Breaking News
Enter your email address to subscribe to updates to this case (by doing so, you are accepting the terms in our privacy policy):

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.

DateProceedings and Orders (key to color coding)
Dec 29 2021Petition for a writ of certiorari filed. (Response due January 28, 2022)
Jan 18 2022Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.
Jan 19 2022Response to motion to extend the time to file a response filed.
Jan 19 2022Motion to extend the time to file a response DENIED.
Jan 28 2022Waiver of the 14-day waiting period for distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
Jan 28 2022Brief of respondents Texas, et al. in opposition filed.
Feb 02 2022DISTRIBUTED for Conference of 2/18/2022.
Feb 02 2022Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Feb 18 2022Petition 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.
Mar 08 2022Blanket Consent filed by Petitioner, Joseph R. Biden, Jr., President of the United States, et al.
Mar 14 2022Blanket Consent filed by Respondent, Texas
Mar 14 2022Brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed.
Mar 14 2022Joint appendix filed.
Mar 15 2022ARGUMENT SET FOR Tuesday, April 26, 2022.
Mar 16 2022Record requested from the U.S.C.A. 5th Circuit.
Mar 18 2022Brief amicus curiae of Public Citizen filed.
Mar 18 2022Brief amicus curiae of Professor Benjamin Eidelson filed.
Mar 21 2022Brief amici curiae of Bipartisan Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service filed.
Mar 21 2022Brief amici curiae of Former DHS Secretary Jeh C. Johnson and Former Ambassador to Mexico Roberta S. Jacobson filed.
Mar 21 2022Brief amici curiae of State of Illinois, et al. filed.
Mar 21 2022Brief amicus curiae of Center for Immigration Law and Policy, UCLA School of Law filed.
Mar 21 2022Brief amici curiae of The Border Project and the National Immigrant Justice Center filed.
Mar 21 2022Brief amici curiae of Administrative Law Professors filed.
Mar 21 2022Brief amici curiae of 61 Immigration Advocacy and Legal Service Organizations filed.
Mar 21 2022Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
Mar 21 2022Brief amici curiae of 25 Cities and Counties filed.
Mar 23 2022Record from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Mar 23 2022Record received from the U.S.D.C. Northern District of Texas (Amarillo) has been electronically filed.
Mar 23 2022CIRCULATED
Apr 07 2022Brief of respondent Texas filed. (Distributed)
Apr 14 2022Brief amicus curiae of Center for Immigration Studies filed. (Distributed)
Apr 14 2022Brief amici curiae of Indiana, et al. filed. (Distributed)
Apr 14 2022Brief amicus curiae of Advocates for Victims of Illegal Alien Crime filed. (Distributed)
Apr 14 2022Brief amicus curiae of Landmark Legal Foundation filed. (Distributed)
Apr 14 2022Brief amicus curiae of America First Legal Foundation filed. (Distributed)
Apr 14 2022Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
Apr 14 2022Brief amicus curiae of Advancing American Freedom filed. (Distributed)
Apr 19 2022Reply of petitioner Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Apr 25 2022Letter from the Solicitor General noting statistical corrections to reports cited in their petition filed. (Distributed)
Apr 26 2022Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
May 02 2022The 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.
May 05 2022Supplemental amicus curiae brief of Immigration Reform Law Institute filed. (Distributed)
May 09 2022Supplemental brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
May 09 2022Supplemental brief of respondents Texas, et al. filed. (Distributed)
May 09 2022Supplemental amici curiae brief of Indiana, et al. filed. (Distributed)
May 09 2022Supplemental amicus curiae brief of America First Legal Foundation filed. (Distributed)
May 09 2022Supplemental amicus curiae brief of National Immigrant Justice Center filed. (Distributed)
May 09 2022Supplemental amicus curiae brief of American Civil Liberties Union in support of neither party filed. (To Be Recovered) (Distributed)
May 09 2022Supplemental amicus curiae brief of Public Citizen filed. (Distributed)
May 13 2022Supplemental reply brief for respondents Texas, et al. filed. (Distributed)
May 13 2022Supplemental reply brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Jun 06 2022Letter from the Solicitor General providing update regarding statistical corrections to reports cited in their petition filed. (Distributed)