United States v. Texas

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-588	5th Cir.	Nov 1, 2021	Dec 10, 2021	N/A	Per Curiam	OT 2021

Holding: The writ of certiorari is dismissed as improvidently granted and the application to vacate stay presented to Justice Alito and by him referred to the court is denied.

Judgment: Dismissed as improvidently granted in a per curiam opinion on December 10, 2021. Justice Sotomayor dissents.

SCOTUSblog Coverage

Court sends Texas abortion case back to 5th Circuit, rejecting challengers request to return case to district judge (Amy Howe, December 16, 2021)
Court leaves Texas six-week abortion ban in effect and narrows abortion providers challenge (Amy Howe, December 10, 2021)
Court seems inclined to let abortion providers pursue their challenge to Texas law (Amy Howe, November 1, 2021)
Two cases. Three hours of arguments. Four sets of lawyers. Fifty mentions of abortion. One pair of red socks. (Mark Walsh, November 1, 2021)
Supreme Court set to hear arguments in two challenges to Texas law that bans most abortions (Amy Howe, October 29, 2021)
Supreme speed: The court puts abortion on the rocket docket (Mary Ziegler, October 25, 2021)
Court wont block Texas abortion ban but fast-tracks cases for argument on Nov. 1 (Amy Howe, October 22, 2021)
Texas tells justices to leave abortion plan in place, but suggests overruling Roe and Casey (Amy Howe, October 21, 2021)
Biden administration asks justices to block enforcement of Texas abortion law (Amy Howe, October 18, 2021)

Date	Proceedings and Orders (key to color coding)
10/18/2021	Application (21A85) to vacate stay, submitted to Justice Alito.
10/18/2021	Petition for a writ of certiorari before judgment filed. (Response due November 22, 2021)
10/18/2021	Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.
10/18/2021	Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Massachusetts, et al.
10/18/2021	Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al.
10/19/2021	Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars.
10/19/2021	Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Medical Organizations.
10/19/2021	Motion for leave to file amicus brief filed by Constitutional Accountability Center.
10/19/2021	Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al.
10/19/2021	Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al.
10/20/2021	Motion for leave to file amicus brief filed by Texas Medical Association.
10/20/2021	Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Human Coalition, et al.
10/21/2021	Response to application from respondent Texas filed.
10/21/2021	Response to application from Erick Graham, et al. filed.
10/21/2021	Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Indiana, et al.
10/22/2021	Reply of applicant United States filed.
10/22/2021	Application (21A85) referred to the Court.
10/22/2021	Consideration of the application (21A85) to vacate stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The application is treated as a petition for a writ of certiorari before judgment (No. 21-588), and the petition is granted limited to the following question: May the United States bring suit in federal court and obtain injunctive or declaratory relief against the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced. The briefs of the parties in No. 21-588, limited to 13,000 words, are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Reply briefs, if any, limited to 6,000 words, are to be filed electronically on or before 5 p.m., Friday, October 29, 2021. Any amicus curiae briefs are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Booklet format briefs prepared in compliance with Rule 33.1 shall be submitted as soon as possible thereafter. The parties are not required to file a joint appendix. The case is set for oral argument on Monday, November 1, 2021. Justice Sotomayor, concurring in part and dissenting in part. (Detached opinion)
10/22/2021	ARGUMENT SET FOR Monday, November 1, 2021.
10/23/2021	Blanket Consent filed by Respondent, Texas
10/25/2021	Motion for divided argument filed by respondents.
10/25/2021	Blanket Consent filed by Petitioner, United States
10/26/2021	Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-463). VIDED. (Distributed)
10/26/2021	Brief amici curiae of Leading Medical Organizations filed (also in 21-463). VIDED. (Distributed)
10/26/2021	Motion for divided argument filed by respondents GRANTED.
10/26/2021	In lieu of filing separate briefs in both No. 21-463 and No. 21-588 (21A85), the state respondents may file a single opening brief, limited to 20,000 words, and a single reply brief, limited to 9,000 words. (Also in 21-463).
10/27/2021	Brief of petitioner United States filed. (Distributed)
10/27/2021	Consolidated brief of state respondents filed (also in 21-463). VIDED. (Distributed)
10/27/2021	Brief of private respondents filed. (Distributed)
10/27/2021	Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
10/27/2021	Brief amicus curiae of American Bar Association filed. (Distributed)
10/27/2021	Brief amici curiae of Legal Scholars filed (also in 21-463). VIDED. (Distributed)
10/27/2021	Brief amici curiae of Massachusetts, et al. filed (also in 21-463). VIDED. (Distributed)
10/27/2021	Brief amici curiae of Legal Scholars Leah Litman, et al. filed. (Distributed)
10/27/2021	Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction)
10/27/2021	Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction)
10/27/2021	Brief amicus curiae of Texas Medical Association filed. (Distributed)
10/27/2021	Brief amici curiae of Indiana, et al. filed. (Distributed)
10/27/2021	Brief amicus curiae of Blanca Telephone Company in support of neither party filed. (Distributed)
10/27/2021	Brief amici curiae of Local Governments filed (also in 21-463). VIDED. (Distributed)
10/27/2021	Brief amici curiae of 410 Texas Women Injured By Abortion, et al. filed. (Distributed)
10/27/2021	Brief amicus curiae of David Boyle filed. (Distributed)
10/27/2021	Brief amicus curiae of American Center for Law and Justice filed (also in 21-463). VIDED. (Distributed)
10/27/2021	Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-463). VIDED. (Distributed)
10/27/2021	Brief amici curiae of Planned Parenthood of Greater Texas Surgical Health Services, et al. filed. (Distributed)
10/27/2021	Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-463). VIDED. (Distributed)
10/27/2021	Main document of The Rogers Group not accepted for filing. (October 29, 2021)
10/27/2021	Record on appeal available on PACER. The USDC, W. District of Texas - transcript of October 1, 2021 hearing electronically received.
10/28/2021	Amicus of The Rogers Group not accepted for filing. (October 29, 2021)
10/29/2021	Reply brief of petitioner United States filed. (Distributed)
10/29/2021	Consolidated reply brief of state respondents filed (also in 21-463). VIDED. (Distributed)
10/29/2021	Reply brief of private respondents filed. (Distributed)
11/01/2021	21-588 (21A85) Argued. For petitioner: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For state respondent: Judd E. Stone, II, Solicitor General, Austin, Tex. For private respondents: Jonathan F. Mitchell, Austin, Tex.
12/10/2021	The application to vacate stay presented to Justice Alito and by him referred to the Court is denied. Justice Sotomayor would grant the application to vacate stay in No. 21A85 and dissents from the dismissal of No. 21-588 as improvidently granted.
12/10/2021	Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam. The application to vacate stay (21A85) presented to Justice Alito and by him referred to the Court is denied. Justice Sotomayor would grant the application to vacate stay in No. 21A85 and dissents from the dismissal of No. 21-588 as improvidently granted.
01/11/2022	JUDGMENT ISSUED.