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USA v. Abbott

23-50632 | U.S. Court of Appeals, Fifth Circuit

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Filed Sept. 6, 2023
Terminated July 30, 2024
Judges King, Willett, and Douglas
Nature of Suit 1893 Environmental Matters
Original Case 1:23-cv-00853
Last Updated: 1 day, 5 hours ago Show Interactive Timeline
Filing Date # Docket Text
11/4/2024
  • Motion
UNOPPOSED MOTION filed by Appellants Mr. Greg Abbott and State of Texas to extend the time to file a rehearing until 12/04/2024 [275]. Date of service: 11/04/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Melton, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Lanora Christine Pettit ) [Entered: 11/04/2024 05:57 PM]
9/23/2024MANDATE ISSUED. Mandate issue date satisfied. [23-50632] (CAS) [Entered: 09/23/2024 08:21 AM]
8/13/2024273ATTORNEY NOT PARTICIPATING. Coy Westbrook is designated as inactive in this case. Reason:no longer with Attorney General's office. [23-50632] (CAS) [Entered: 08/13/2024 11:27 AM]
8/12/2024LETTER filed: request to withdraw as arttorney. No longer with Attorney General's office. [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellant Mr. Greg Abbott to withdraw as counsel [271]. Date of service: 08/12/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Melton, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Coy Allen Westbrook ) [Entered: 08/12/2024 04:02 PM]
8/8/2024
  • Response
RESPONSE/OPPOSITION [268] to the Letter filed by Appellants State of Texas and Mr. Greg Abbott in 23-50632 [261] Date of Service: 08/08/2024. [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Appellee USA referencing filed by Appellants Mr. Greg Abbott and State of Texas [266], Court directive requesting a response [264], filed by Appellants Mr. Greg Abbott and State of Texas [261]. Date of Service: 08/08/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Melton, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Michael Thomas Gray ) [Entered: 08/08/2024 12:42 PM]
8/7/2024LETTER filed by Appellants Mr. Greg Abbott and State of Texas referencing filed by Appellants Mr. Greg Abbott and State of Texas [261]. Date of Service: 08/07/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Melton, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Lanora Christine Pettit ) [Entered: 08/07/2024 04:25 PM]
8/7/2024COURT DIRECTIVE ISSUED requesting a response to the Letter filed by Appellants State of Texas and Mr. Greg Abbott in 23-50632 [261] Response/Opposition due from Appellee on 08/08/2024, by 5:00 PM. [23-50632] (CAS) [Entered: 08/07/2024 02:41 PM]
8/6/2024LETTER filed by Appellants Mr. Greg Abbott and State of Texas to notify the Court of developments in the district court.. Date of Service: 08/06/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Melton, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Lanora Christine Pettit ) [Entered: 08/06/2024 07:42 PM]
8/6/2024DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Rule 28j Letter received from Appellants Mr. Greg Abbott and State of Texas because the opinion has issued in the case. Counsel should refile as a letter. [23-50632] (RSM) [Entered: 08/06/2024 02:16 PM]
7/30/2024
  • Motion for Judgment
JUDGMENT ENTERED AND FILED. [23-50632] (WMJ) [Entered: 07/30/2024 08:36 PM]
7/30/2024PUBLISHED OPINION FILED. [23-50632 Reversed and Remanded, Stay Pending Appeal Reversed] Judge: PR , Judge: CDK , Judge: EHJ , Judge: JES , Judge: CES , Judge: JWE , Judge: LHS , Judge: CH , Judge: JEG , Judge: SAH , Judge: DRW , Judge: JCH , Judge: SKD , Judge: KDE , Judge: ASO , Judge: CTW , Judge: DMD , Judge: ICR Mandate issue date is 09/23/2024. (This opinion includes URL material that is archived by the Fifth Circuit Court of Appeals Library, and made available at http://www.lb5.uscourts.gov/ArchivedURLS/.) [23-50632] (WMJ) [Entered: 07/30/2024 08:34 PM]
7/30/2024249APPEARANCE FORM FILED by Attorney(s) Michelle Melton for party(s) Appellee USA, in case 23-50632 [23-50632] (RSM) [Entered: 07/30/2024 01:51 PM]
7/30/2024APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50632] (Michelle Melton ) [Entered: 07/30/2024 11:27 AM]
7/2/2024
  • Response
RESPONSE filed by Appellee USA to the filed by Appellants Mr. Greg Abbott, State of Texas, Mr. Greg Abbott and State of Texas [244], filed by Appellants Mr. Greg Abbott and State of Texas [242] Date of Service: 07/02/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Michael Thomas Gray ) [Entered: 07/02/2024 10:31 AM]
