Supreme Court of the United States · Official docket →
Joseph R. Biden, Jr., President of the United States, et al., Applicants v. Missouri, et al.
Application · United States Court of Appeals for the Eighth Circuit, No. 21-3725
Application granted · January 13, 2022
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Drew Curtis Ensign
Office of the Attorney General
Case
Conference history
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Argument & decision
Argued January 7, 2022 — Brian H. Fletcher · Jesus A. Osete · Elizabeth Murrill. Audio and transcript
Decided January 13, 2022. Opinion by Per Curiam.
Proceedings
- Jan 13 2022The applications for stay presented to JUSTICE ALITO (21A241) and JUSTICE KAVANAUGH (21A240) and by them referred to the Court are granted. The District Court for the Eastern District of Missouri’s November 29, 2021, order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Eighth Circuit and the disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. The District Court for the Western District of Louisiana’s November 30, 2021, order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Fifth Circuit and the disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Opinion per curiam. Thomas, J., filed a dissenting opinion, in which Alito, Gorsuch and Barrett, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, Gorsuch and Barrett, JJ., joined. VIDED.
- Jan 07 2022Argued. For applicants in 21A240 and 21A241: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents in 21A240: Jesus A. Osete, Deputy Attorney General, Jefferson City, Mo. For respondents in 21A241: Elizabeth Murrill, Solicitor General, Baton Rouge, La. VIDED.
- Jan 03 2022Reply of applicants Joseph R. Biden, et al. filed. VIDED.
- Jan 03 2022Motion for leave to file amicus curiae brief filed by Reliant Care Mangement Company, L.L.C. VIDED.
- Jan 03 2022Motion for leave to file amici curiae brief filed by Doctors for Disaster Preparedness and Eagle Forum Education & Legal Defense Fund.
- Dec 30 2021Motion for divided argument filed by respondents GRANTED. VIDED.
- Dec 30 2021Response to application from respondent Missouri, et al. filed.
- Dec 30 2021Response to application from respondents Louisiana, et al. filed. VIDED.
- Dec 30 2021Motion for leave to file amici curiae brief filed by Baptist Homes & Healthcare Ministries, et al.
- Dec 28 2021Motion for divided argument filed by respondents. VIDED.
- Dec 27 2021Motion for leave to file amici curiae brief filed by Former Secretaries of Health and Human Services, et al. VIDED.
- Dec 23 2021Because the Court has consolidated these applications for oral argument, future filings and activity in 21A240 and 21A241 will now be reflected on the docket of No. 21A240. Subsequent filings must therefore be submitted through the electronic filing system in No. 21A240. Any document submitted in connection with either of these applications must include on its cover the application number and caption for each application in which the filing is intended to be submitted. Where a filing is submitted in only one application, the docket entry will reflect that; a document filed in both applications will be noted as “VIDED.”
- Dec 23 2021Replies, if any, shall be filed by 10 a.m., Monday, January 3, 2022. VIDED.
- Dec 23 2021Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED.
- Dec 22 2021Application (21A240) referred to the Court.
- Dec 22 2021Consideration of the application (21A240) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. Consideration of the application (No. 21A241) for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022.
- Dec 22 2021Motion for leave to file amici curiae brief filed by Service Employees International Union, et al.
- Dec 21 2021Motion for leave to file amici curiae brief filed by American Medical Association, et al.
- Dec 17 2021Response to application (21A240) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021.
- Dec 16 2021Application (21A240) for a stay, submitted to Justice Kavanaugh.