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Joseph R. Biden, Jr., President of the United States, et al. v. Sierra Club, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-17501, 19-17502, 20-15044 · judgment October 9, 2020
Before the decision, about 14.2× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and counsel who has won certiorari before.
Questions presented
If the President declares “a national emergency in accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed forces,” the Secretary of Defense has express statutory authority to “undertake military construction projects * * * not otherwise authorized by law that are necessary to support such use of the armed forces.” 10 U.S.C. 2808(a). “Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated.” Ibid. In 2019, following the President’s declaration of a national emergency requiring the use of the armed forces at the southern border, the then-Secretary of Defense authorized 11 military construction projects involving border barriers pursuant to Section 2808. The questions presented are as follows:
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Whether respondents have a cognizable cause of action to obtain review of the Secretary’s compliance with Section 2808 in reprioritizing appropriated but unobligated funds for the military construction projects being authorized.
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Whether the Secretary exceeded his statutory authority under Section 2808 in reprioritizing appropriated funds for the military construction projects being authorized.
Counsel of record
For petitioner
Brian H. Fletcher
Acting Solicitor General
For respondent
Joshua A. Klein
California Department of Justice - Office of the Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Nov 05 2021JUDGMENT ISSUED.
- Oct 04 2021Petition 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.
- Aug 04 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 03 2021Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al., et al. filed. (Distributed)
- Jul 19 2021Brief of respondents Sierra Club, Southern Border Communities Coalition in opposition filed.
- Jul 19 2021Brief of respondents State of California, et al. in opposition filed.
- May 07 2021Motion 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.
- May 06 2021Motion to extend the time to file a response from May 19, 2021 to July 18, 2021, submitted to The Clerk.
- Feb 10 2021Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021, for all respondents.
- Feb 09 2021Motion to extend the time to file a response from February 18, 2021 to May 19, 2021, submitted to The Clerk.
- Jan 08 2021Motion 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.
- Jan 07 2021Motion to extend the time to file a response from January 19, 2021 to February 18, 2021, submitted to The Clerk.
- Dec 17 2020Brief amicus curiae of Rep. Andy Barr filed.
- Dec 03 2020The 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 02 2020Motion 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 02 2020Motion 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.
- Nov 17 2020Petition for a writ of certiorari filed. (Response due December 17, 2020)