Texas v. New Mexico
Headline: Court appoints a Senior federal judge as Special Master to manage proceedings, gather evidence, summon witnesses, set filing rules, and have parties share related costs under later Court direction.
Holding: The Court ordered the appointment of Jean Sala Breitenstein as Special Master with authority to manage filings, summon witnesses, take evidence, submit reports, and charge related expenses to the parties.
- Authorizes a judge to collect evidence and manage further proceedings.
- Makes parties responsible for Special Master expenses as the Court later decides.
- Refers the Government's motion to the Special Master for consideration.
Summary
Background
The Court issued an order in an ongoing case and named Jean Sala Breitenstein, a Senior Judge on the United States Court of Appeals for the Tenth Circuit, to serve as Special Master. The opinion notes that the United States filed a motion for leave to intervene and that the Court referred that motion to the Special Master for consideration. The order does not identify the other private parties in the dispute.
Reasoning
The Court gave the Special Master specific managerial powers to move the case forward. He may fix times and conditions for filing additional papers, direct subsequent proceedings, summon witnesses, issue subpoenas, and receive and take evidence both presented by the parties and that he decides is necessary to call. The Master is told to submit reports he considers appropriate, and he may be reimbursed for his actual expenses. The Court also ordered that the Master’s allowances, the pay for his assistants, printing costs for his report, and other proper expenses will be charged to the parties in proportions the Court will later set. If the Special Master position becomes vacant during a Court recess, the Chief Justice may designate a replacement with the same effect as an original Court appointment.
Real world impact
This order hands day-to-day control of the next steps in the lawsuit to the Special Master. Witnesses can be summoned and evidence collected under his direction. Parties should expect to share the financial burden of running these proceedings according to the Court’s future directions. This is a procedural management decision, not a final ruling on the case’s underlying issues.
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