Case: State of Texas v. Biden

6:22-cv-00004 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 10, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging President Biden’s 2021 Executive Order on Increasing the Minimum Wage for Federal Contractors (Executive Order 14,026), which set a salary floor of $15 per hour for contracting employees who work with the federal government. After engaging in notice-and-comment rulemaking, the Department of Labor published a final rule known as the Wage Mandate implementing this Executive Order. On February 10, 2022, Texas, Louisiana, and Mississippi filed this lawsuit in the United S…

This is a case challenging President Biden’s 2021 Executive Order on Increasing the Minimum Wage for Federal Contractors (Executive Order 14,026), which set a salary floor of $15 per hour for contracting employees who work with the federal government. After engaging in notice-and-comment rulemaking, the Department of Labor published a final rule known as the Wage Mandate implementing this Executive Order.

On February 10, 2022, Texas, Louisiana, and Mississippi filed this lawsuit in the United States District Court for the Southern District of Texas. The case was assigned to Judge Drew B. Tipton. The States sued President Joe Biden and the Department of Labor pursuant to the Procurement Act and the Administrative Procedure Act (APA). In Count I of their complaint, the plaintiffs asserted that the Biden Administration acted ultra vires and exceeded its authority under the Procurement Act. In Count II, the plaintiffs claimed that the Wage Mandate was unlawful under the APA. In Count III, the plaintiffs claimed that the Department of Labor’s actions were arbitrary and capricious when it implemented the Wage Mandate. In Count IV, the plaintiffs claimed that even if the Wage Mandate was lawful under the Procurement Act, the nondelegation doctrine nonetheless barred Congress from transferring its legislative power to another branch of government. Lastly, in Count V, the plaintiffs claimed that the Wage Mandate violated the Constitution’s Spending Clause.

The States asked the court to: (1) declare that the Wage Mandate violated the U.S. Constitution and federal law, (2) declare that the Biden Administration’s actions in enforcing the Wage Mandate was ultra vires; (3) set aside the Wage Mandate; (4) permanently enjoin the Biden Administration from enforcing the Wage Mandate; (5) award the plaintiffs costs and attorneys’ fees; and (6) award any other relief the court deemed equitable and just.

On April 29, 2022, the federal government filed a motion to dismiss, or in the alternative, for summary judgment. It argued that the President was empowered by Congress to decide what is necessary to improve economy and efficiency in government contracting, making a minimum wage mandate legal. In response, the States filed a cross-motion for summary judgment on July 8, 2022.

For the next year and a half, the parties continued to file responses, replies, and supplemental authorities on the motions. On September 26, 2023, the court granted in part and denied in part both the plaintiffs’ and the defendants’ motions for summary judgment. 2023 WL 6281319. As to Count I of the State plaintiffs’ complaint, the court held that the Procurement Act’s text, history, and purpose did not authorize the President broad policy-making authority to set the minimum wage of certain employees of federal contractors. In addition, Congress had not authorized the President to raise the minimum wage and the Executive Order implicated the Major Questions Doctrine, where courts will presume that Congress does not delegate to executive agencies issues of major political or economic significance. However, the court granted the defendants’ motion for summary judgment on plaintiffs’ challenges under the APA because the APA did not provide a cause of action for challenging executive orders, only agency action. Because the court already determined the Executive Order exceeded the President’s authority under the Procurement Act, it declined to reach the questions of whether the implementation of the Order as the Wage Mandate was reviewable under the APA, and whether the Order was unconstitutional as a result of the nondelegation doctrine and/or the spending clause. As a result, the court enjoined the Biden Administration from enforcing the Executive Order against the plaintiff States, but denied all other requested relief. 

On November 22, 2023, the federal government appealed the case to the U.S. Court of Appeals for the Fifth Circuit. As of November 30, 2023, the appeal remains pending in the Fifth Circuit, under case number 23-40671. 

Summary Authors

Venesa Haska (11/30/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62992202/parties/state-of-texas-v-biden/


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Documents in the Clearinghouse

Document
1

6:22-cv-00004

Plaintiffs' Original Complaint

Feb. 10, 2022

Feb. 10, 2022

Complaint
67

6:22-cv-00004

Memorandum Opinion And Order

Sept. 26, 2023

Sept. 26, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62992202/state-of-texas-v-biden/

Last updated Dec. 1, 2023, 11:45 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-27734350) filed by Texas, State of. (Attachments: # 1 Civil Cover Sheet)(Hilton, Christopher) (Entered: 02/10/2022)

1 Civil Cover Sheet

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Feb. 10, 2022

Feb. 10, 2022

Clearinghouse
2

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(Hilton, Christopher) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
3