6/28/2024SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants Mr. Greg Abbott and State of Texas [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants Mr. Greg Abbott and State of Texas Date of Service: 06/28/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Lanora Christine Pettit ) [Entered: 06/28/2024 06:21 PM]
6/24/2024SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants Mr. Greg Abbott and State of Texas Date of Service: 06/24/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Lanora Christine Pettit ) [Entered: 06/24/2024 02:49 PM]
6/21/2024
  • Response
RESPONSE filed to the 28j Letter filed by Appellants State of Texas and Mr. Greg Abbott in 23-50632 [238] [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE filed by Appellee USA to the filed by Appellants Mr. Greg Abbott and State of Texas [238] Date of Service: 06/21/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Michael Thomas Gray ) [Entered: 06/21/2024 03:14 PM]
6/18/2024SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants Mr. Greg Abbott and State of Texas Date of Service: 06/18/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Lanora Christine Pettit ) [Entered: 06/18/2024 10:06 AM]
5/24/2024SUPPLEMENTAL REPLY BRIEF FILED
# of Copies Provided: 0 Supplemental Reply Brief deadline satisfied [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL REPLY BRIEF FILED by USA Date of service: 05/24/2024 [23-50632] (Michael Thomas Gray ) [Entered: 05/24/2024 11:47 AM]
5/24/2024SUPPLEMENTAL REPLY BRIEF FILED
# of Copies Provided: 0 Supplemental Reply Brief deadline satisfied [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL REPLY BRIEF FILED by Mr. Greg Abbott and State of Texas Date of service: 05/24/2024 [23-50632] (Lanora Christine Pettit ) [Entered: 05/24/2024 11:44 AM]
5/22/2024APPELLEE'S SUPPLEMENTAL LETTER BRIEF FILED # of Copies Provided: 0 E/Res's Supplemental Brief deadline satisfied [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S SUPPLEMENTAL BRIEF FILED by USA Date of service: 05/22/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Michael Thomas Gray ) [Entered: 05/22/2024 11:47 AM]
5/22/2024APPELLANT'S SUPPLEMENTAL LETTER BRIEF FILED. # of Copies Provided: 0 A/Pet's Supplemental Brief deadline satisfied [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Appellants Mr. Greg Abbott and State of Texas referencing [226]. Date of Service: 05/22/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Stone, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Lanora Christine Pettit ) [Entered: 05/22/2024 11:09 AM]
5/16/2024COURT DIRECTIVE ISSUED requesting supplemental letter briefing [226] A/Pet Supplemental Letter Brief due on 05/22/2024 by 12:00 NOON for Appellants Greg Abbott and State of Texas. E/Res Supplemental Letter Brief due on 05/22/2024 by 12:00 NOON for Appellee United States of America.. Supplemental Reply Letter Briefs due on 05/24/2024 by 12:00 NOON for Appellants Greg Abbott and State of Texas and Appellee United States of America.. [23-50632] (CAS) [Entered: 05/16/2024 09:55 AM]
5/15/2024224APPEARANCE FORM FILED by Attorney(s) Johnathan Stone for party(s) Appellant Greg Abbott Appellant State of Texas, in case 23-50632 [23-50632] (ABT) [Entered: 05/15/2024 11:49 AM]
5/15/2024223EN BANC ORAL ARGUMENT HEARD Richman, King, Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez En Banc;. Arguing Person Information Updated for: Michael Thomas Gray arguing for Appellee United States of America; Arguing Person Information Updated for: Lanora Christine Pettit arguing for Appellants Greg Abbott, Et Al. [23-50632] (PFT) [Entered: 05/15/2024 11:20 AM]
5/15/2024APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50632] (Johnathan Stone ) [Entered: 05/15/2024 11:10 AM]
5/3/2024LETTER filed by Appellants Mr. Greg Abbott and State of Texas. [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants Mr. Greg Abbott and State of Texas Date of Service: 05/03/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell, Somin [23-50632] (Lanora Christine Pettit ) [Entered: 05/03/2024 05:50 PM]
4/26/2024ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Michael Thomas Gray for Appellee USA [23-50632] (Michael Thomas Gray ) [Entered: 04/26/2024 03:09 PM]
4/26/2024ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Ms. Lanora Christine Pettit for Appellants Mr. Greg Abbott and State of Texas [23-50632] (Lanora Christine Pettit ) [Entered: 04/26/2024 01:07 PM]
4/17/2024216Paper copies of Amicus Brief filed by Amicus Curiae Cato Institute in 23-50632 received. Paper copies match electronic version of document? Yes # of Copies Provided: 22. Paper Copies of Brief due deadline satisfied. [23-50632] (PFT) [Entered: 04/17/2024 08:28 AM]
4/12/2024AMICUS CURIAE BRIEF FILED by Cato Institute. Consent is Not Necessary as a Motion has been Granted.
