Transition 2020-2021

Here’s a summary of health-related litigation where there’s a Trump to Biden transition underway, or a possible transition; I’ll try to update the summary when needed.

transition-update-10-30-21


Also, here is a link to Kaiser’s “interactive tool of significant health policies implemented by the Trump administration using its own authority — executive orders, agency guidance or formal regulations,” which Kaiser is also using to track “Biden administration and court actions.”

How Much of Trump’s Health Agenda Has Biden Undone?

Links to pre-January-20 cases where a transition is underway

The Global Challenge, see https://affordablecareactlitigation.com/a-global-challenge/

The challenges to the Trump Administration association health plan regulations, see https://affordablecareactlitigation.com/whittling-away/

The challenges to the 2018/19 Trump Administration notice of benefit and policy parameters, see https://affordablecareactlitigation.com/whittling-away/

The challenges to the Trump Administration short-term limited-duration regulations, see https://affordablecareactlitigation.com/whittling-away/

The challenges to the Trump Administration 1557 regulations, see https://affordablecareactlitigation.com/aca-enforcement-directly-and-1557/

The challenges to the Trump Administration religious and moral objections regulations, see https://affordablecareactlitigation.com/religious-and-moral/

The challenges to the Trump Administration 1303 regulations, see https://affordablecareactlitigation.com/religious-and-moral/

The challenges to the Trump Administration Title X regulations, see https://affordablecareactlitigation.com/title-x-program-integrity/

The challenges to the Trump Administration statutory conscience protections, see https://affordablecareactlitigation.com/statutory-conscience-rights/

The challenges to the Trump Administration 1115 “community engagement” policies, see https://affordablecareactlitigation.com/1115-medicaid-waivers-community-engagement/

The challenges (if any) to the Trump Administration’s Medicaid block grant policies, see https://affordablecareactlitigation.com/medicaid-1115-block-grant-waivers/

The challenge to the Trump Administration’s 1332 policies, in the form of the complaint against Georgia’s 1332 waiver, see https://affordablecareactlitigation.com/1332-2/

The Trump to Biden Notice of Benefit and Payment Parameters Trilogy, January 19, March 5, and June 28, 2021

86 Fed. Reg. 6138 (Jan. 19, 2021)

2021-01175

86 Fed. Reg. 24,140 (May 5, 2021)

2021-09102

86 Fed. Reg. [] (June 28, 2021)

non Federal Register version

2021-13993

Non-ACA cases:

West Virginia v. EPA, No. 20-1530 (U.S., June 30, 2022)

20-1530_n758

===

The sunset rule case, County of Santa Clara v. U.S. D.H.H.S., No. 5:21-cv-1655 (N.D. Cal.), filed March 18, 2021

County-of-Santa-Clara-et-al.-v.-HHS-et-al.-Complaint-3.9.21

Stipulation for stay, April 21, 2021

file0.720886914097843

Stay order, April 22, 2021

file0.589722448299778

Joint status report and motion for continued stay, July 30, 2021

Sunset unop stay mo 7 30

Continued stay order, July 30, 2021

Sunset continued stay order 7 30

The challenge to the SNAP work requirements no-waiver policy, see D.C./Bread for the City v. Dep’t of Agriculture, 1:20-cv-119 (D. D.C.), appeals, Nos. 20-5136 and 20-5371 (D.C. Cir.), https://affordablecareactlitigation.com/miscellaneous-aca-litigation/

The challenges to the Biden Administration deportation pause

A quick incomplete summary, which I’ll try to keep updated:

unworthy-immigration-agreements-litigation-6-15

And the cases:

6:21-cv-3 (S.D. Tex.)

6:21-cv-16 (S.D. Tex.)

2:21-cv-186 (D. Ariz.)

see also 2:21-cv-446 (D. Ariz)

8:19-cv-541 (M.D. Fla.), 21-11715 (11th Cir.)

Texas v. U.S., the Unworthy Immigration Agreement case, No. 6:21-cv-3 (S.D. Tex., filed January 22, 2021)

Complaint

Texas complaint 1 22

Note: Exhibits A-C are appended both to the Complaint and the TRO motion

Emergency TRO application

Emergency TRO application 1 22

Exhibit A, the Unworthy Immigration Agreement (executed 12/31 and 1/8)

US-Texas Agreement 12 31 20 1 8 21

Exhibit B, Pekoske memo, January 20

Pekoske memo 1 20

Exhibit C, Paxton letter to Pekoske, January 21

Paxton letter to Pekoske 1 21

Exhibit D, Smoot affidavit

Smoot affidavit

Exhibit E, Lopez declaration

Lopez declaration

Proposed TRO

Proposed TRO

ACLU amicus filing, January 22, 2021

6 21 cv 3 ACLU

Texas ‘advisory,’ January 24, 2021

Texas advisory

Order for conference, January 24, 2021

conference setting

US opposition to TRO, January 25, 2021

US TRO op

US response to advisory, January 25, 2021

01/25/2021 Minute Entry for proceedings held before Judge Drew B Tipton. ZOOM HEARING held on 1/25/2021. Regarding Advisory 6 . The Court instructs Defense Counsel to submit a copy of the email referenced in the Advisory (Dkt. 6) and to preserve any evidence, emails, texts, instant messages or any other communication from January 22, 2021 forward related to the release of individuals in custody that were subject to an Order of Removal. Defense Counsel is further instructed to verify and advise the Court whether the only individuals in custody that were subject to an Order of Removal that have been released since January 22, 2021 were pursuant to the California litigation referenced in (Dkt. #9). Defense Counsel is further instructed to advise the Court of the number of individuals in custody that were subject to an Order of Removal who have been released from custody in the United States since Friday January 22, 2021 and the locations from which they were released. Appearances:Adam Kirschner. William Thomas Thompson, Patrick K Sweeten, Daniel David Hu.(Digital # 8:01-8:35)(ERO:Annette Martinez), filed.(KelliePapaioannou, 2) (Entered: 01/25/2021)

US notice re e-mails, January 25, 2021

US notice re e-mails 1 25

TRO, January 26, 2021

Texas v. US TRO 1 26 21

RAICES intervention papers, January 27, 2021

raices interv

01/29/2021 Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 1/29/2021. Motion to Intervene 28 discussed. Responses to motion due by Wednesday, February 3, 2021. Discovery issues addressed. The parties agree and the Court limits interrogatories to seven, requests for admissions to five and no requests for production. Parties may attach any evidence to supplemental briefings. Primary briefing is limited to 40 pages. Replies limited to 25 pages. Times New Roman font 12pt to be used for the body and Times New Roman 11pt to be used for footnotes. The Court discourages excessive use of footnotes. The Court orders the United States to produce the Administrative Record by 2/3/2021. Briefing schedule to be entered. Appearances:Cody Wofsy. Andre Ivan Segura, Brian C Rosen-Shaud, Adam David Kirschner, Todd Lawrence Disher, Patrick K Sweeten, Daniel David Hu.(Digital # 11:03-12:46)(ERO:Frenchie Carbia), filed.(KelliePapaioannou, 2) (Entered: 01/29/2021)

Notice to the parties of issue, February 1, 2021

Notice of issue

Texas opposition to RAICES intervention, February 3, 2021

Texas op Raices interv

Memorandum and order for preliminary injunction, February 23, 2021

Preliminary injunction 2 23 21

Reade amicus request, March 1, 2021

Reade amicus 3 1 21

03/09/2021 Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 3/9/2021. The United States deadline for filing an Answer is extended to May 27, 2021. The Parties have agreed to stay discovery until the United States Answers. Discussion held regarding the refusal of ICE to honor detainers which have historically resulted in the removal of aliens who have committed felonies and who are completing their federal sentences. Further discussion held regarding the refusal of ICE to remove aliens who have committed felonies that have requested to be deported. The Court instructs counsel for the United States to provide the name of the individual within DHS that has instructed ICE to not remove aliens who have committed felonies and who are completing their federal sentences, as well as the name of the individual within DHS that has instructed ICE to not remove aliens who have committed felonies and have requested to be deported. Appearances: Kathryn Lynn Huddleston, Adam David Kirschner, Todd Lawrence Disher, Patrick K Sweeten, Daniel David Hu.(Digital # 10:01-10:23)(ERO:Verlinda Rios), filed.(KelliePapaioannou, 2) (Entered: 03/10/2021)

