Texas v. New Mexico
Headline: Court appoints Senior Judge Jean Sala Breitenstein as Special Master to manage filings, gather evidence, issue subpoenas, and consider the United States’ intervention motion, with related costs charged to the parties.
Holding:
- A Special Master will manage filings, evidence collection, and witness subpoenas in the case.
- The Master’s actual expenses and related costs will be charged to the parties as the Court later directs.
- The Chief Justice can appoint a replacement if the Special Master’s post becomes vacant during a recess.
Summary
Background
The Court ordered that the Honorable Jean Sala Breitenstein, a Senior Judge on the United States Court of Appeals for the Tenth Circuit, be appointed Special Master in this case. The order refers to an earlier Court order and notes that the United States has filed a motion for leave to intervene. The appointment is procedural: it gives one judge special authority to handle parts of the case that the Court wants managed outside the normal briefing schedule.
Reasoning
The Court gave the Special Master authority to fix times and conditions for filing additional papers and to direct later proceedings. He may summon witnesses, issue subpoenas, and take evidence both that is introduced and that he deems necessary to call for. The Master is directed to submit such reports as he deems appropriate. The order also authorizes the Chief Justice to appoint a replacement if the Special Master’s position becomes vacant during a Court recess.
Real world impact
A single judge will control further fact-gathering and procedural steps, including witness testimony and subpoenas. The Master will be paid actual expenses, and the Court will later decide how the parties share those costs, including assistants’ pay and report printing. The United States’ motion to intervene is specifically referred to the Special Master for handling. The order is procedural and allocates case management and cost decisions while the litigation proceeds.
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