Supreme Court

Case: 22-1149    
22-1149
12/20/2022
Second Petition for Review/Cause under Rule 53.1
ROGER BORGELT, MARK PULLIAM, JAY WILEY, AND THE STATE OF TEXAS 
AUSTIN FIREFIGHTERS ASSOCIATION, IAFF LOCAL 975; CITY OF AUSTIN; AND MARC A. OTT, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF AUSTIN 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/20/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of State of Texas.
11/20/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Roger Borgelt, et al.
10/27/2023Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Austin Firefighters Association, et al.
09/07/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of the State of Texas.
09/06/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Roger Borgelt, et al.
05/30/2023Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of State of Texas.
05/23/2023Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Roger Borgelt, et al.
05/15/2023Response to PetitionRespondent Response to Petitions for Review filed on behalf of Austin Firefighters Association, Local 975, et al.
04/21/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Mountain States Legal Foundation, submitted by Joseph Bingham of Lakewood, Colorado.
03/22/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Freedom Foundation.
03/21/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Liberty Justice Center, submitted by Jacob Huebert and Jeffrey Jennings from Chicago, IL.
03/21/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the Cato Institute, submitted by Isaiah McKinney and Nicholas DeBenedetto, Washington, D.C.
03/01/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of National Right to Work Legal Defense Foundation, submitted by David Watkins of Watkins & Jenkins, Dallas, Texas, and William L. Messenger of National Right to Work Legal Defense Foundation, Springfield, Virginia.
02/06/2023Petition for Review #2Petitioner Petition for Review filed on behalf of the State of Texas.
02/06/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Roger Borgelt, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2023Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., February 21, 2024. Time allotted to argue: 20/20 minutes
12/22/2023Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., February 21, 2024. Time allotted to argue: 20/20 minutes
12/22/2023Motion to re-set submission date disposedFiling granted Respondent's Unopposed Motion to Continue Oral Argument granted.  
12/20/2023Miscellaneous Motion  Unopposed Motion to Continue Oral Argument filed on behalf of the Austin Firefighters Association, et al.
12/20/2022Motion 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 is due no later than February 6, 2023.
12/20/2022Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Roger Borgelt, et al.
12/20/2022Supplement to Clerk's/Reporter's Record 
12/20/2022Supplement to Clerk's/Reporter's Record 
12/20/2022Supplement to Clerk's/Reporter's Record 
12/20/2022Court reporter/recorder's record 
12/20/2022Clerk's Record 
12/20/2022Court reporter/recorder's record 
12/15/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 11, 2024. Time allotted to argue: 20/20 minutes
12/15/2023Petition for Review disposedFiling granted
12/15/2023Petition for Review granted 
12/15/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 11, 2024. Time allotted to argue: 20/20 minutes
12/15/2023Petition for Review granted 
12/15/2023Petition for Review disposedFiling granted
12/15/2023Petition for Review granted 
11/27/2023Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of the City of Austin.
11/20/2023Reply Brief  Reply Brief on the Merits filed on behalf of State of Texas.
11/20/2023Reply Brief  Reply Brief on the Merits filed on behalf of Roger Borgelt, et al.
11/06/2023Notice received  Notice of Unavailability filed on behalf of Austin Firefighters Association, et al.
11/01/2023Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due no later than November 20, 2023.
10/31/2023Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Roger Borgelt, et al.
10/27/2023Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Austin Firefighters Association, et al.
09/13/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits granted. Respondents' Brief is due October 27, 2023. Reply Brief is due November 13, 2023. Further requests for extensions of time for this filing will be disfavored.
09/13/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Austin Firefighters Association, Local 975, et al.
09/07/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of the State of Texas.
09/06/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Roger Borgelt, et al.
08/12/2024Mandate issued  Mandate & Cost Bill Issued
08/01/2023Motion for Extension of Time disposed.Filing granted SecondnJoint Motion for Extension of Time to file Petitioner's Brief on the Merits granted. No further extensions of time will be considered Petitioner's brief is due no later than September 7, 2023; Respondent's brief is due September 27, 2023; and Reply brief is due October 12, 2023.
08/01/2023Motion for Extension of Time to File Brief filed  Second Joint Motion for Extension of TIme to file Petitioner's Brief on the Merits filed on behalf of Roger Borgelt, et al.
06/28/2024Court approved judgment sent to attorneys of recordIssued
06/28/2024Concurring and Dissenting Opinion deliveredIssued Justice Busby filed an opinion dissenting in part and concurring in the judgment in part, in which Justice Boyd and Justice Devine joined.