Stipulation for dismissal, May 20, 2021

TX stip dismissal

Texas and Louisiana v. U.S., No. 6:21-cv-16 (S.D. Tex., filed April 6, 2021)

Complaint

Texas Louisiana complaint 4 6 21

Plaintiffs’ preliminary injunction motion, April 27, 2021

TL PI mo

Advocates for Victims of Illegal Alien Crime amicus, May 11, 2021

TL advocates for victims of illegal alien crime amicus

Plaintiffs’ supplemental declaration (Clark), May 18, 2021

TL pltf supp dec Clark

Defendants’ opposition to preliminary injunction, May 18, 2021

TL US PI op

Plaintiffs’ preliminary injunction reply, May 25, 2021

TL pltf PI reply

Joint motion re case management, June 16, 2021

TL joint motion re case mgt conf

US additional authority (California v. Texas), June 17, 2021

TL US addl auth CA v TX

Plaintiffs’ response to California v. Texas, June 23, 2021

TL response to addl auth CvT

Order requesting factual update, June 24, 2021

TvUS order requesting responses

Plaintiffs’ response, June 28, 2021

TL supp br 6 28

US’s response, June 28, 2021

TL US supp advisory 6 28

US notice of supplemental authority (Arizona), June 30, 2021

US notice supp auth (Arizona) 6 30

Plaintiffs’ notice of supplemental authority (Johnson v. Guzman-Chavez), July 1, 2021

Pltf notice addl auth (Johnson)

US response re Guzman-Chavez, July 2, 2021

US response Guzman Chavez 7 2

Plaintiffs’ response re Arizona, July 6, 2021

TL pltf response re Arizona

US response re hearing, July 9, 2021

TL US response re hearing

Plaintiffs’ response re hearing, July 9, 2021

TL pltfs response re hearing

US motion to consolidate with Coe, July 12, 2021

US mo consol

US motion to expedite consideration of consolidation motion, July 12, 2021

US mo expedite consol

Coe plaintiffs’ opposition to consolidation, July 15, 2021

Coe pltf consol op

Texas plaintiffs’ opposition to consolidation, July 16, 2021

TX consol op

Order denying consolidation, July 26, 2021

TX order denying consol

Preliminary injunction, August 19, 2021

TX LA PI 8 19 21

US notice of appeal, August 20, 2021

TX LA US NOA 8 20

US motion for stay, August 20, 2021

TX LA US stay mo

Scheduling order, August 21, 2021

TX LA scheduling order 8 21

08/23/2021   Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 8/23/2021. The Court heard argument on Defendants Emergency Motion to Stay 82 . The Defendants originally misunderstood the reporting requirements in the August 19, 2021 Memorandum Opinion and Order 79 to be injunctive relief. The Court explained to the Parties that the reporting requirements are a case management tool to monitor compliance and to gather information that would be relevant and helpful for the Court in making a final determination at trial. The Court went through the four reporting requirements with the Parties one by one. The Defendants requested certain modifications to those reporting requirements that the Court will address by separate Order. The parties will confer and file any suggested revisions to these reporting requirements by September 1, 2021. The first report is continued until October 5, 2021. The Parties will confer and propose a schedule for discovery and trial. Appearances: Brian C Rosen-Shaud, Adam David Kirschner, Daniel David Hu, Joseph Scott StJohn, Patrick K Sweeten, William Thomas Thompson.(Digital # 9:00-9:53)(ERO:Nicole Tirado), filed.(KelliePapaioannou, 2) (Entered: 08/24/2021)

Fifth Circuit # 21-40618

US motion for stay pending appeal, August 23, 2021

5C US stay pa mo 8 23

Administrative stay and order, August 25, 2021

5C admin stay

Plaintiffs’ opposition to stay, August 30, 2021

5C pltf op 8 30

US reply supporting stay, September 1, 2021

5C US reply supporting stay 9 1

Joint notice, September 1, 2021

TX v US joint notice 9 1

Fifth Circuit notice re oral argument on Sept. 8, September 3, 2021

5C notice re oral argument for 9 8

09/08/2021    ORAL ARGUMENT HEARD before Judges Southwick, Graves, Costa. Arguing Person Information Updated for: Sarah Elaine Harrington arguing for Appellant Acting Director Johnson, U.S. Immigration and Customs Enforcement, Appellant Secretary Mayorkas, U.S. Department of Homeland Security, Appellant Acting Commissioner Miller, U.S. Customs and Border Protection, Appellant Tracy Renaud, Appellant United States Citizenship and Immigration Services, Appellant United States Customs and Border Protection, Appellant United States Department of Homeland Security, Appellant United States Immigration and Customs Enforcement; Arguing Person Information Updated for: Benjamin D. Wilson arguing for Appellee State of Louisiana [21-40618] (PFT) [Entered: 09/08/2021 11:09 AM]

Fifth Circuit opinion, September 15, 2021

5C TX v. US 21-40618_opinion 9 15 21

Plaintiffs’ motion for extra-record discovery, September 15, 2021

TL mo for extra record discovery 9 15

US discovery opposition, September 22, 2021

US discovery op

Texas Louisiana petition for rehearing en banc, October 7, 2021

5C TX LA pet rhb

Order requesting US response re rehearing en banc, October 14, 2021

5C order rq resp

Stipulation re schedule, October 19, 2021

TXvUS imm stip for schedule

First amended complaint, October 22, 2021

[]

Motion in effect for preliminary injunction, October 22, 2021

TXvUS imm pi 2 mo

US response to plaintiffs’ petition for rehearing en banc, November 1, 2021

5C US op rheb

Immigration Law Reform Institute amicus, November [5], 2021

ilri amicus

Appellants’ brief, November 8, 2021

5C appellants OB

US response, November 12, 2021

TX imm US op 11 12

Plaintiffs’ reply, November 19, 2021

TX imm pltf reply 11 19 21

12/07/2021   Minute Entry for proceedings held before Judge Drew B Tipton. SCHEDULING CONFERENCE held on 12/7/2021. Parties agree to a bench trial. ETT 1-3 days. By 12:00 p.m. on December 10, 2021, the Parties are to submit a proposed schedule with requested venue and trial dates for January 2022. Plaintiff to file a motion for discovery/extra record evidence promptly. Defendant’s response due no later than 7 days after the motion is filed. Appearances: Brian C Rosen-Shaud, Adam David Kirschner, Daniel David Hu, Ryan Daniel Walters.(Digital # 2:02-2:52)(ERO:Amanda Alegria), filed.(KelliePapaioannou, 2) (Entered: 12/07/2021)

Texas appellee brief, December 13, 2021

5C TX imm appellee br 12 13

Immigration Law Reform Institute amicus, December 20, 2021

5C ILRI amicus 12 20

Parties’ scheduling proposal, December 20, 2021

TX imm scheduling proposal 12 20

Unopposed US motion for extension on reply brief, December 22, 2021

5C US unop mo xt rb 12 22

Order partly granting extension (only to 1/18/22), December 28, 2021

5C xt rb order

5C TX imm US reply 1 18

[]

[]

01/25/2022   Minute Entry for proceedings held before Judge Drew B Tipton. MOTION HEARING held on 1/25/2022. The Court GRANTS 163 MOTION to Amend 158 Exhibit List, 157 Witness List and made findings on the record. Final Pretrial Conference reset for February 22, 2022 at 01:00 PM before Judge Drew B Tipton in Courtroom 11A in Houston, Texas. Bench Trial reset for February 23, 2022 at 09:00 AM before Judge Drew B Tipton in Courtroom 11 A in Houston, Texas. The parties will submit a proposed amended Scheduling Order. Appearances: Adam David Kirschner, Daniel David Hu.(Digital # 1:32-2:11)(ERO:Genay Rogan), filed.(KelliePapaioannou, 2) (Entered: 01/25/2022)

[Trial]

Post-trial briefing order, March 2, 2022

TX LA imm post trial br order 3 2

US post-trial brief, March 18, 2022

TX imm US post trial br 3 18

Plaintiffs’ post-trial brief, March 19, 2022

TX imm TX post trial br 3 19

Plaintiffs’ notice of supplemental authority (AZ), March 25, 2022

pltf notice supp auth AZ 3 25

US response to AZ, March 31, 2022

179140309577

[]

