|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.
|Date||Proceedings and Orders |
|Aug 20 2021||Application (21A21) for a stay, submitted to Justice Alito.|
|Aug 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.|
|Aug 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.|
|Aug 23 2021||Motion for leave to file amicus brief filed by Al Otro Lado.|
|Aug 23 2021||Motion for leave to file amici brief filed by Non-Profit Organizations and Former Immigration Judges.|
|Aug 24 2021||Response to application from respondent State of Texas, et al. filed.|
|Aug 24 2021||Reply of applicant Joseph R. Biden, et al. filed.|
|Aug 24 2021||Motion for leave to file amici brief filed by Indiana, et al.|
|Aug 24 2021||Motion for leave to file amicus brief filed by Immigration Reform Law Institute.|
|Aug 24 2021||Application (21A21) referred to the Court.|
|Aug 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.|
As a lawyer, Leondra Kruger argued 12 cases at the U.S. Supreme Court. As a California Supreme Court justice, she has a liberal-leaning record but has sometimes voted with more conservative colleagues in divided cases. Here's @AHoweBlogger's profile:
Profile of a potential nominee: Leondra Kruger - SCOTUSblog
During a 2020 Democratic presidential primary debate, then-candidate Joe Biden pledged that, if elected, he would nomi...
Two candidates to replace Breyer stand apart: Leondra Kruger and Ketanji Brown Jackson. Kruger is six years younger. Jackson recently underwent a Senate confirmation. And the role of Ron Klain, Biden's chief of staff, may be pivotal.
How Biden will choose the next Supreme Court nominee - SCOTUSblog
With today’s reporting that Justice Stephen Breyer intends to retire, we now kick off our analysis of potentia...
Stephen Breyer wrote major opinions favoring abortion rights, demarcating the separation of powers, and rejecting a challenge to Obamacare. In his later years, he questioned the constitutionality of the death penalty. Our retrospective, via @AHoweBlogger:
Stephen Breyer, pragmatic liberal, will retire at end of term - SCOTUSblog
Justice Stephen Breyer, a devoted pragmatist and the senior member of the Supreme Court’s liberal wing, will r...
BREAKING: Per @PeteWilliamsNBC of @NBCNews, Justice Stephen Breyer is retiring. The 83-year-old Breyer, a pragmatic liberal who has served on the Supreme Court for nearly 28 years, is expected to tell the White House imminently of his intention to step down.
NEWS: Supreme Court Justice Breyer to retire, @PeteWilliamsNBC reporting live on @NBCNews Special Report
A rule that allows SCOTUS to hear cases before appeals courts weigh in used to be very rare. But in the past three years, it's become far more common. And the justices haven't said why.
@steve_vladeck explains the resurgent writ of "cert before judgment."
The rise of certiorari before judgment - SCOTUSblog
For obvious reasons, the Supreme Court’s decision on Monday to grant certiorari in a pair of cases challenging...
Sonia Sotomayor appeared this morning on @TODAYshow to promote her new children's book, "Just Help!: How to Build a Better World." She spoke briefly about the public's perception of the court. Here's the interview: https://www.today.com/video/justice-sotomayor-on-new-book-supreme-court-s-credibility-loss-of-her-mother-131639365722