Case: 19-10011

Document: 00515018051

Page: 1

Kyle D. Hawkins
Solicitor General

Date Filed: 07/01/2019

(512) 936-1700
kyle.hawkins@oag.texas.gov

July 1, 2019
Lyle W. Cayce, Clerk
United States Court of Appeals for the Fifth Circuit
600 S. Maestri Place, Suite 115
New Orleans, LA 70130
Re:

No. 19-10011, Texas v. United States

Dear Mr. Cayce:
On June 26, the panel requested supplemental briefing on several significant
questions about the standing of the intervenors, the existence of a live case or
controversy, and the “appropriate conclusion” to this appeal in the event the Court
lacks appellate jurisdiction. These questions, which turn in part on a recent U.S.
Supreme Court decision, have not previously been briefed by the parties and
implicate considerations that may affect each Plaintiff-Appellee State differently.
These important and potentially dispositive questions merit a thorough response
that represents the cohesive views of all Plaintiff-Appellee States and their respective
Attorneys General. As of today, it appears unlikely that any such response will be
completed by the Court’s July 3 deadline.
As a result, the Plaintiff-Appellee States ask the Court to extend by 20 days—to
July 23, 2019—the time to file their supplemental brief. The Plaintiff-Appellee States
further ask the Court to continue the oral argument setting to a date of the Court’s
choosing after supplemental briefs have been filed.
The State Intervenor-Defendants and the U.S. House oppose this request and
intend to file a written opposition. The Individual Plaintiffs-Appellees oppose but
will not file a written opposition. The federal Defendants oppose any extension of
the supplemental briefing deadline that would delay the scheduled oral argument,

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 Case: 19-10011

Document: 00515018051

Page: 2

Date Filed: 07/01/2019

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but would consent to any extension of the supplemental briefing until 24 hours before
the scheduled oral argument.
Sincerely yours,
/s/ Kyle D. Hawkins
Kyle D. Hawkins
Lead Counsel of Record for
Plaintiff-Appellee States

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 Case: 19-10011

Document: 00515018051

Page: 3

Date Filed: 07/01/2019

Page 3
Certificate of Service
On July 1, 2019, this letter was served via CM/ECF on all registered counsel
and transmitted to the Clerk of the Court. Counsel further certifies that: (1) any
required privacy redactions have been made in compliance with Fifth Circuit Rule
25.2.13; (2) the electronic submission is an exact copy of the paper document in
compliance with Fifth Circuit Rule 25.2.1; and (3) the document has been scanned
with the most recent version of Symantec Endpoint Protection and is free of
viruses.
/s/ Kyle D. Hawkins
Kyle D. Hawkins
Certificate of Conference
On July 1, 2019, I contacted lead counsel for the other parties on appeal
regarding the relief requested in this letter. The State Intervenor-Defendants and
the U.S. House oppose and intend to file a written opposition. The Individual
Plaintiffs-Appellees oppose. The federal Defendants oppose any extension of the
supplemental briefing deadline that would delay the scheduled oral argument, but
would consent to any extension of the supplemental briefing until 24 hours before
the scheduled oral argument.
/s/ Kyle D. Hawkins
Kyle D. Hawkins

P o s t O f f i c e B o x 1 2 5 4 8 , A u s ti n , Tex as 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www.t exas atto r n e yg e n e r a l .g o v