US post-trial reply brief, April 8, 2022

TX imm US post trial reply brief 4 8

US notice of supplemental authority (Sixth Circuit Arizona), April 13, 2022

TX imm US supp auth 6C 4 13

Texas response to Sixth Circuit decision, April 22, 2022

TX imm TX response AZ 4 22

Memorandum opinion and order, June 10, 2022

TX imm opinion 6 10

Final judgment, June 10, 2022

TX imm judgment 6 10

US notice of appeal, June 13, 2022

TX imm US noa 6 13

US motion for stay, June 13, 2022

TX imm US motion to stay 6 13

Opposition to stay, June 13, 2022

TX imm TX LA stay opp 6 13

US reply, June 14, 2022

TX imm US stay reply 6 14

Order re stay (and Aleman Gonzalez), June 14, 2022

TX imm order on stay 6 14

Fifth Circuit # 22-40367

US motion for stay, June 14, 2022

5C TX imm US stay mo 6 14

Order for response by 6/22, June 14, 2022

5C order for response 6 14

Arizona amicus, June 22, 2022

5C Arizona amicus 6 22

Texas Louisiana opposition to stay, June 22, 2022

5C TX LA stay op 6 22

Immigration Law Reform Institute amicus, June 22, 2022

5C ILRI amicus 6 22

US stay reply, June 23, 2022

5C US stay reply 6 23

US supplemental authority (Biden v. Texas), July 1, 2022

5C TX imm US supp auth Biden v Texas 7 1

[]

Fifth Circuit non-dispositive opinion, July 6, 2022

22-40367 opinion denying stay 7 6

US application for stay, No. 22A17, July 8, 2022

20220708124118756_Texas Stay Application – Final

Texas Louisiana opposition to stay, July 13, 2022

20220713164638036_Opposition to Stay Pending Appeal

Arizona Alaska et al amicus, July 14, 2022

20220713140608869_Final Memo State Amicus Brief File Version

Vladeck amicus, July 14, 2022

20220713161446965_22A17 tsac Stephen I. Vladeck

Immigration Law Reform Institute amicus, July 14, 2022

20220713180935212_IRLI Enforcement Memo Stay Amicus

US reply supporting stay, July 14, 2022

20220714160816043_Texas Stay Reply – Final

Order, July 21, 2022

072122zr_7k47

Supreme Court  #s 22A17, then 22-58, briefing:

Date Proceedings and Orders
Jul 08 2022 Application (22A17) for a stay, submitted to Justice Alito.
  Main DocumentLower Court Orders/OpinionsProof of Service
Jul 08 2022 Petition for a writ of certiorari before judgment filed.
   
Jul 08 2022 Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022.
   
Jul 13 2022 Response to application from respondents Texas, et al. filed.
  Main DocumentProof of Service
Jul 13 2022 Motion 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.
  Main DocumentProof of Service
Jul 13 2022 Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck.
  Main DocumentProof of Service
Jul 13 2022 Motion for leave to file amicus brief filed by Immigration Reform Law Institute.
  Main Document
Jul 14 2022 Reply of applicants United States, et al. filed.
  Proof of ServiceReply
Jul 21 2022 Application (22A17) referred to the Court.
   
Jul 21 2022 Application (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.
   
Aug 19 2022 Motion for an extension of time to file the briefs on the merits filed.
  Main Document
Aug 23 2022 Motion 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.
   
Sep 08 2022 Blanket Consent filed by Respondent, Texas, et al.
  Blanket Consent
Sep 12 2022 Brief of petitioners United States, et al. filed.
  Main DocumentCertificate of Word Count
Sep 12 2022 Joint appendix filed.
  Main DocumentProof of Service
Sep 13 2022 Blanket Consent filed by Petitioner, United States, et al.
  Blanket Consent
Sep 16 2022 Brief amici curiae of Immigrant and Civil Rights Organizations, et al. filed.
  Main DocumentCertificate of Word CountProof of Service
Sep 19 2022 Brief amici curiae of Administrative Law Professors filed.
  Main DocumentProof of ServiceCertificate of Word Count
Sep 19 2022 Amicus brief of Stephen I. Vladeck not accepted for filing.(Corrected version to be submitted) (September 21, 2022)
   
Sep 19 2022 Brief amici curiae of New York, et al. filed.
  Main DocumentCertificate of Word CountProof of Service
Sep 19 2022 Brief amici curiae of 21 Cities, Counties, and Local Government Organizations filed.
  Main DocumentCertificate of Word CountProof of Service
Sep 19 2022 Brief amici curiae of Former Officials of the Department of Homeland Security, et al. filed.
  Main DocumentCertificate of Word CountProof of Service
Sep 19 2022 Brief amici curiae of The American Civil Liberties Union, et al. filed.
  Main DocumentProof of ServiceCertificate of Word Count
Sep 19 2022 Brief amici curiae of National Immigrant Justice Center, et al. filed.
  Main DocumentCertificate of Word CountProof of Service
Sep 19 2022 Brief amicus curiae of Public Citizen filed.
  Main DocumentCertificate of Word CountProof of Service
Sep 19 2022 Brief amicus curiae of Stephen I. Vladeck filed. (Sept. 23, 2022)
  Main DocumentCertificate of Word CountProof of Service
Oct 18 2022 SET FOR ARGUMENT on Tuesday, November 29, 2022.
   
Oct 18 2022 Brief of Texas, et al. submitted.
  Main DocumentCertificate of Word CountProof of Service
Oct 24 2022 Motion to Intervene of Sheriff Brad Coe, et al. submitted.
  Main DocumentOtherProof of ServiceOther
Oct 25 2022 Amicus brief of State of Florida submitted.
  Main DocumentCertificate of Word CountProof of Service
Oct 25 2022 Amicus brief of States of Arizona, Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, West Virginia, and Wyoming submitted.
  Main DocumentCertificate of Word CountProof of Service
Oct 25 2022 Amicus brief of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC submitted.
  Main DocumentCertificate of Word CountProof of Service
Oct 25 2022 Brief 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. submitted.
  Main DocumentOtherProof of Service
Nov 02 2022 Motion DISTRIBUTED for Conference of 11/18/2022.
   
Nov 03 2022 Response in opposition to motion for leave to intervene from petitioners United States, et al., et al. filed. (Distributed)
  Proof of ServiceMain Document
Nov 15 2022 Reply on motion to intervene of Sheriff Brad Coe, et al. filed. (Distributed)
  Main DocumentOtherProof of Service
Nov 17 2022 Reply of United States, et al., et al. submitted.
  Proof of ServiceMain Document

Nov 21 2022 22-58 UNITED STATES, ET AL. V. TEXAS, ET AL.
The motion of Sheriff Brad Coe, et al. for leave to

intervene is denied.

Transcript of oral argument, November 29, 2022

22-58_8n59

====

Arizona, Montana, and Ohio v. Biden, No. 3:21-cv-314 (S.D. Ohio, filed Nov. 18, 2021)

Complaint

[]

[]

Preliminary injunction order, March 22, 2022

AZ MT OH imm preliminary injunction 3 22

US emergency stay motion, March 22, 2022

AZ MT OH US admin stay mo 3 22

Opposition to emergency stay motion, March 22, 2022

AZ MT OH pltf stay op 3 22

Order denying emergency stay motion, March 23, 2022

AZ MT OH imm admin stay denial 3 23

Sixth Circuit # 22-3272

Order denying stay, March 31, 2022

AZ imm order denying stay 3 31

US motion for stay, April 1, 2022

6C AZ imm US stay mo 4 1

Scheduling letter, April 2, 2022

6C scheduling letter 4 2

Notice of video hearing for 4/7, April 4, 2022

6C AZ notice of video H 4 7 4 4

[Response, 4/5, reply, 4/6, video hearing, 4/7]

