Supreme Court of the United States · Official docket →
United States v. Texas, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-50949 · judgment October 14, 2021
Decided · October 22, 2021
Pre-decision estimate: 84% cert probability (95% interval 75%–90%)
Before the decision, about 20.3× 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.
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. EXPEDITED BRIEFING. DISMISSED AS IMPROVIDENTLY GRANTED.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Judd Edward Stone II
Texas Attorney General's Office
Argument & decision
Decided October 22, 2021. Opinion by Per Curiam.
Proceedings
- Jan 11 2022JUDGMENT ISSUED.
- Dec 10 2021Writ 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.
- Nov 01 202121-588 (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.
- Oct 29 2021Reply brief of petitioner United States filed. (Distributed)
- Oct 29 2021Consolidated reply brief of state respondents filed (also in 21-463). VIDED. (Distributed)
- Oct 29 2021Reply brief of private respondents filed. (Distributed)
- Oct 28 2021Amicus of The Rogers Group not accepted for filing. (October 29, 2021)
- Oct 27 2021Brief of petitioner United States filed. (Distributed)
- Oct 27 2021Consolidated brief of state respondents filed (also in 21-463). VIDED. (Distributed)
- Oct 27 2021Brief of private respondents filed. (Distributed)
- Oct 27 2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
- Oct 27 2021Brief amicus curiae of American Bar Association filed. (Distributed)
- Oct 27 2021Brief amici curiae of Legal Scholars filed (also in 21-463). VIDED. (Distributed)
- Oct 27 2021Brief amici curiae of Massachusetts, et al. filed (also in 21-463). VIDED. (Distributed)
- Oct 27 2021Brief amici curiae of Legal Scholars Leah Litman, et al. filed. (Distributed)
- Oct 27 2021Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction)
- Oct 27 2021Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction)
- Oct 27 2021Brief amicus curiae of Texas Medical Association filed. (Distributed)
- Oct 27 2021Brief amici curiae of Indiana, et al. filed. (Distributed)
- Oct 27 2021Brief amicus curiae of Blanca Telephone Company in support of neither party filed. (Distributed)
- Oct 27 2021Brief amici curiae of Local Governments filed (also in 21-463). VIDED. (Distributed)
- Oct 27 2021Brief amici curiae of 410 Texas Women Injured By Abortion, et al. filed. (Distributed)
- Oct 27 2021Brief amicus curiae of David Boyle filed. (Distributed)
- Oct 27 2021Brief amicus curiae of American Center for Law and Justice filed (also in 21-463). VIDED. (Distributed)
- Oct 27 2021Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-463). VIDED. (Distributed)
- Oct 27 2021Brief amici curiae of Planned Parenthood of Greater Texas Surgical Health Services, et al. filed. (Distributed)
- Oct 27 2021Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-463). VIDED. (Distributed)
- Oct 27 2021Main document of The Rogers Group not accepted for filing. (October 29, 2021)
- Oct 27 2021Record on appeal available on PACER. The USDC, W. District of Texas - transcript of October 1, 2021 hearing electronically received.
- Oct 26 2021Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-463). VIDED. (Distributed)
- Oct 26 2021Brief amici curiae of Leading Medical Organizations filed (also in 21-463). VIDED. (Distributed)
- Oct 26 2021Motion for divided argument filed by respondents GRANTED.
- Oct 26 2021In 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 25 2021Motion for divided argument filed by respondents.
- Oct 25 2021Blanket Consent filed by Petitioner, United States
- Oct 23 2021Blanket Consent filed by Respondent, Texas
- Oct 22 2021Reply of applicant United States filed.
- Oct 22 2021Application (21A85) referred to the Court.
- Oct 22 2021Consideration 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)
- Oct 22 2021ARGUMENT SET FOR Monday, November 1, 2021.
- Oct 21 2021Response to application from respondent Texas filed.
- Oct 21 2021Response to application from Erick Graham, et al. filed.
- Oct 21 2021Motion 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 20 2021Motion for leave to file amicus brief filed by Texas Medical Association.
- Oct 20 2021Motion 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 19 2021Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars.
- Oct 19 2021Motion 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 2021Motion for leave to file amicus brief filed by Constitutional Accountability Center.
- Oct 19 2021Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al.
- Oct 19 2021Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al.
- Oct 18 2021Application (21A85) to vacate stay, submitted to Justice Alito.
- Oct 18 2021Petition for a writ of certiorari before judgment filed. (Response due November 22, 2021)
- Oct 18 2021Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.
- Oct 18 2021Motion 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 2021Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al.