Supreme Court

Case: 21-0194    
21-0194
02/24/2021
Petition for Review/Cause under Rule 53.1
THE TEXAS EDUCATION AGENCY; MIKE MORATH, COMMISSIONER OF EDUCATION IN HIS OFFICIAL CAPACITY; AND DORIS DELANEY, IN HER OFFICIAL CAPACITY 
HOUSTON INDEPENDENT SCHOOL DISTRICT 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/21/2022Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of the Texas Education Agency, et al.
02/11/2022Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Houston ISD.
12/15/2021Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Education Agency, et al.
07/02/2021Reply to Response to Petition filed Petitioner Reply in support of Petition for Review filed on behalf of Texas Education Agency, et al.
06/03/2021Response to PetitionRespondent Response to Petition for Review filed on behalf of Houston ISD.
02/24/2021Petition for ReviewPetitioner Petition for Review filed on behalf of The Texas Education Agency, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
03/01/2023Mandate issued  Mandate & Cost Bill Issued
02/22/2023Call received  Call received from counsel for Petitioner regarding case status.
02/21/2023Call received  Call received from counsel for Petitioner regarding case status.
01/30/2023Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due February 6, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/27/2023Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Houston ISD.
01/13/2023Court approved judgment sent to attorneys of recordIssued
01/13/2023Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment, vacates the temporary injunction, and remands the case to the trial court. Justice Bland delivered the opinion of the Court.
(1/13/2023 9:24:49 AM) 210194.pdf, 21-0194.jmt.pdf
10/06/2022Oral argument   Argued on behalf of Petitioners by Kyle D. Highful; Argued on behalf of Respondent by David J. Campbell
10/03/2022Submission Schedule  UPDATED Submission Schedule
09/30/2022Submission Schedule 
09/23/2022Letter Filed  Letter filed on behalf of Texas Education Agency, et al.
09/20/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Houston ISD. Oral Argument will be presented by David J. Campbell of O'Hanlon, Demerath & Castillo, of Austin, Texas.
09/20/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Texas Education Agency, et al. Oral Argument will be presented by Kyle D. Highful from the Office of the Attorney General of Texas from Austin, Texas.
06/24/2022Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 6, 2022.  Time allotted to argue: 20/20 minutes
05/27/2022Petition for Review disposedFiling granted
05/27/2022Petition for Review granted 
03/21/2022Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of the Texas Education Agency, et al.
02/25/2022Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due March 21, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/17/2022Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Texas Education Agency, et al.
02/11/2022Brief on the Merits  Response Brief on the Merits filed on behalf of Houston ISD.
01/31/2022Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Response Brief is due February 11, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due February 28, 2022.
01/31/2022Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Houston ISD.
12/20/2021Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief is due February 3, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due February 18, 2022.
12/17/2021Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Houston ISD
12/15/2021Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Education Agency, et al.
10/29/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's brief is due December 15, 2021. Response brief is due January 4, 2022. Reply brief is due January 19, 2021. Further requests for extensions of time for this filing will be disfavored.
10/29/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Texas Education Agency, et al.
10/15/2021Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than November 15, 2021; Response Brief due December 6, 2021; Reply brief due December 21, 2021.
In addition to briefing the issues presented in the petition, the Court requests that the parties brief the following question: If the court of appeals’ judgment remains in place and the case proceeds in the trial court, will it be necessary for the trial court to reconsider its temporary injunction under the Education Code as amended by Senate Bill 1365, or will prior law continue to govern respondent’s claims for declaratory as well as temporary and permanent injunctive relief?
10/06/2021Motion to withdraw disposed ofFiling granted Motion to Withdraw has been granted.
10/06/2021Miscellaneous motion disposed. See Remarks.Filing granted The Unopposed Motion for Extension of Time to file Response to Attorney General's Letter is granted. The Response was timely filed October 5, 2021.
10/06/2021Call received  Call received from counsel for Respondent regarding Motion to Withdraw as Counsel.
10/05/2021Letter Filed  Response to Attorney General Letter filed on behalf of Houston ISD.
10/05/2021Miscellaneous Motion  Unopposed Motion for Extension of Time to file Response to Attorney General Letter filed on behalf of Houston ISD.
10/05/2021Call received  Call received from counsel for respondent regarding requested response.
10/04/2021Notice requesting filing fee  Fee Request for Motion to Withdraw sent to counsel for Houston ISD.
10/01/2021Motion to Withdraw Filed  Motion to Withdraw filed on behalf of Houston ISD.
09/22/2021Supreme Court of Texas Requested Response  Requested response to the Attorney General Letter filed on September 3, 2021 due no later than October 4, 2021.
09/03/2021Letter Filed  Letter filed on behalf of the Texas Education Agency.
07/02/2021Reply to Response to Petition filed   Reply in support of Petition for Review filed on behalf of Texas Education Agency, et al.
06/14/2021MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due July 2, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/14/2021Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Texas Education Agency, et al.
06/03/2021Response to Petition  Response to Petition for Review filed on behalf of Houston ISD.
05/28/2021Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response is due June 3, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/28/2021Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Houston Independent School District.
04/30/2021Supreme Court of Texas Requested Response  Requested response to petition for review due no later than June 1, 2021.
03/30/2021Case forwarded to Court 
02/24/2021Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. Petition for Review considered timely filed February 24, 2021.
02/24/2021Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of The Texas Education Agency, et al.
02/24/2021Petition for Review  Petition for Review filed on behalf of The Texas Education Agency, et al.
02/24/2021Court reporter/recorder's record 
02/24/2021Court reporter/recorder's record 
02/24/2021Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/28/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Doris Delaney, in her Official CapacityPetitionerAtty. Gen. W. Kenneth Paxton Jr.
Mr. Brent Webster
Mr. Kyle D. Highful
Ms. Emily Ardolino
Mr. Philip A. Lionberger
Cynthia Akatugba
Mr. Judd Stone II
Mr. Esteban M. Soto
Mike Morath, Commissioner of Education in his Official CapacityPetitionerCynthia Akatugba
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Esteban M. Soto
Mr. Brent Webster
Ms. Emily Ardolino
Mr. Kyle D. Highful
Mr. Judd Stone II
Mr. Philip A. Lionberger
The Texas Education AgencyPetitionerMr. Esteban M. Soto
Mr. Judd Stone II
Cynthia Akatugba
Atty. Gen. W. Kenneth Paxton Jr.
Ms. Emily Ardolino
Mr. Brent Webster
Mr. Kyle D. Highful
Mr. Philip A. Lionberger
Houston Independent School DistrictRespondentMr. David Campbell
Ms. Audra Welter
Mr. Kevin T. O'Hanlon
Mr. Benjamin Castillo
Court of Appeals Information:
Affirmed  
609 SW3d 569, 12-30-20 
3rd Court of Appeals 
Honorable Gisela Triana 
Trial Court Information
459th District Court 
Travis 
Honorable Catherine A. Mauzy 
D-1-GN-19-003695