Summons Issued as to Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (Attachments: # 1 Biden AG, # 2 Biden USAO, # 3 DOL, # 4 DOL AG, # 5 DOL USAO, # 6 Walsh, # 7 Walsh AG, # 8 Walsh USAO, # 9 Looman, # 10 Looman AG, # 11 Looman USAO)(CarrieDickie, 6) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
4

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/12/2022 at 11:00 AM by video before Judge Drew B Tipton.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
5

RETURN of Service of SUMMONS Executed as to All Defendants, filed. (Attachments: # 1 Executed Summons, # 2 Executed Summons, # 3 Executed Summons, # 4 Executed Summons, # 5 Executed Summons, # 6 Executed Summons, # 7 Executed Summons, # 8 Executed Summons, # 9 Executed Summons, # 10 Executed Summons, # 11 Executed Summons)(Hilton, Christopher) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
6

NOTICE of Appearance by Daniel D. Hu on behalf of Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Hu, Daniel) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
7

MOTION for Justin M. Sandberg to Appear Pro Hac Vice by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 3/18/2022. (Hu, Daniel) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
8

MOTION for Taisa M. Goodnature to Appear Pro Hac Vice by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 3/18/2022. (Hu, Daniel) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
9

ORDER granting 7 Motion for Justin M. Sandberg to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
10

ORDER granting 8 Motion for Taisa M. Goodnature to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
11

NOTICE of Appearance by Taisa M. Goodnature on behalf of Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Goodnature, Taisa) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
12

NOTICE of Appearance by Justin M. Sandberg on behalf of Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Sandberg, Justin) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
13

Joint MOTION for Extension of Time To Respond To Complaint And To Adjourn Scheduling Conference by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 4/15/2022. (Attachments: # 1 Certificate of Service, # 2 Proposed Order)(Goodnature, Taisa) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
14

CERTIFICATE OF INTERESTED PARTIES by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Attachments: # 1 Certificate of Service)(Goodnature, Taisa) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
15

CERTIFICATE OF INTERESTED PARTIES by State Of Louisiana, State Of Texas, State of Mississippi, filed.(Hilton, Christopher) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
16

ORDER granting 13 Joint MOTION for Extension of Time To Respond To Complaint And To Adjourn Scheduling Conference. Defendants shall file a response to the Complaint by 4/29/2022. Initial Conference set for 6/7/2022 at 02:00 PM before Judge Drew B Tipton. (Signed by Judge Drew B Tipton) Parties notified.(CarrieDickie, 6) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER

***Answer due for Joseph R. Biden 4/29/2022; Department Of Labor 4/29/2022; Jessica Looman 4/29/2022; Martin J. Walsh 4/29/2022 per 16 Order. (CarrieDickie, 6)

March 29, 2022

March 29, 2022

PACER

Set/Reset Answer Deadline

March 29, 2022

March 29, 2022

PACER
17

MOTION for John V. Coghlan to Appear Pro Hac Vice by State of Mississippi, filed. Motion Docket Date 4/22/2022. (Attachments: # 1 Judge's Procedures)(Hilton, Christopher) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
18

ORDER granting 17 Motion for John Coghlan to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
19

MOTION for Elizabeth Baker Murrill to Appear Pro Hac Vice by State Of Texas, filed. Motion Docket Date 4/28/2022. (Attachments: # 1 Judge's Procedures)(Hilton, Christopher) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
20

MOTION for Joseph Scott St. John to Appear Pro Hac Vice by State Of Texas, filed. Motion Docket Date 4/28/2022. (Attachments: # 1 Judge's Procedures)(Hilton, Christopher) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
21

MOTION for Elisabeth Daigle to Appear Pro Hac Vice by State Of Texas, filed. Motion Docket Date 4/28/2022. (Attachments: # 1 Judge's Procedures)(Hilton, Christopher) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
22

ORDER granting 19 Motion for Elizabeth Baker Murrill to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
23

ORDER granting 20 Motion for Joseph Scott St. John to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
24

ORDER granting 21 Motion for Elisabeth Daigle to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
25

Unopposed MOTION for Leave to File Excess Pages by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 5/18/2022. (Attachments: # 1 Proposed Order)(Goodnature, Taisa) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
26

ORDER granting 25 Motion for Leave to File Excess Pages.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
27

MOTION to Dismiss 1 Complaint or for Summary Judgment by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 5/20/2022. (Attachments: # 1 Proposed Order)(Goodnature, Taisa) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
28

NOTICE of Filing of Certified Index of Administrative Record by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Attachments: # 1 Certified Index of the Administrative Record)(Goodnature, Taisa) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
29

MOTION for Leave to File Proposed Amicus Brief by State of Illinois, filed. Motion Docket Date 5/26/2022. (Attachments: # 1 Proposed Order, # 2 Proposed Brief of Amici Curiae, # 3 Cover Letter, # 4 Envelope)(BrittanyBoniface, 6) Modified on 5/9/2022 (BrittanyBoniface, 6). (Entered: 05/05/2022)