Plaintiffs’ stay opposition, April 5, 2022

6C AZ imm pltf stay op 4 5

US stay reply, April 6, 2022

6C AZ imm US stay reply 4 6

Oral argument note, April 7, 2022

6C AZ imm oa note 4 7

Administrative stay, April 8, 2022

6C AZ imm admin stay 4 8

Sixth Circuit stay order, April 12, 2022

6C AZ imm stay opinion 4 12

Unopposed motion to stay trial court proceedings, April 20, 2022

merged_25036_-1-1650826654

Stay order, April 20, 2022

AZ order staying trial court proceedings 4 20

US opening brief, May 3, 2022

6C AZ imm US OB 5 3

18 cities/counties amicus, May 10, 2022

6C AZ imm 18 amicus 5 10

Appellees’ brief, May 18, 2022

6C AZ MT OH appellee brief 5 18

Immigration Law Reform Institute amicus, May 25, 2022

6C ILRI amicus 5 25

US reply brief, May 31, 2022

6C Arizona imm US reply 5 31

Arizona additional authority (Freihat), June 8, 2022

6C AZ imm pltf addl auth Freitat 6 8

US Fraihat response, June 9, 2022

6C AZ US Fraihat response 6 9

Oral argument minutes, June 10, 2022

6C AZ imm oa minutes 6 10

Plaintiffs’ additional authority (Texas), June 13, 2022

6C AZ imm pltf addl auth TX 6 13

US response, June 14, 2022

6C US resp Texas 6 14

US’s additional authority (Aleman Gonzalez), June 14, 2022

6C US supp auth Aleman Gonzalez 6 14

Plaintiffs’ response, June 15, 2022

6C pltf response 6 15

Ohio notice of additional authority (Biden v. Texas), June 30, 2022

6C AZ Ohio notice addl auth Biden v Texas 6 30

US response re Biden v. Texas, July 1, 2022

6C AZ US addl auth resp 7 1

Opinion, July 5, 2022

22a0144p-06

[]

Stay, August 31, 2022

AZ imm stay 8 31 22

Arizona v. U.S. D.H.S., No. 2:21-cv-186 (D. Ariz.)

Arizona complaint with exhibits, February 3, 2021

merged_31036_-1-1612583362

az-dhs-agreement

Arizona/Montana motion for preliminary injunction, March 8, 2021

merged_31156_-1-1615325250

Immigration Law Reform Institute amicus, March 24, 2021

file0.379422494015795

US opposition to motion for preliminary injunction, March 26, 2021

merged_50842_-1-1616883219

ACLU amicus, March 26, 2021

merged_64866_-1-1616883303

Unopposed US motion for extension of time to answer, March 30, 2021

merged_21607_-1-1617203758

Order granting extension of time to answer, March 30, 2021

file0.370590941785974

Motion to transfer Puente Human Rights Movement case to Judge Bolton, March 30, 2021

merged_56708_-1-1617203830

Arizona/Montana reply supporting preliminary injunction, April 2, 2021, with exhibits

merged_45919_-1-1617502900

Minute entry, April 8, 2021

21839225-0–117298

Immigration organizations amicus, May 6, 2021

merged_91026_-1-1620495521

Defendants’ motion to dismiss, May 6, 2021

merged_85196_-1-1620495582

Arizona supplemental brief, May 7, 2021

merged_76276_-1-1620495649

ACLU supplemental brief, May 13, 2021

merged_27247_-1-1620941501

US opposition to motion for preliminary injunction, May 13, 2021

merged_57062_-1-1621104123

Arizona opposition to US motion to dismiss, May 13, 2021

merged_12387_-1-1621104180

Immigration Law Reform Institute amicus, May 18, 2021

file0.296646156153781

US notice of additional authority (Florida), May 19, 2021

merged_17760_-1-1621613368

Arizona supplement to supplemental brief, May 19, 2021

merged_17168_-1-1621613469

US supplemental brief, May 21, 2021

merged_87067_-1-1621983816

US notice re immigration priorities, June 7, 2021

file0.211787631540698

US notice of additional authority (California v. Texas), June 17, 2021

merged_74028_-1-1624034575

Arizona response to additional authority, June 17, 2021

file0.984373817957145

US notice, June 28, 2021

file0.448293075469461

Arizona response to US notice, June 28, 2021

file0.868775772667629

Order granting motion to dismiss/denying preliminary injunction, 6/30/2021

AZ order dismissing

Notice of appeal, June 30, 2021

file0.735580690941912

Motion for emergency stay, July 1, 2021

merged_94641_-1-1625535047

Ninth Circuit #: 21-16118

Motion for reconsideration, July 2, 2021

merged_29354_-1-1625535129

Scheduling order re injunction pending appeal response, July 7, 2021

file0.969264885216159

Scheduling order re reconsideration response, July 8, 2021

file0.905766780060855

US opposition to motion for injunction pending appeal, July 9, 2021

file0.00435577290239664

Plaintiffs’ reply supporting stay, July 11, 2021

file0.567825769345415

Plaintiffs’ additional deposition excerpts, July 12, 2021

merged_79440_-1-1626188666

Order denying emergency motion for injunction pending appeal, July 15, 2021

file0.235351978141022

Arizona Ninth Circuit motion for injunction pending appeal, July 15, 2021

9C pltf ipa mo

US opposition to motion for reconsideration, July 16, 2021

file0.019701929568452

Reply supporting reconsideration, July 23, 2021

file0.0494686861440066

US opposition to Ninth Circuit motion for injunction pending appeal, July 23, 2021

9C US ipa op 7 23

ACLU amicus, July 23, 2021

9C ACLU amicus

Ninth Circuit order directing responses re status of reconsideration motion below, July 27, 2021

9C order directing responses re recon below

Arizona response, July 27, 2021

9C AZ response

US response, July 29, 2021

9C US response

Ninth Circuit order denying injunction pending appeal w/o prejudice, July 30, 2021

9C order denying ipa w o prejudice

Arizona notice of order and request for expedited ruling, August 9, 2021

file0.839670141033036

Additional Arizona materials (copy of Ninth Circuit order), August 9, 2021

file0.217345711813447

Order denying motion for reconsideration, August 12, 2021

file0.314106213898537

Arizona Ninth Circuit motion for reconsideration, August 13, 2021

9C AZ recon mo

Ninth Circuit order denying reconsideration and scheduling further briefing, August 19, 2021

9C order 8 19

Arizona additional authority (SD Tex), August 24, 2021

9C AZ addl auth Tipton 8 24

Arizona additional authority (MPP), August 24, 2021

9C AZ addl auth MPP 8 24

US opposition to renewed emergency motion for injunction pending appeal, August 25, 2021

9C US op to emergency ipa 8 25

ACLU renewal of amicus, August 25, 2021

9C ACLU renewed op

US notice of additional authority (Tipton), August 30, 2021

9C US addl auth (Tipton)

US notice of additional authority (MPP), August 30, 2021

9C US addl auth (MPP)

Arizona reply supporting injunction pending appeal, September 1, 2021

9C AZ reply supporting ipa

9C AZ corrected reply supporting ipa

Arizona opening brief, September 1, 2021

9C AZ OB

Arizona motion to reinstate briefing schedule, September 1, 2021

9C AZ mo reinstate briefing schedule

Order denying injunction pending appeal, September 3, 2021

9C order denying ipa

US motion for abeyance and stay, October 4, 2021

9C AZ v US US abeyance mo 10 4 21

Arizona opposition to abeyance, October 12, 2021

9C AZ stay op

US reply supporting stay, October 18, 2021

9C US reply supporting stay

Arizona notice re Texas filing, October 25, 2021

9C AZ notice re TX filing

Ninth Circuit order re stay, October 29, 2021

9C stay

US motion to dismiss, December 6, 2021

US mo dism 12 6

Arizona opposition to US motion to dismiss, December 23, 2021

9C AZ dism op 12 23

[]

Order dismissing appeal, January 21, 2022

9C order dism moot 1 21

AZ motion for extension of time to file petition for rehearing en banc, February 25, 2022

9C AZ imm rheb xt mo

Order extending time to 7/15, March 1, 2022

9C AZ imm xt rhb order 3 1

Arizona motion for limited panel rehearing, July 15, 2022

9C AZ imm AZ pet limited panel rh 7 15

Briefing schedule, October 11, 2022

AZ imm briefing schedule

=============

Puente Human Rights Movement v. Brnovich, No. 2:21-cv-446 (D. Ariz)

Complaint, March 16, 2021

merged_6975_-1-1617204394

Unopposed motion for extension of time to answer, March 29, 2021

merged_57566_-1-1617204424

Order granting motion for extension of time to answer, March 29, 2021

file0.0942785316530141

Motion to transfer Puente Human Rights Movement case to Judge Bolton, March 30, 2021

merged_56708_-1-1617203830

US filing supporting transfer, April 6, 2021

21821393-0–118275

Arizona filing opposing transfer, April 13, 2021

21851750-0–12209

Reply supporting transfer, April 20, 2021

file0.290404212000919

Order refusing to transfer, May 14, 2021

file0.191690124842477

US motion to dismiss, June 14, 2021

merged_19041_-1-1623795438

Arizona motion to dismiss, June 14, 2021

merged_82252_-1-1623795523

Voluntary dismissal, July 12, 2021

file0.055395064680976

Order dismissing case with prejudice, July 13, 2021

file0.216709245034632

Florida v. United States, No. 8:21-cv-541 (M.D. Fla., filed March 8, 2021)

