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Biden v. Texas

Application for stay denied on Aug. 24, 2021. Justices Breyer, Sotomayor, and Kagan would grant the application.
Docket No. Op. Below Argument Opinion Vote Author Term
21A21 5th Cir. TBD TBD TBD TBD TBD

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.

DateProceedings and Orders (key to color coding)
Aug 20 2021Application (21A21) for a stay, submitted to Justice Alito.
Aug 20 2021Order 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 2021Motion 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 2021Motion for leave to file amicus brief filed by Al Otro Lado.
Aug 23 2021Motion for leave to file amici brief filed by Non-Profit Organizations and Former Immigration Judges.
Aug 24 2021Response to application from respondent State of Texas, et al. filed.
Aug 24 2021Reply of applicant Joseph R. Biden, et al. filed.
Aug 24 2021Motion for leave to file amici brief filed by Indiana, et al.
Aug 24 2021Motion for leave to file amicus brief filed by Immigration Reform Law Institute.
Aug 24 2021Application (21A21) referred to the Court.
Aug 24 2021Application (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.