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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

Issue: (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)
09/02/2020Petition for a writ of certiorari before judgment filed. (Response due October 8, 2020)
09/30/2020Motion to extend the time to file a response from October 8, 2020 to November 9, 2020, submitted to The Clerk.
10/02/2020Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
10/29/2020Motion to extend the time to file a response from November 9, 2020 to November 17, 2020, submitted to The Clerk.
10/30/2020Motion to extend the time to file a response is granted and the time is further extended to and including November 17, 2020.
11/17/2020Brief of respondents Donald J. Trump, President of the United States, et al. in opposition filed.
11/20/2020Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
11/23/2020Reply of petitioners El Paso County, Texas, et al. filed. (Distributed)
11/24/2020DISTRIBUTED for Conference of 12/11/2020.
12/07/2020Supplemental brief of petitioners El Paso County, Texas, et al. filed. (Distributed)
07/02/2021Petition for a writ of certiorari before judgment DENIED.
07/27/2021Petition for Rehearing filed.
08/19/2021DISTRIBUTED.
09/10/2021Rehearing DENIED.