Complaint, with exhibits

Florida v. US complaint w exhibits

[]

Order denying preliminary injunction, May 18, 2021

Order denying PI

Florida notice of appeal, May 19, 2021

FL notice of appeal

Eleventh Circuit # 21-11715

Unopposed Florida motion to stay trial level proceedings, May 20, 2021

Unop FL mo stay trial proceedings

Stay order, May 24, 2021

FL v US imm stay order 5 24 21

Florida motion to expedite appeal, May 26, 2021

11C FL mo expedite

US opposition to expediting, June 1, 2021

11C US expedite op

Florida reply supporting expediting, June 2, 2021

11C FL expedite reply

Order expediting appeal, June 3, 2021

11C expediting order

Florida opening brief, June 14, 2021

11C FL opening br

Advocates for Victims of Illegal Alien Crime amicus, June 16, 2021

11C Adv Victims Illegal A Crime amicus

US opposing brief, July 12, 2021

11C US appellee br

ACLU amicus, July 15, 2021

11C ACLU amicus

Florida reply, August 2, 2021

11C FL reply br

Order for supplemental briefing, August 19, 2021

11C order for supp

Eleventh Circuit Florida additional authority (S.D. Tex.), August 24, 2021

FL addl auth Tipton

US supplemental letter brief, August 30, 2021

11C US supp letter br 8 30

US response to Florida additional authority (S.D. Tex.), September 1, 2021

11C US response to Tipton 9 1

Florida supplemental letter brief, September 8, 2021

11C FL supp letter br 9 8

US notice of supplemental authority (Texas), September 20, 2021

11C US supp auth TX

Florida response to US notice, September 21, 2021

11C FL response to US supp auth

09/24/2021    Oral argument held. Oral Argument participants were Henry Charles Whitaker for Appellant State of Florida and H. Thomas Byron, III for Appellees USA, Secretary, U.S. Department of Homeland Security, United States Department of Homeland Security, United States Customs and Border Protection and Acting Commissioner of U.S. Customs and Border Protection. [Entered: 09/24/2021 09:20 AM]

US supplemental authority (guidelines), October 1, 2021

11C US supp auth guidelines

Order for supplemental briefing, December 1, 2021

11C FL imm supp br order 12 1

Florida unopposed motion voluntarily to dismiss appeal, December 10, 2021

21-11715_Documents-2

Florida letter re mootness, December 13, 2021

11C FL letter agreeing re mootness 12 13

Opinion dismissing appeal as moot, December 14, 2021

11C mootness dism order 12 14

02/07/2022 48  ORDER: The Clerk is directed to CLOSE this case, as the Eleventh Circuit Court of Appeals has issued its mandate. Signed by Judge Charlene Edwards Honeywell on 2/7/2022. (CEH) (Entered: 02/07/2022)

Florida motion for clarification, February 18, 2022

FL imm FL mo clarif 2 18

Florida voluntary dismissal, February 25, 2022

FL imm vol dism 2 25

02/25/2022 52  ENDORSED ORDER denying as moot 49 Plaintiff’s Motion for Reconsideration / Clarification as Plaintiff has voluntarily dismissed this action. Signed by Judge Charlene Edwards Honeywell on 2/25/2022. (JDE) (Entered: 02/25/2022)

========

The “Title 42” deportation cases

Huisha-Huisha v. Majorkas, No. 1-21-cv-100 (D. D.C., filed January 12, 2021)

[]

D.C. Circuit # 21-5200

[]

Opinion, March 4, 2022

DCC Huisha Huisha opinion 3 4

District court opinion, November 15, 2022

Huisha Huisha opinion

Unopposed US motion to stay, November 15, 2022

merged_140_-1-1668613725

11/16/2022   MINUTE ORDER granting 166 Unopposed Emergency Motion for Temporary Stay of the Court’s November 15, 2022 Order (“Emergency Mot.”). The government states that “[t]he requested temporary stay… is not for the pendency of appeal but rather for only a temporary period.” Emergency Mot., ECF No. 166 at 3. The government further states that “DHS requires a short period of time to prepare for the transition from Title 42 to Title 8 processing, given the need to resolve resource and logistical issues that it was unable to address in advance without knowing precisely when currently operative August 2021 Title 42 order would end. Cf. 87 Fed. Reg. at 19,95456 (setting effective date of Termination Order for 52 days from date of issuance to, among other things, provide DHS with additional time to ready operational plans). During this period of time, DHS will need to move additional resources to the border and coordinate with stakeholders, including non-governmental organizations and state and local governments, to help prepare for the transition to Title 8 processing. This transition period is critical to ensuring that DHS can continue to carry out its mission to secure the Nation’s borders and to conduct its border operations in an orderly fashion. See, e.g., AARP v. EEOC, 292 F. Supp. 3d 238, 241 (D.D.C. 2017) (staying effective date of vacatur order for about one year to avoid the potential for disruption); NAACP v. Trump, 298 F. Supp. 3d 209, 24445 (D.D.C. 2018) (staying vacatur order for 90 days to avoid disruption).” Id. Plaintiffs do not oppose the motion. Pursuant to Federal Rules of Civil Procedure 59 and 60, the Court’s inherent authority, and in view of the lack of opposition by Plaintiffs, the government’s representation that the request for a temporary stay is not for the pendency of appeal, but rather to enable the government to make preparations to implement the Court’s Order, the Court, WITH GREAT RELUCTANCE, grants the request. The Court’s November 15, 2022 Order is stayed for five weeks, from November 15, 2022 to December 20, 2022. The Order will take effect at midnight on December 21, 2022. Signed by Judge Emmet G. Sullivan on 11/16/2022. (lcegs1) (Entered: 11/16/2022)

15 states’ motion to intervene, November 21, 2022

Huisha Huisha 15 states interv ms 11 22

Emergency motion to expedite, November 21, 2022

Huisha Huisha states emergency motion expedite 11 21 22

Final judgment and stay, November 22, 2022

Huisha Huisha final judgment 11 22 22

11/22/2022   MINUTE ORDER granting 169 Proposed Intervenor States’ Emergency Motion for Expedited Briefing and Consideration of their Motion to Intervene and for a Stay Pending Appeal. Plaintiffs and Defendants shall respond by no later than November 29, 2022 at 8:00 pm EST. Proposed Intervenors shall reply by no later than December 2, 2022 at 12:00 pm. Signed by Judge Emmet G. Sullivan on 11/22/2022. (lcegs1) (Entered: 11/22/2022)

Unopposed Montana joinder motion, November 25, 2022

Huisha Huisha MT unop joinder mo 11 25

Unopposed Utah et al joinder motion, November 25, 2022

Huisha Huisha UT unop joinder mo 11 25

11/29/2022   MINUTE ORDER granting 171 Unopposed Motion for Joinder. Signed by Judge Emmet G. Sullivan on 11/29/2022. (lcegs1) (Entered: 11/29/2022)
11/29/2022   MINUTE ORDER denying 173 Motion for Joinder. Movant has failed to comply with the duty to confer, see LCvR 7(m); and has failed to attach a proposed order, see LCvR 7(c). Signed by Judge Emmet G. Sullivan on 11/29/2022. (lcegs1) (Entered: 11/29/2022)

US intervention opposition, November 29, 2022

merged_58736_-1-1671470737

Plaintiffs’ intervention opposition, November 29, 2022

merged_30044_-1-1671470775

Renewed joinder motion, November 29, 2022

Huisha Huisha MO UT TN renewed joinder 11 29 22

11/30/2022   MINUTE ORDER granting 176 Motion for Joinder. Signed by Judge Emmet G. Sullivan on 11/30/2022. (lcegs1) (Entered: 11/30/2022)

States’ reply re intervention, December 2, 2022

Huisha Huisha interv reply 12 2 22

US notice re timing of appeal, December 2, 2022

Huisha Huisha US notice re possible appeal 12 2 22

US notice re plans to appeal, December 7, 2022

Huisha Huisha US notice re appeal 12 7 22

US notice of appeal, December 7, 2022

Huisha Huisha US noa 12 7 22

12/08/2022   Set/Reset Deadlines: Parties Proposed Intervenors Supplemental Memorandum due by 12/12/2022. Parties Response, If Any, due by 12/16/2022. (mac) (Entered: 12/08/2022)

