U.S. v. Texas, No. 21-588 (2021-Nov-01)

QUESTION PRESENTED:

THE APPLICATION IS TREATED AS A PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGMENT, 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.

DateProceedings and Orders (key to color coding)
Oct 18 2021 | Application (21A85) to vacate stay, submitted to Justice Alito.
Oct 18 2021 | Petition for a writ of certiorari before judgment filed. (Response due November 22, 2021)
Oct 18 2021 | Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.
Oct 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.
Oct 18 2021 | Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al.
Oct 19 2021 | Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars.
Oct 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.
Oct 19 2021 | Motion for leave to file amicus brief filed by Constitutional Accountability Center.
Oct 19 2021 | Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al.
Oct 19 2021 | Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al.
Oct 20 2021 | Motion for leave to file amicus brief filed by Texas Medical Association.
Oct 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.
Oct 21 2021 | Response to application from respondent Texas filed.
Oct 21 2021 | Response to application from Erick Graham, et al. filed.
Oct 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.
Oct 22 2021 | Reply of applicant United States filed.
Oct 22 2021 | Application (21A85) referred to the Court.
Oct 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. Justice Sotomayor, concurring in part and dissenting in part. (Detached opinion)
Oct 22 2021 | The application (No. 21A85) is treated as a petition for a writ of certiorari before judgment, 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)
Oct 22 2021 | ARGUMENT SET FOR Monday, November 1, 2021.
Oct 23 2021 | Blanket Consent filed by Respondent, Texas
Oct 25 2021 | Motion for divided argument filed by respondents.
Oct 25 2021 | Blanket Consent filed by Petitioner, United States
Oct 26 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-463). VIDED. (Distributed)
Oct 26 2021 | Brief amici curiae of Leading Medical Organizations filed (also in 21-463). VIDED. (Distributed)
Oct 26 2021 | Motion for divided argument filed by respondents GRANTED.
Oct 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).
Oct 27 2021 | Brief of petitioner United States filed. (Distributed)
Oct 27 2021 |