1 Proposed Order

View on PACER

2 Proposed Brief of Amici Curiae

View on RECAP

3 Cover Letter

View on PACER

4 Envelope

View on PACER

May 5, 2022

May 5, 2022

RECAP
30

MOTION for Darren Kinkead to Appear Pro Hac Vice by State of Illinois, filed. Motion Docket Date 5/26/2022. (BrittanyBoniface, 6) Modified on 5/9/2022 (BrittanyBoniface, 6). (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
31

MOTION for JoAnn Kintz to Appear Pro Hac Vice by Texas AFL-CIO, National Employment Law Project, Communications Workers of America, Service Employees International Union, National Women's Law Center, Economic Policy Institute, EveryTexan, Indiana Community Action Poverty Institute, filed. Motion Docket Date 5/26/2022. (Kintz, JoAnn) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
32

MOTION for Sean Lev to Appear Pro Hac Vice by Communications Workers of America, Economic Policy Institute, EveryTexan, Indiana Community Action Poverty Institute, National Employment Law Project, National Women's Law Center, Service Employees International Union, Texas AFL-CIO, filed. Motion Docket Date 5/26/2022. (Lev, Sean) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
33

ORDER granting 29 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
34

ORDER granting 30 Motion for Darren Kinkead to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

RECAP
35

AMICUS BRIEF in Support of Defendants re: 27 MOTION to Dismiss 1 Complaint or for Summary Judgment by State of Illinois, filed.(BrittanyBoniface, 6) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

RECAP
36

ORDER granting 32 Motion for Sean Lev to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(MaraGonzales, 2) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
37

MOTION for Leave to File Amici Curiae Brief by Communications Workers of America, Economic Policy Institute, EveryTexan, Indiana Community Action Poverty Institute, National Employment Law Project, National Women's Law Center, Service Employees International Union, Texas AFL-CIO, Southwest Laborers' District Council, filed. Motion Docket Date 5/27/2022. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Lev, Sean) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
38

ORDER granting 31 Motion for JoAnn Kintz to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(JessieHutchinson, 2) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

RECAP
39

ORDER granting 37 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

RECAP
40

AMICUS BRIEF in Support re: 27 MOTION to Dismiss 1 Complaint or in the Alternative Motion for Summary Judgment by Communications Workers of America, Economic Policy Institute, EveryTexan, Indiana Community Action Poverty Institute, National Employment Law Project, National Women's Law Center, Service Employees International Union, Southwest Laborers' District Council, Texas AFL-CIO, filed.(BrittanyBoniface, 6) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
41

Joint MOTION for Extension of Time for Plaintiffs' Opposition and Defendants' Reply by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 6/2/2022. (Attachments: # 1 Proposed Order)(Goodnature, Taisa) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
42

ORDER granting 41 Motion for Extension of Time for Plaintiffs' Opposition and Defendants' Reply. (Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
43

JOINT DISCOVERY/CASE MANAGEMENT PLAN by State Of Texas, filed.(Corbello, Courtney) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
44

Joint PROPOSED ORDER Scheduling Recommendations, filed.(Corbello, Courtney) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
45

NOTICE of Resetting. Parties notified. Initial Conference reset for 6/6/2022 at 02:30 PM before Judge Drew B Tipton, filed. Zoom link will be emailed to parties. All other participants may use the dial in instructions: Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +1 669 216 1590 US (San Jose) +1 551 285 1373 US Meeting ID: 160 994 8471 Passcode: 754354. (KelliePapaioannou, 2) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER

Minute Entry for proceedings held before Judge Drew B Tipton. SCHEDULING CONFERENCE held on 6/6/2022. Briefing Order to be issued. Appearances: Daniel David Hu, Taisa M. Goodnature, Joseph Scott StJohn, Courtney Brooke Corbello, Amy Snow Hilton, John V. Coghlan.(Digital # 2:34-2:43)(ERO:Nina Avila), filed.(KelliePapaioannou, 2)

June 6, 2022

June 6, 2022

PACER

Scheduling Conference

June 6, 2022

June 6, 2022

PACER
46

SCHEDULING ORDER. Motions to Add New Parties due by 6/20/2022. Motions for Leave to Amend Pleadings due by 6/20/2022. Deadline for the Plaintiffs to file (1) a response to Defendant's Motion to Dismiss and Motion for Summary Judgment 27 and (2) any Cross-Motion for Summary Judgment by 7/8/2022. Deadline for the Defendants to file (1) a response to Plantiff's Cross-Motion for Summary Judgment and (2) any reply in support of their Motion to Dismiss/Motion for Summary Judgment 27 by 8/12/2022. Deadline for Plaintiffs to file a reply in support of their Cross-Motion for Summary Judgment by 8/26/2022.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
47

