Tuesday, March 24, 2015
Here is an update from Karen Tumlin, NILC’s managing attorney, on the Texas v. USA case:
Today the Fifth Circuit Court of appeals issued an order setting out key dates both for the Department of Justice’s request for an emergency stay of the injunction pending a full appeal and with respect to the briefing schedule for the full appeal.
With respect to the emergency motion for a stay, the Fifth Circuit Court of Appeals set an oral argument on that motion for 10 a.m. April 17 at the New Orleans courthouse. Other notes on this hearing:
· This is a hearing on the request for an emergency stay pending a full appeal. It is not a hearing on the underlying full appeal, which would happen later.
· The court is granting each side one hour for oral argument.
· The court has allowed the suing states to file an additional brief by April 14, noting that it will already have the benefit of DOJ’s opening appellate brief by then (which is due March 30th).
The court order today also set a briefing schedule for the full appeal. Below are the key dates:
· March 30—DOJ will file its opening brief
· April 6—any amicus briefs on the side of DOJ are due
· May 4—brief by suing states is due
· May 11—any amicus briefs on the state of the suing states are due
· May 18—reply brief by DOJ is due
· The court has not yet set an oral argument date for the full appeal.