Supreme Court of the United States · Official docket →
United States, et al. v. Texas, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-40367
46%
estimated cert probability
(petition-stage, structural)
(petition-stage, structural)
95% interval 32%–61%
Conference-stage estimate: 81%
GVR risk 1%
About 11.3× the 4.1% base rate. The model weights this up for a federal-government petitioner and counsel who has won certiorari before.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Judd Edward Stone II
Texas Attorney General's Office
Case
Conference history
Distributed for 1 conference
Amicus briefs
13 merits
(9 supporting pet./neither, 4 respondent)
Linked docket
22A17
Argument & decision
Argued November 29, 2022 — Elizabeth B. Prelogar · Judd E. Stone. Audio and transcript
Decided June 23, 2023. Opinion by Kavanaugh.
Proceedings
- Jul 31 2023Amended judgment issued.
- Jul 25 2023Judgment issued.
- Jul 03 2023Record returned to 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.
- Jan 09 2023Record received from U.S.D.C.-Southern District of Texas (three CDs).
- 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.
- Nov 21 2022Motion for leave to intervene filed by Sheriff Brad Coe, et al. DENIED.
- Nov 17 2022Reply of petitioners United States, et al. filed. (Distributed)
- Nov 15 2022Reply on motion to intervene of Sheriff Brad Coe, et al. filed. (Distributed)
- Nov 03 2022Response in opposition to motion for leave to intervene from petitioners United States, et al. filed. (Distributed)
- Nov 02 2022Motion DISTRIBUTED for Conference of 11/18/2022.
- 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.
- 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 24 2022Motion for leave to intervene filed by Sheriff Brad Coe, et al.
- Oct 18 2022SET FOR ARGUMENT on Tuesday, November 29, 2022.
- Oct 18 2022Brief of respondents Texas, 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.
- Sep 16 2022Brief amici curiae of Immigrant and Civil Rights Organizations, et al. filed.
- Sep 13 2022Blanket Consent filed by Petitioner, United States, et al.
- Sep 12 2022Brief of petitioners United States, et al. filed.
- Sep 12 2022Joint appendix filed.
- Sep 08 2022Blanket Consent filed by Respondent, Texas, et al.
- 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.
- Aug 19 2022Motion for an extension of time to file the briefs on the merits 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.
- Jul 14 2022Reply of applicants United States, et al. filed.
- 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 08 2022Application (22A17) for a stay, submitted to Justice Alito.
- Jul 08 2022Petition for a writ of certiorari before judgment filed.
- Jul 08 2022Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022.