LaFreniere v. Regents of the University of California

2011-12-05
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Headline: Court stays three orders from a Texas federal district court, consolidates the related appeals, and sets briefing deadlines plus a January oral argument while it considers the cases.

Holding:

Real World Impact:
  • Pauses enforcement of the district court’s orders while the Supreme Court reviews the cases.
  • Consolidates the related appeals so a single ruling will decide them together.
  • Requires simultaneous briefs by set dates with 15,000-word limits and schedules oral argument.
Topics: emergency stays, federal appeals, case consolidation, briefing schedule

Summary

Background

Several appeals from the United States District Court for the Western District of Texas were presented to Justice Scalia and referred to the full Court. The district court had issued orders on November 23, November 25, and November 26, 2011, in the listed cases, and parties filed applications asking the Supreme Court to stay those district-court orders while the Court considers the appeals.

Reasoning

The Court considered whether to pause the district-court orders and proceed toward review. The Court granted the applications and stayed the district-court orders pending further order of the Court. It treated the stay applications as statements to help establish the Supreme Court’s jurisdiction and noted probable jurisdiction. The Court also consolidated the cases, allotted one hour for oral argument, and set a briefing schedule. Appellants’ and appellees’ briefs, each not to exceed 15,000 words, were to be filed and served by 2 p.m. on Wednesday, December 21, 2011; reply briefs, also not to exceed 15,000 words, were to be filed and served by 2 p.m. on Tuesday, January 3, 2012. Oral argument was scheduled for Monday, January 9, 2012, at 1 p.m. The order reports the appeal citation below as No. 11-713, 835 F. Supp. 2d 209.

Real world impact

The immediate effect is that the district-court orders are paused while the Supreme Court considers the consolidated appeals. The parties must meet the Court’s briefing deadlines and word limits and prepare for a single oral argument. This order is procedural and temporary; the stays last only until the Court issues further orders and do not decide the final merits of the appeals.

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