States’ motion to stay, December 9, 2022

Huisha Huisha states mo stay 12 9 22

D.C. Circuit # 22-5325

States’ motion to intervene, December 9, 2022

DCC H H motion to intervene 12 9 22

States’ supplemental memo supporting intervention, December 12, 2022

merged_73540_-1-1671471460

US supplemental opposition to intervention, December 12, 2022

Huisha Huisha US supp op interv 12 12 22

States’ motion for stay, December 12, 2022

DCC H H motion for stay 12 12 22

D.C. Circuit order for responses, December 13, 2022

DCC H H order for responses 12 13

Plaintiffs’ supplemental opposition to intervention, December 14, 2022

Huisha Huisha pltf supp interv op 12 14 22

12/14/2022   MINUTE ORDER deferring ruling on 168 Motion to Intervene. Pursuant to Federal Rule of Civil Procedure 62.1, the Court defers consideration of 168 Motion to Intervene. See Fed. R. Civ. P. 62.1 (“If a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may: (1) defer considering the motion; (2) deny the motion; (3) state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue.”); see also Out of the Box Enters. v. El Paseo Jewelry Exch., Inc., 737 F. App’x 304, 305 (9th Cir. 2017). Signed by Judge Emmet G. Sullivan on 12/14/2022. (lcegs1) (Entered: 12/14/2022)

States’ notice re motion practice below, December 14, 2022

DCC States notice re trial court interv 12 14 22

Plaintiffs’ opposition, December 14, 2022

DCC pltf motions op 12 14 22

US opposition, December 14, 2022

DCC US motions op 12 14 22

Immigration Law Reform Institute amicus, December 14, 2022

DCC ILRI amicus 12 14 22

States’ reply supporting intervention, December 15, 2022

DCC states reply 12 15 22

Order, December 16, 2022

DCC Huisha Huisha order denying stay 12 16 22

Emergency application for stay, No. 22A544, December 19, 2022

Title_42_Emergency_Application_for_Stay_File_Version

Dec 19 2022 Upon consideration of the application of counsel for the applicants, it is ordered that the November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21-cv-00100, is hereby stayed pending further order of The Chief Justice or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, December 20, 2022, by 5 p.m. (EST)

Immigration Law Reform Institute amicus, December 20, 2022

20221220090358152_IRLI Title 42 Stay Amicus

Huisha Huisha opposition, December 20, 2022

20221220163029608_Huisha Respondents Opp to Application for Stay

US opposition, December 20, 2022

20221220164659612_22A544 Govt opp to Ariz stay final

States’ reply, December 21, 2022

20221221084240400_Title 42 – Emergency Stay Reply File Version Final 2

Opinion, December 27, 2022

22a544_n758

No. 22-592

US abeyance motion, January 9, 2023

DCC H H US abeyance mo 1 9 23

Arizona brief, January 18, 2023

20230118152531430_22-592 Petitioner Brief Merits

Citizens United amicus, January 20, 2023

20230120121950868_Arizona v. Mayorkas Final 1-20-23

Immigration Law Reform Institute amicus, January 20, 2023

20230120134435329_22-592 tsac IRLI Final

Protect Democracy amicus, February 3, 2023

20230203152318492_No. 22-592_Brief

Huisha Huisha brief, February 7, 2023

20230207153415459_93795 ACLU Mayorkas BRIEF PROOF 2

US brief, February 7, 2023

20230207174850185_22-592bsUnitedStates

Feb 09 2023 Amicus brief of Scholars of Federal Civil Procedure submitted.
  Main DocumentOtherCertificate of Word CountProof of Service
Feb 09 2023 Amicus brief of United Nations High Commissioner For Refugees submitted.
  Main DocumentProof of ServiceCertificate of Word Count
Feb 09 2023 Amicus brief of U.S. Conference of Catholic Bishops & Catholic Legal Immigration Network, Inc. submitted.
  Main DocumentCertificate of Word CountProof of Service
Feb 09 2023 Amicus brief of Former CDC Officials submitted.
  Main DocumentCertificate of Word CountProof of Service
Feb 09 2023 Amicus brief of 60 Immigration Advocacy, Human Rights, and Legal Services Organizations submitted.
  Main DocumentCertificate of Word CountProof of Service
Feb 09 2023 Amicus brief of Cato Institute submitted.
  Main DocumentCertificate of Word CountProof of Service
Feb 14 2023 Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General.
  Main DocumentProof of Service
Feb 16 2023 The case is REMOVED from the February 2023 argument calendar.
Feb 17 2023 Reply of Arizona, et al. submitted.
  Main DocumentCertificate of Word CountProof of Service
Feb 21 2023 Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General GRANTED.

=======

Texas v. Biden, No. 4:21-cv-579 (N.D. Tex., filed April 21, 2021)

[]

Opinion, March 4, 2022

177114961153

====

The “Title 42 persecutions must continue” case

Arizona v. Biden, No. 6:22-cv-885 (W.D. La., filed April 3, 2022)

Complaint

AZ T42 complaint 4 3 22

Amended complaint, April 14, 2022

AZ T42 amended c 4 14

Motion for preliminary injunction, April 14, 2022

AZ T42 PI mo 4 14

Scheduling stipulation, April 14, 2022

AZ T42 sched stip 4 14

[US, 4/29; States, 5/9]

Opinion, May 20, 2022

LA T42 opinion 5 20

Preliminary injunction, May 20, 2022

LA T42 pi 5 20

Fifth Circuit # 22-30303

Innovation Law Lab motion to stay nationwide scope of injunction, June 2, 2022

5C T42 Innovation Law Lab nationwide scope ms 6 2 22

US opposition to motion to stay, June 13, 2022

5C T42 US stay op 6 13

Plaintiffs’ opposition to motion to stay, June 13, 2022

5C T42 pltf stay op 6 13

Order denying motion to stay nationwide scope of injunction, June 16, 2022

5C T42 order denying motion for stay nationwide scope

Appellants’ brief, July 25, 2022

5C T42 appellants br 7 25 22

[]

[]

Appellees’ brief, August 31, 2022

5C T42 appellees br 8 31

[]

Innovation Law Lab reply brief, September 21, 2022

5C t42 Innovation Law Lab reply 9 21 22

US reply brief, September 21, 2022

5C T42 US reply br 9 21 22

Plaintiffs’ show cause motion, November 1, 2022

AZ imm show cause mo 11 1 22

Advocates for victims of illegal alien crime amicus, November 9, 2022

5C T42 victims of illegal alien crime amicus 11 9 22

US response to show cause, November 10, 2022

AZ imm show cause op 11 10 22

US notice of additional authority (HH), November 16, 2022

5C T42 US addl auth HH 11 16 22

US notice re Huisha Huisha, November 16, 2022

AZ imm US notice re Huisha Huisha 11 16 22

Plaintiffs’ response to additional authority, November 23, 2022

5C T42 states resp to HH 11 23 22

Plaintiffs’ notice re intervention attempt in Huisha Huisha, November 23, 2022

AZ imm states notice interv HH 11 23 22

Tentative calendaring order,

5C T42 tent cal ord 12 30 22

US notice re Huisha Huisha, January 6, 2023

5C T42 US notice re HH 1 6 23

Supplemental briefing order, January 30, 2023

5C T42 supp br order 1 30 23

[Briefs due 2/7]

US supplemental letter brief, February 6, 2023

5C LA v CDC US supp br 2 6 23

Plaintiffs’ supplemental letter brief, February 6, 2023

5C LA v CDC pltf supp br 2 6 23

Plaintiffs’ notice re US Huisha Huisha brief, February 8, 2023

5C LA v CDC pltf notice re US Huisha Huisha br 2 8 23

Innovation Law Lab supplemental brief, February 8, 2023

5C LA v CDC ILL supp br 2 8 23

US response re Huisha Huisha brief, February 10, 2023

5C LA v CDC US addl auth HH response 2 10 23

Order holding appeal in abeyance until 5/11/23, February 14, 2023

5C T42 abeyance order 2 14 23

Order carrying argument time motion with case, February 17, 2023

5C T42 order carrying argument time mo w case 2 17 23

===========

The DACA case, as decided July 16, 2021

Texas v. U.S., No. 1:18-cv-68 (S.D. Tex., July 16, 2021)

