UNITED STATES v. ABBOTT

No. 23-50632.

92 F.4th 570 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Greg ABBOTT, in his capacity as Governor of the State of Texas; State of Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed February 9, 2024.


Attorney(s) appearing for the Case

Michael Thomas Gray , Andrew Marshall Bernie , Andrew D. Knudsen , U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Brian H. Lynk, Esq. , Trial Attorney, U.S. Department of Justice, Environmental Defense Section, Washington, DC, Landon Wade , U.S. Attorney's Office, Western District of Texas, Austin, TX, for Plaintiff-Appellee.

Aaron Lloyd Nielson , Lanora Christine Pettit , Coy Allen Westbrook , Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Munera Al-Fuhaid , Ryan Daniel Walters , Attorney, Office of the Texas Attorney General, Special Litigation Division, Austin, TX, for Defendants-Appellants.

Matt A. Crapo, Immigration Reform Law Institute, Washington, DC, for Amicus Curiae Immigration Reform Law Institute.

Anthony J. Powell, Office of the Attorney General for the State of Kansas, Topeka, KS, for Amici Curiae State of Kansas, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Louisiana, State of Missouri, State of Montana, State of North Dakota, State of Oklahoma, State of Utah, State of Virginia.

Before Richman, Chief Judge, and King, Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and Ramirez, Circuit Judges.


IT IS ORDERED that "Appellants' Emergency Motion to Stay Trial Proceedings Pending En Banc Review" is DENIED.

IT IS FURTHER ORDERED that the administrative stay previously issued by this court on January 27, 2024, is VACATED.

Edith H. Jones, Circuit...

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