United States v. Texas
Holding
Texas and Louisiana lack Article III standing to challenge immigration-enforcement guidelines promulgated by the Secretary of Homeland Security that prioritize the arrest and removal of certain noncitizens from the United States.
Judgment
Reversed, 8-1, in an opinion by Brett Kavanaugh on Jun 23, 2023. Justice Gorsuch filed an opinion concurring in the judgment, in which Justices Thomas and Barrett joined. Justice Barrett filed and opinion concurring in the judgment, in which Justice Gorsuch joined. Justice Alito filed a dissenting opinion.
Jul 8, 2022Application (22A17) for a stay, submitted to Justice Alito.
Jul 8, 2022Petition for a writ of certiorari before judgment filed.
Jul 8, 2022Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022.
Jul 13, 2022Response to application from respondents Texas, et al. filed.Jul 13, 2022Motion for leave to file amicus brief filed by Arizona, Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Kentucky, Indiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming.Jul 13, 2022Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck.Jul 13, 2022Motion for leave to file amicus brief filed by Immigration Reform Law Institute.Jul 14, 2022Reply of applicants United States, et al. filed.Jul 21, 2022Application (22A17) referred to the Court.
Jul 21, 2022Application (22A17) denied by the Court. The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; 2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2).
The case will be set for argument in the first week of the December 2022 argument session.
Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would grant the application for stay.
Aug 19, 2022Motion for an extension of time to file the briefs on the merits filed.Aug 23, 2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 12, 2022. The time to file respondents' brief on the merits is extended to and including October 18, 2022.
Sep 8, 2022Blanket Consent filed by Respondent, Texas, et al.Sep 12, 2022Brief of petitioners United States, et al. filed.Sep 12, 2022Joint appendix filed.Sep 13, 2022Blanket Consent filed by Petitioner, United States, et al.Sep 16, 2022Brief amici curiae of Immigrant and Civil Rights Organizations, et al. filed.Sep 19, 2022Brief amici curiae of Administrative Law Professors filed.Sep 19, 2022Amicus brief of Stephen I. Vladeck not accepted for filing. (Corrected version to be submitted - September 21, 2022).
Sep 19, 2022Brief amicus curiae of Stephen I. Vladeck filed. (Sept. 23, 2022)Sep 19, 2022Brief amici curiae of New York, et al. filed.Sep 19, 2022Brief amici curiae of 21 Cities, Counties, and Local Government Organizations filed.Sep 19, 2022Brief amici curiae of Former Officials of the Department of Homeland Security, et al. filed.Sep 19, 2022Brief amici curiae of The American Civil Liberties Union, et al. filed.Sep 19, 2022Brief amici curiae of National Immigrant Justice Center, et al. filed.Sep 19, 2022Brief amicus curiae of Public Citizen filed.Oct 18, 2022SET FOR ARGUMENT on Tuesday, November 29, 2022.
Oct 18, 2022Brief of respondents Texas, et al. filed.Oct 24, 2022Motion for leave to intervene filed by Sheriff Brad Coe, et al.Oct 25, 2022Brief amicus curiae of Florida filed. (Distributed)Oct 25, 2022Brief of Texas Sheriffs and Counties and the Federal Police Foundation, ICE Officers Division, as Movants for Intervention Or, Alternatively, as Amici Curiae in Support of Respondents and Affirmance of Sheriff Brad Coe, et al. not accepted for filing. (October 27, 2022--Corrected brief as amici curiae to be submitted.)
Oct 25, 2022Brief amici curiae of Texas Sheriffs, et al. filed.(Distributed)Oct 25, 2022CIRCULATED.
Oct 25, 2022Brief amicus curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. (Distributed)Oct 25, 2022Brief amici curiae of Arizona, et al. filed. (Distributed)Oct 28, 2022Record requested from the U.S.C.A. 5th Circuit.
Oct 28, 2022Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.
Nov 2, 2022Motion DISTRIBUTED for Conference of 11/18/2022.
Nov 3, 2022Response in opposition to motion for leave to intervene from petitioners United States, et al. filed. (Distributed)Nov 15, 2022Reply on motion to intervene of Sheriff Brad Coe, et al. filed. (Distributed)Nov 17, 2022Reply of petitioners United States, et al. filed. (Distributed)Nov 21, 2022Motion for leave to intervene filed by Sheriff Brad Coe, et al. DENIED.
Nov 29, 2022Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General,
Austin, Tex.
Jan 9, 2023Record received from U.S.D.C.-Southern District of Texas (three CDs).
Jun 23, 2023Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas and Barrett, JJ., joined. Barrett, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Alito, J., filed a dissenting opinion.
Jul 3, 2023Record returned to U.S.D.C.-Southern District of Texas (three CDs).
Jul 25, 2023Judgment issued.
Jul 31, 2023Amended judgment issued.Recommended Citation: United States v. Texas, SCOTUSblog, https://www.scotusblog.com/cases/united-states-v-texas-5/