DACA decision 7 16 21

DACA order 7 16 21

The US case against Texas interference

United States of America v. State of Texas, No. 3:21-cv-173 (W.D. Tex., filed July 30, 2021)

Complaint

US v TX Complaint

Motion for TRO and preliminary injunction, July 30, 2021

US v TX TRO PI mo

Texas opposition to TRO, with appendix, August 2, 2021

US v TX TX TRO op

US v TX TX TRO op appendix

Hearing held, August 2

US reply, August 3, 2021

US TRO PI reply

TRO, August 3, 2021

US v TX TRO

===

Another Texas v. U.S. case

[]

Texas motion and memo for preliminary injunction, May 23, 2022

TX PI mo 5 23

TX PI ms 5 23

Scheduling order, May 23, 2022

TX sch order 5 23

US request for relief from scheduling order, May 24, 2022

TX US resched rq 5 24

====

An environmental case about remand with or without vacatur

Center for Biological Diversity v. [Haaland], Nos. 4:19-cv-5206/6013/6812 (N.D. Cal., July 5, 2022)

Center for Bio Diversity (District Court) 7 5 22

Washington Cattlemen’s Ass’n v. U.S. District Court, No. 22-70194 (9th Cir., Sept. 21, 2022)

9th_Circuit_ESA_Ruling

====

Vacating a Trump Administration immigration policy by agreement at the Supreme Court

SUPREME COURT MOTION PRACTICE IN THE MIGRANT PROTECTION PROTOCOLS CASE, No. 19-1212

US motion to hold further briefing in abeyance, February 1, 2021

20210201143843402_19-1212 Innovation Law Lab – Motion to Hold in Abeyance – FINAL

Feb 03 2021 Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar GRANTED.

Texas et al motion to intervene, May 18, 2021

20210518155508880_19-1212 Motion to Intervene

Plaintiffs’ opposition to motion to intervene, June 1, 2021

20210601182404018_19-1212 Mayorkas v Innovation Law Lab Respondents Opposition to Motion to Intervene

US opposition to motion to intervene, June 1, 2021

20210601210757011_19-1212 Innovation Law Lab – Intervention Opp – final

US suggestion of mootness and motion to vacate, June 1, 2021

20210601211037408_Innovation Law Lab – Suggestion of Mootness – final

Plaintiffs’ opposition to motion to vacate, June 11, 2021

19-1434_ancf20210611143025132_19-1212 Mayorkas v Innovation Law Respondents Opposition to Motion to Vacate

US reply supporting motion to vacate, June 15, 2021

20210615154911362_19-1212 United States reply in support of vacatur

Proposed intervenors’ reply/response, June 15, 2021

20210615174855379_Mayorkas v. Innovation Law Lab. – Rep ISO Intervention

US letter reply re intervention and vacatur, June 18, 2021

20210618101655665_Innovation Law Lab supp letter iso vacatur – Final_

Jun 21 2021 Motion for leave to intervene filed by States of Texas, Missouri, and Arizona dismissed as moot.
   
Jun 21 2021 The motion to vacate the judgment is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to direct the District Court to vacate as moot the April 8, 2019 order granting a preliminary injunction. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).

At the district court level in Texas:

Texas and Missouri v. Biden, No. 2:21-cv-67 (N.D. Tex.)

[]

Consolidation order, June 29, 2021

177114336507

[]

Opinion, August 13, 2021

TX MPP opinion 8 13 21

US trial-level motion for stay, August 16, 2021

US emergency mo stay 8 16

Texas response to motion for stay, August 17, 2021

177114461970

Order denying motion for stay, August 17, 2021

177114462325

US emergency motion for stay, August 17, 2021

5C US emergency stay mo 8 17

5C US attachments 1

5C US attachments 2

5C US attachments 3

5C US attachments 4

5C US attachments 5

Fifth Circuit request for response, August 17, 2021

5C rq resp

[Pro-immigration amicus]

[Pro-immigration amicus]

Opposition, August 18, 2021

5C TX op

[Anti-immigration amicus]

US reply supporting stay, August 19, 2021

Fifth Circuit opinion/order, August 19, 2021

21-10806

US application for stay, No. 21A21, August 20, 2021

20210820162350223_Texas v. Biden Stay Application

20210820162554567_Texas v. Biden Stay Appendix – final-1

Order by Justice Alito, August 20, 2021

082021zr_ap6b

ACLU amicus, August 23, 2021

20210823100247753_8.23.21 ACLU Motion for Leave to File and Amicus Brief 21A21

Non-profit organizations amicus, August 23, 2021

20210823085748543_Biden v TX NGO Amici Motion and Brief Final to File 2021.08.23

Al Otro Lado, August 23, 2021

20210823201439760_motion for amicus and amicus brief AOL Biden v TX no highlights

Texas response, August 24, 2021

20210824164319966_21A21 OPPOSITION TO MOTION FOR A STAY PENDING APPEAL

Indiana amicus, August 24, 2021

20210824140110005_Motion for Leave and Brief of Indiana and 15 States as Amici Curiae in Opposition to the Emergency Application for Stay Pending Appeal

Immigration Reform Law Institute amicus, August 24, 2021

20210824163332874_IRLI MPP Stay Amicus

US reply, August 24, 2021

20210824185014969_Biden v. Texas 21A21 – Reply iso stay application final

Aug 24 2021 Application (21A21) denied by the Court. The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious. See Department of Homeland Security v. Regents of Univ. of Cal., 591 U. S. ___ (2020) (slip op., at 912, 17-26). Our order denying the Government’s request for a stay of the District Court injunction should not be read as affecting the construction of that injunction by the Court of Appeals. Justice Breyer, Justice Sotomayor, and Justice Kagan would grant the application.

Fifth Circuit opinion, December 13, 2021

5C TX imm opinion 12 13

US cert petition, December 29, 2022

20211229162636127_Biden v. Texas – Cert Petition-1

Texas letter requesting extension, January 18, 2022

20220118181209971_MPP No. 21-954 BIO MET

US opposition to extension, January 19, 2022

20220119113621911_Letter 21-954

Jan 19 2022

Motion to extend the time to file a response DENIED.

Texas cert opposition, January 28, 2022

20220128123018005_Texas v. Biden_ No. 21-954 BIO

US reply, February

20220202163536494_21-954 Biden v. Texas – Cert Reply

Cert granted, February 18, 2022

[

Opinion, June 30, 2022

21-954_7l48

[]

Opinion and order, December 15, 2022

TX v US opinion order 12 15 22

Intervening on appeal at the Supreme Court to defend a prior Administration’s regulation

SUPREME COURT MOTION PRACTICE IN THE TITLE X CASES, Nos. 20-429, 20-454, 20-539

Ohio motion to intervene in Supreme Court case, March 8, 2021

20210308151317902_Title X Intervention Motion

Joint stipulation to dismiss, March 12, 2021

20210312173545229_20-429 and 20-539 – AMA v. Cochran – Oregon v. Cochran – Stipulation to Dismiss

American Ass’n of Pro-Life Ob’s and Gyn’s motion to interevene or present oral argument in Supreme Court case, March 12, 2021

20210312142720890_20-429 Motion to Intervene of The American Association of Pro-Life Obstetricians Gynecologists

AAPLObGyn’s motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315161031026_20-429 Motion for leave to file a supplement brief in support of intervention and proposed supplemental brief_FINAL

Ohio et al motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315162546294_Motion for Leave to File Supp Brief

US opposition to motions to intervene, March 18, 2021

20210318164758577_20-429 et al. American Medical Assn et al. Govt Opp to Motions to Intervene

State petitioners’ opposition to motions to intervene, March 18, 2021

20210318191449392_20-539 States of Oregon et al Opposition to Motions to Intervene.Final

AMA, et al, opposition to motions to intervene, March 18, 2021

20210318192845954_20-429 and 20-454 – AMA v. Cochran – Opposition to Motions to Intervene

Ohio supplemental filing and motion for leave to file, March 19, 2021

20210319081851347_SCOTUS Motion for Leave to File Supp Brief re Intervention

AAPLObGyn supplemental filing and motion for leave to file, March 19, 2021

20210319121745519_20-429 Motion for Leave to File a Supplement Brief in Support of Intervention and Brief in Support of Intervention

Ohio reply supporting intervention, March 19, 2021

20210319150728838_Reply ISO Intervention

AAPLObGyn reply supporting intervention, March 22, 2021

20210322130659907_2021.03.22 Reply in Support of Motion to Intervene with Declaration

US letter to the Court, April 15, 2021

20210415103405665_Letter 20-429 20-454 20-539

Order, April 26, 2021

042621zor_e18f

20-429 ) AMERICAN MEDICAL ASSN., ET AL. V. BECERRA, SEC. OF H&HS, ET AL.
20-454 ) BECERRA, SEC. OF H&HS, ET AL. V. MAYOR AND CITY COUNCIL BALTIMORE
20-539 ) OREGON, ET AL. V. BECERRA, SEC. OF H&HS, ET AL.
The Acting Solicitor General is directed to file a letter brief addressing the following question: Whether the Government intends to continue to enforce the challenged rule and regulations outside the State of Maryland until the completion of notice and comment; and, if further litigation is brought against the challenged rule and regulations outside of Maryland, how the Government would intend to respond. The brief, not to exceed three pages, is to be filed by Monday, May 3, 2021. The non-federal parties and the proposed intervenors may submit any responses in letter briefs, not to exceed three pages each, by
Monday, May 10, 2021.

