Opinion
No. 22A17 (22-58)
07-21-2022
UNITED STATES, et al., Applicants, v. TEXAS, et al.
Application for stay presented to Justice Alito and by him referred to the Court 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 is 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 is 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.