Unopposed MOTION to Exceed Word Limits by State Of Louisiana, State Of Texas, State of Mississippi, filed. Motion Docket Date 7/27/2022. (Attachments: # 1 Proposed Order)(Hilton, Amy) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

PACER
48

ORDER granting 47 Motion to Exceed Word Limit.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
49

RESPONSE to 27 MOTION to Dismiss 1 Complaint or for Summary Judgment, filed by State Of Louisiana, State Of Texas, State of Mississippi. (Attachments: # 1 Appendix)(Hilton, Amy) (Entered: 07/09/2022)

July 8, 2022

July 8, 2022

PACER
50

MOTION for Pierce Smith to Appear Pro Hac Vice by State Of Texas, filed. Motion Docket Date 8/9/2022. (Smith, Pierce) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
51

ORDER granting 50 Motion for Pierce Smith to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER
52

MOTION for Justin L. Matheny to Appear Pro Hac Vice by State of Mississippi, filed. Motion Docket Date 8/15/2022. (Attachments: # 1 Exhibit Letter to Court Administrator)(Matheny, Justin) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
53

ORDER granting 52 Motion for Justin Matheny to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 07/27/2022)

July 26, 2022

July 26, 2022

PACER
54

MOTION for John V. Coghlan to Withdraw as Attorney by State of Mississippi, filed. Motion Docket Date 8/18/2022. (Attachments: # 1 Proposed Order)(Coghlan, John) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER
55

ORDER granting 54 Motion to Withdraw as Attorney. Attorney John V. Coghlan terminated.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

PACER
56

Unopposed MOTION to Exceed Word Limits by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 8/31/2022. (Attachments: # 1 Proposed Order)(Goodnature, Taisa) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER
57

ORDER Granting 56 Unopposed MOTION to Exceed Word Limits.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER
58

REPLY in Support of 27 MOTION to Dismiss 1 Complaint or for Summary Judgment, filed by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh. (Goodnature, Taisa) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
59

NOTICE of Withdrawal of Counsel by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Sandberg, Justin) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
60

Unopposed MOTION Exceed Word Limits by State Of Louisiana, State Of Texas, State of Mississippi, filed. Motion Docket Date 9/14/2022. (Attachments: # 1 Prop Order)(Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
61

ORDER granting 60 Motion to Exceed Word Limits..(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
62

REPLY to 58 Reply in Support of Motion for Summary Judgment, filed by State Of Louisiana, State Of Texas, State of Mississippi. (Hilton, Amy) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
63

NOTICE of Errata re: 58 Reply in Support of Motion by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Goodnature, Taisa) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER
64

NOTICE of Supplemental Authority by State Of Louisiana, State Of Texas, State of Mississippi, filed. (Hilton, Amy) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
65

RESPONSE to 64 Notice (Other) of Supplemental Authority, filed by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh. (Goodnature, Taisa) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
66

NOTICE of Supplemental Authority by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Attachments: # 1 Appendix)(Goodnature, Taisa) (Entered: 01/11/2023)

1 Appendix

View on PACER

Jan. 11, 2023

Jan. 11, 2023

PACER
67

MEMORANDUM OPINION AND ORDER granting in part and denying in part 27 MOTION to Dismiss 1 Complaint or for Summary Judgment; granting in part and denying in part 49 Plaintiffs' Cross-Motion for Summary Judgment. (Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

Clearinghouse
68

FINAL JUDGMENT. The Court STAYS the effect of this Final Judgment for seven days from the date of entry to allow the Defendants to seek relief at the appellate level. Case terminated on 9/26/2023(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

PACER
69

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 68 Final Judgment, 67 Memorandum and Opinion, by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Goodnature, Taisa) (Entered: 11/22/2023)

Nov. 22, 2023

Nov. 22, 2023

PACER
70

Clerks Notice of Filing of an Appeal (FORM,noticing) - Civil

Nov. 27, 2023

Nov. 27, 2023

PACER

Appeal Review Notes

Nov. 27, 2023

Nov. 27, 2023

PACER

USCA Case Number

Nov. 29, 2023

Nov. 29, 2023

PACER

Notice of Assignment of USCA No. 23-40671 re: 69 Notice of Appeal, filed.(BrittanyBoniface, 6)

Nov. 29, 2023

Nov. 29, 2023

PACER
71

DKT13 TRANSCRIPT ORDER REQUEST by Defendants-Appellants. Transcript is unnecessary for appeal purposes This order form relates to the following: 69 Notice of Appeal, filed. (Goodnature, Taisa) (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

PACER

Case Details

State / Territory: Texas

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: Feb. 10, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

States of Texas, Louisiana, and Mississippi.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President (- United States (national) -), Federal

Department of Labor (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation