Skip to main content

Biden v. Sierra Club

Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 9th Circuit with instructions to direct the district court to vacate its judgments, on October 4, 2021

Docket No.20-685
Op. Below9th Cir.
SCOTUS Page

Issue

(1) Whether the Sierra Club has a cognizable cause of action to obtain review of the secretary of defense"s compliance with 10 U.S.C. § 2808 in reprioritizing appropriated but unobligated funds for the military construction projects involving border barriers being authorized; and (2) whether the secretary exceeded his statutory authority under Section 2808 in reprioritizing appropriated funds for the military construction projects following the president"s declaration of a national emergency requiring the use of the armed forces at the southern border.

Proceedings & orders timeline

Nov 17, 2020
Petition for a writ of certiorari filed. (Response due December 17, 2020)Dec 2, 2020
Motion of the Sierra Club, et al. to extend the time to file a response from December 17, 2020 to January 19, 2021, submitted to The Clerk.Dec 2, 2020
Motion of the State of California to extend the time to file a response from December 17, 2020 to January 19, 2021, submitted to The Clerk.
Dec 3, 2020
The motions to extend the time to file responses are granted and the time is extended to and including January 19, 2021, for all respondents.
Dec 17, 2020
Brief amicus curiae of Rep. Andy Barr filed.Jan 7, 2021
Motion to extend the time to file a response from January 19, 2021 to February 18, 2021, submitted to The Clerk.
Jan 8, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including February 18, 2021, for all respondents.
Feb 9, 2021
Motion to extend the time to file a response from February 18, 2021 to May 19, 2021, submitted to The Clerk.
Feb 10, 2021
Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021, for all respondents.
May 6, 2021
Motion to extend the time to file a response from May 19, 2021 to July 18, 2021, submitted to The Clerk.
May 7, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including July 19, 2021, for all respondents.
Jul 19, 2021
Brief of respondents Sierra Club, Southern Border Communities Coalition in opposition filed.Jul 19, 2021
Brief of respondents State of California, et al. in opposition filed.Aug 3, 2021
Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al., et al. filed. (Distributed)
Aug 4, 2021
DISTRIBUTED for Conference of 9/27/2021.
Oct 4, 2021
Petition GRANTED. Judgment VACATED and case REMANDED with instructions to direct the District Court to vacate its judgments. The District Court should consider what further proceedings are necessary and appropriate in light of the changed circumstances in this case.
Nov 5, 2021
JUDGMENT ISSUED.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.