Petitioners’ unopposed request for 2d extension to file opening briefs, April 29, 2021

20210429100438321_Extension letter 20-429 20-454 20-539 merit 2-1

US letter responding to April 26 order, May 3, 2021

20210503144133267_20-429 Am Med 20-454 and 20-539

Ohio letter responding to US letter, May 10, 2021

20210510152701058_Title X Response Letter

American Ass’n of Pro Life OB GYN letter, May 10, 2021

20210510163928117_2021.05.10 Response Letter Brief_Final-1

May 17 2021 The Government has filed a letter brief representing that it will continue enforcing the challenged rule and regulations outside the State of Maryland for as long as they remain operative. If further litigation is brought against the challenged rule and regulations outside of Maryland, the Government represents that it will either oppose that litigation on threshold grounds or seek to hold the litigation in abeyance pending the completion of notice and comment. In light of the Government’s representations, the motions for leave to intervene are denied, and the petitions in Nos. 20-429, 20-454, and 20-539 are dismissed pursuant to Rule 46.1. If the Government fails to enforce the challenged rule and regulations outside of Maryland prior to the completion of notice and comment, or if litigation is brought against the challenged rule and regulations outside of Maryland, any aggrieved party may file an application in this Court after seeking relief in the appropriate District Court and Court of Appeals. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the motions for leave to intervene and deny the stipulations to dismiss the petitions. VIDED.

Intervening on appeal to defend a prior Administration’s regulation (Supreme Court, Ninth Circuit)

SUPREME COURT AND NINTH CIRCUIT MOTION PRACTICE IN ONE OF THE PUBLIC CHARGE CASES, Nos. 20-449, 20-450, and 20-962; Nos. 19-17213, 19-17214, and 19-35044 (9th Cir.)

Stipulation to dismiss petition, March 9, 2021

20210309095806348_20-962 – USCIS v City and County of San Francisco Dismissal Stipulation

Mar 09 2021Petition Dismissed – Rule 46.

US notice re Cook County case and new policy, March 10, 2021

merged_58850_-1-1615473350

US letter re dismissal of petition, March 10, 2021

9C US letter re cert dismissal 3 10 21

Arizona motion to intervene, March 10, 2021

9C Arizona motion to intervene 3 10 21

South Carolina motion to join Arizona intervention, March 11, 2021

9C SC amicus join mo

US opposition to intervention, March 22, 2021

9C US op interv

Plaintiffs’ joint opposition to intervention, March 22, 2021

9C state pltfs interv op

Intervening to defend a religious exception to a civil rights statute

Hunter v. U.S. Dep’t of Education, No. 6:21-cv-474 (D. Or., filed March 29, 2021)

Complaint

7373227-0–82516

Motion to intervene, with memo, April 9, 2021

merged_13281_-1-1623253299

Western Baptist declaration

7388428-0–71068

William Jessup declaration

7388450-0–71229

Phoenix Seminary declaration

7388459-0–71299

Intervenors’ proposed motion to dismiss, May 13, 2021

merged_3167_-1-1623253715

U.S. opposition to motion to intervene,

7460300-0–71731

Fireworks Federalism

Noem v. Haaland, No. 3:21-cv-3009 (D. S.D., filed April 30, 2021)

Noem v. Haaland complaint

Motion/memo for preliminary injunction, with exhibits, April 30, 2021

Noem v. Haaland PI ms

Motion to expedite briefing schedule, May 3, 2021

SD mo to expedite briefing 5 3 21

US opposition to expediting briefing, May 6, 2021

US op to exped 5 6 21

Order expediting briefing, May 6, 2021

Order expediting briefing 5 6 21

US Answer, May 13, 2021

US answer

Order denying preliminary injunction, June 2, 2021

Order denying fireworks PI

Intervening on appeal to defend a state law (case taken by the Supreme Court, March 29, 2021)

EMW Women’s Surgical Center v. Friedlander, No. 19-5516 (6th Cir.)

Sixth Circuit order denying intervention, June 24, 2020

6C order denying intervention

Sixth Circuit order rejecting Cameron petition for rehearing en banc, July 16, 2020

6C order rejecting rheb petition

Cameron petition for cert, No. 20-601, October 30, 2020

20201030151534720_Cameron PFC Petition-1

Arizona et al brief in support, December 7, 2020

20201207135426780_20-601 Amici Brief States

Plaintiffs’ opposition to Cameron cert petition, February 5, 2021

20210205130341140_20-601 Cameron v EMW Women Surgical Center Brief in Opposition

Cameron reply, February 19, 2021

20210219152550103_20-601 Reply in Support of Cert

Order, No. 20-601, March 29, 2021

Mar 29 2021Petition GRANTED limited to Question 1 presented by the petition.

[Question 1:]  Whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law.

Apr 27 2021 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner’s brief on the merits is extended to and including June 14, 2021. The time to file respondents’ brief on the merits is extended to and including August 13, 2021.

Barry Cushman, The Judicial Reforms of 1937, 61 William and Mary Law Review 995 (2020)

SSRN-id3389453

 

The Biden Administration’s attempt to reverse a Trump Administration Clean Water Act regulation

[]

Louisiana v. American Rivers, No. 21A539

Application, with 4 appendices, March 21, 2022

20220321164452664_State of Louisiana v. American Rivers – SCOTUS Stay Application

20220321164529727_State of Louisiana v. American Rivers – Appendix Volume I

20220321164626274_State of Louisiana v. American Rivers – Appendix Volume II

20220321164640336_State of Louisiana v. American Rivers – Appendix Volume III

20220321164648118_State of Louisiana v. American Rivers – Appendix Volume IV

Mar 23 2022 Response to application (21A539) requested by Justice Kagan, due by 3 p.m. on Monday, March 28, 2022.

State/American Rivers response, with 3 appendices, March 28, 2022

20220328124123197_21A539_StateResponse

20220328134705665_RespAppVol1

20220328134740519_RespAppVol2

20220328134749800_RespAppVol3

US response, March 28, 2022

20220328135259034_21A539 American Rivers FINAL

Louisiana reply, March 30, 2022

20220330141349983_21A539 Reply

Order, including dissent, April 6, 2022

21a539_6jgm

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The Ninth Circuit’s Clean Water Act no-vacatur-without-merits-decision opinion

American Rivers v. American Petroleum Institute, No. 21-16958 (9th Cir., February 21, 2023)

21-16958

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The Fifth Circuit’s en banc bump stock opinion

Cargill v. Garland, No. 20-51016 (5th Cir., Jan. 6, 2022) (en banc)

20-51016-CV2

====

Utah v. Walsh, No. 2:23-cv-16 (N.D. Tex., filed January 26, 2023)

Complaint

Utah v. Walsh complaint 1 26 23

US motion to transfer, February 7, 2023

Utah v. Walsh US motion to transfer 2 7 23

Plaintiffs’ opposition to motion to transfer, February 28, 2023

UT v Walsh transfer op 2 28 23

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Disability Law Center comments on Anchorage Intervention 2020 proposal

DLC analysis — Anchorage Intervention 2020 x

 

Carr order, November 7, 2022

Carr order 11 7 22

Plaintiffs’ motion for expedited consideration, November 10, 2022

Carr pltf x con mo 11 10