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El Paso County, Texas v. Biden

Petition for certiorari before judgment denied on July 2, 2021.
Docket No. Op. Below Argument Opinion Vote Author Term
20-298 W.D. Tex. N/A N/A N/A N/A OT 2020

Issues: (1) Whether the executive branch’s expenditure of $2.5 billion on border-wall construction violates the Consolidated Appropriations Act and thus the Constitution's appropriations clause; and (2) whether the Department of Defense’s transfer of $2.5 billion between agency appropriations accounts violates Section 8005 of the DOD Appropriations Act and thus the Constitution's appropriations clause.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 02 2020Petition for a writ of certiorari before judgment filed. (Response due October 8, 2020)
Sep 30 2020Motion to extend the time to file a response from October 8, 2020 to November 9, 2020, submitted to The Clerk.
Oct 02 2020Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
Oct 29 2020Motion to extend the time to file a response from November 9, 2020 to November 17, 2020, submitted to The Clerk.
Oct 30 2020Motion to extend the time to file a response is granted and the time is further extended to and including November 17, 2020.
Nov 17 2020Brief of respondents Donald J. Trump, President of the United States, et al. in opposition filed.
Nov 20 2020Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
Nov 23 2020Reply of petitioners El Paso County, Texas, et al. filed. (Distributed)
Nov 24 2020DISTRIBUTED for Conference of 12/11/2020.
Dec 07 2020Supplemental brief of petitioners El Paso County, Texas, et al. filed. (Distributed)
Jul 02 2021Petition for a writ of certiorari before judgment DENIED.
Jul 27 2021Petition for Rehearing filed.
Aug 19 2021DISTRIBUTED.
Sep 10 2021Rehearing DENIED.