/02/2022	Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
02/18/2022	Petition GRANTED. The case will be set for argument in the second week of the April 2022 argument session. Petitioners' brief on the merits is to be filed on or before Monday, March 14, 2022. Respondents' brief on the merits is to be filed on or before Thursday, April 7, 2022. The reply brief is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, April 20, 2022.
03/08/2022	Blanket Consent filed by Petitioner, Joseph R. Biden, Jr., President of the United States, et al.
03/14/2022	Blanket Consent filed by Respondent, Texas
03/14/2022	Brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed.
03/14/2022	Joint appendix filed. (Statement of cost filed.)
03/15/2022	ARGUMENT SET FOR Tuesday, April 26, 2022.
03/16/2022	Record requested from the U.S.C.A. 5th Circuit.
03/18/2022	Brief amicus curiae of Public Citizen filed.
03/18/2022	Brief amicus curiae of Professor Benjamin Eidelson filed.
03/21/2022	Brief amici curiae of Bipartisan Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service filed.
03/21/2022	Brief amici curiae of Former DHS Secretary Jeh C. Johnson and Former Ambassador to Mexico Roberta S. Jacobson filed.
03/21/2022	Brief amici curiae of State of Illinois, et al. filed.
03/21/2022	Brief amicus curiae of Center for Immigration Law and Policy, UCLA School of Law filed.
03/21/2022	Brief amici curiae of The Border Project and the National Immigrant Justice Center filed.
03/21/2022	Brief amici curiae of Administrative Law Professors filed.
03/21/2022	Brief amici curiae of 61 Immigration Advocacy and Legal Service Organizations filed.
03/21/2022	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
03/21/2022	Brief amici curiae of 25 Cities and Counties filed.
03/23/2022	Record from the U.S.C.A. 5th Circuit is electronic and located on PACER.
03/23/2022	Record received from the U.S.D.C. Northern District of Texas (Amarillo) has been electronically filed.
03/23/2022	CIRCULATED
04/07/2022	Brief of respondent Texas filed. (Distributed)
04/14/2022	Brief amicus curiae of Center for Immigration Studies filed. (Distributed)
04/14/2022	Brief amici curiae of Indiana, et al. filed. (Distributed)
04/14/2022	Brief amicus curiae of Advocates for Victims of Illegal Alien Crime filed. (Distributed)
04/14/2022	Brief amicus curiae of Landmark Legal Foundation filed. (Distributed)
04/14/2022	Brief amicus curiae of America First Legal Foundation filed. (Distributed)
04/14/2022	Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
04/14/2022	Brief amicus curiae of Advancing American Freedom filed. (Distributed)
04/19/2022	Reply of petitioner Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
04/25/2022	Letter from the Solicitor General noting statistical corrections to reports cited in their petition filed. (Distributed)
04/26/2022	Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
05/02/2022	The parties are directed to file supplemental briefs addressing the following questions: (1) Whether 8 U. S. C. §1252(f)(1) imposes any jurisdictional or remedial limitations on the entry of injunctive relief, declaratory relief, or relief under 5 U. S. C. §706. (2) Whether such limitations are subject to forfeiture. (3) Whether this Court has jurisdiction to consider the merits of the questions presented in this case. The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 5 p.m., Monday, May 9, 2022. Amicus curiae briefs, not to exceed 3,000 words, may be filed with the Clerk and served upon counsel on or before 5 p.m., Monday, May 9, 2022. Reply briefs, not to exceed 3,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 5 p.m., Friday, May 13, 2022.
05/05/2022	Supplemental amicus curiae brief of Immigration Reform Law Institute filed. (Distributed)
05/09/2022	Supplemental brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
05/09/2022	Supplemental brief of respondents Texas, et al. filed. (Distributed)
05/09/2022	Supplemental amici curiae brief of Indiana, et al. filed. (Distributed)
05/09/2022	Supplemental amicus curiae brief of America First Legal Foundation filed. (Distributed)
05/09/2022	Supplemental amicus curiae brief of National Immigrant Justice Center filed. (Distributed)
05/09/2022	Supplemental amicus curiae brief of American Civil Liberties Union in support of neither party filed. (To Be Recovered) (Distributed)
05/09/2022	Supplemental amicus curiae brief of Public Citizen filed. (Distributed)
05/13/2022	Supplemental reply brief for respondents Texas, et al. filed. (Distributed)
05/13/2022	Supplemental reply brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
06/06/2022	Letter from the Solicitor General providing update regarding statistical corrections to reports cited in their petition filed. (Distributed)
06/30/2022	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Kavanaugh, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined as to all but the first sentence.
08/01/2022	JUDGMENT ISSUED