# of Copies Provided: 0
Paper Copies of Brief due on 04/17/2024 for Amicus Curiae Cato Institute. [23-50632] (CAS) [Entered: 04/12/2024 01:51 PM]
4/12/2024
  • Motion to File BriefGranted
COURT ORDER granting Motion to file amicus brief filed by Cato Institute [200] filed by Cato Institute in 23-50632 [23-50632] (CAS) [Entered: 04/12/2024 01:45 PM]
3/26/2024CASE CALENDARED for En Banc rehearing on Wednesday, 05/15/2024 in New Orleans in the En Banc Courtroom -- AM session. The courtroom deputy assigned to your case is Pam Trice. See the letter attached for full contact information. [23-50632] (PFT) [Entered: 03/26/2024 10:41 AM]
3/22/2024205APPEARANCE FORM FILED by Attorney Ilya Somin for Not Party Cato Institute in 23-50632 [23-50632] (RSM) [Entered: 03/22/2024 05:31 PM]
3/22/2024
  • Motion
UNOPPOSED MOTION by Not Party Cato Institute to file amicus brief [200] Date of Service: 03/22/2024 [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by Cato Institute and Professor Ilya Somin to file amicus brief [200] Date of service: 03/22/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell [23-50632] (Ilya Somin ) [Entered: 03/22/2024 11:15 AM]
3/22/2024APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-50632] (Ilya Somin ) [Entered: 03/22/2024 11:12 AM]
3/21/2024197Paper copies of Appellee Supplement Brief filed by Appellee USA in 23-50632 received. Paper copies match electronic version of document? Yes # of Copies Provided: 22. Paper Copies of Brief due deadline satisfied. [23-50632] (PFT) [Entered: 03/21/2024 09:41 AM]
3/18/2024APPELLEE'S SUPPLEMENTAL BRIEF FILED # of Copies Provided: 0 E/Res's Supplemental Brief deadline satisfied. Paper Copies of Brief due on 03/25/2024 for Appellee United States of America. [23-50632]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S SUPPLEMENTAL BRIEF FILED by USA Date of service: 03/18/2024 via email - Attorney for Appellants: Al-Fuhaid, Bryant, Cole, Nielson, Pettit, Walters, Westbrook; Attorney for Appellees: Bernie, Gray, Knudsen, Lynk, Wade; Attorney for Amici Curiae: Crapo, Hurst, Olson, Powell [23-50632] (Andrew Marshall Bernie ) [Entered: 03/18/2024 03:18 PM]
3/8/2024193Paper copies of Amicus Brief filed by Amici Curiae Gun Owners Foundation, Citizens United, Citizens United Foundation, Tennessee Firearms Association, America's Future, U.S. Constitutional Rights Legal Defense Fund, Tennessee Firearms Foundation and Gun Owners of America in 23-50632 received. Paper copies match electronic version of document? Yes # of Copies Provided: 22. Paper Copies of Brief due deadline satisfied. [23-50632] (KMP) [Entered: 03/08/2024 02:00 PM]
3/8/2024192Paper copies of Amicus Brief filed by Amicus Curiae Immigration Reform Law Institute in 23-50632 received. Paper copies match electronic version of document? Yes # of Copies Provided: 22. Paper Copies of Brief due deadline satisfied. [23-50632] (KMP) [Entered: 03/08/2024 01:54 PM]
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