06/28/2024Opinion issuedIssued The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment in part. Justice Young delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Blacklock, Justice Bland, and Justice Huddle joined.
06/28/2024Opinion issuedCourt affirms in part, reverses in part and renders court of appeals' judgment The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment in part. Justice Young delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Blacklock, Justice Bland, and Justice Huddle joined.
06/27/2023Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Petitioners' Brief on the Merits granted.  Further requests for extensions of time will be disfavored. Petitioners' briefs are due no later than August 23, 2023; Resondent's brief is due September 12, 2023; and Reply briefs are due September 27, 2023.
06/26/2023Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Petition for Review filed on behalf of Roger Borgelt, et al.
06/23/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 24, 2023; Response brief due August 14, 2023; Reply brief due August 29, 2023.
05/30/2023Reply to Response  Reply in Support of Petition for Review filed on behalf of State of Texas.
05/23/2023Reply to Response  Reply in Support of Petition for Review filed on behalf of Roger Borgelt, et al.
05/15/2023Response to Petition  Response to Petitions for Review filed on behalf of Austin Firefighters Association, Local 975, et al.
04/21/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Mountain States Legal Foundation, submitted by Joseph Bingham of Lakewood, Colorado.
04/14/2023Supreme Court of Texas Requested Response  Requested responses to both petitions for review due no later than May 15, 2023.
03/24/2023Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Timothy Snowball's Admission Pro Hac Vice is granted.
03/24/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Timothy Snowball is granted.
03/23/2023Pro hac vice motion filed  Unopposed Motion of Resident Attorney in Support of Timothy Snowball's Admission Pro Hac Vice filed on behalf of Freedom Foundation.
03/23/2023Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice for Timothy Snowball filed on behalf of Freedom Foundation.
03/23/2023Phone call from Clerk's Office  Call made to counsel for Amicus party Freedom Foundation.
03/22/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Freedom Foundation.
03/21/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Liberty Justice Center, submitted by Jacob Huebert and Jeffrey Jennings from Chicago, IL.
03/21/2023Pro hac vice motion disposedFiling granted Motion of Resident Attorney Tony McDonald in Support of Nicholas DeBenedetto's Admission Pro Hac Vice is granted.
03/21/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of Nicholas DeBendetto is granted.
03/21/2023Pro hac vice motion filed  Motion of Resident Attorney Tony McDonald in Support of Nicholas DeBenedetto's Admission Pro Hac Vice filed on behalf of the Cato Institute.
03/21/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the Cato Institute, submitted by Isaiah McKinney and Nicholas DeBenedetto, Washington, D.C.
03/21/2023Pro hac vice motion filed  Motion for Admission Pro Hac Vice of Nicholas DeBenedetto filed on behalf of the Cato Institute.
03/14/2023Case forwarded to Court 
03/14/2023Case forwarded to Court 
03/09/2023Response Waiver filed  Response Waiver filed on behalf of City of Austin.
03/08/2023Pro hac vice motion disposedFiling granted Motion of Resident Attorney Matt Bachop in Support of John W. Stewart's Admission Pro Hac Vice is granted.
03/08/2023Pro hac vice motion disposedFiling granted Motion of Resident Attorney Matt Bachop in Support of Diana J. Nobile's Admission Pro Hac Vice is granted.
03/08/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for John W. Stewart is granted.
03/08/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Diana J. Nobile is granted.
03/08/2023Response Waiver filed  Response Waiver filed on behalf of Austin Firefighters Association, Local 795.
03/08/2023Pro hac vice motion filed  Motion of Resident Attorney Matt Bachop in Support of John W. Stewart's Admission Pro Hac Vice filed on behalf of Austin Firefighters Association, Local 975.
03/08/2023Pro hac vice motion filed  Motion of Resident Attorney Matt Bachop in Support of Diana J. Nobile's Admission Pro Hac Vice filed on behalf of Austin Firefighters Association, Local 975.
03/08/2023Pro hac vice motion filed  Motion for Admission Pro Hac Vice for John W. Stewart filed on behalf of Austin Firefighters Association, Local 975.
03/08/2023Pro hac vice motion filed  Motion for Admission Pro Hac Vice of Diana J. Nobile filed on behalf of Austin Firefighters Association, Local 975.
03/01/2023Pro hac vice motion disposedFiling granted Motion of Resident Attorney David Watkins in Support of William L. Messenger's Admission Pro Hac Vice is granted.
03/01/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for William L. Messenger is granted.
03/01/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of National Right to Work Legal Defense Foundation, submitted by David Watkins of Watkins & Jenkins, Dallas, Texas, and William L. Messenger of National Right to Work Legal Defense Foundation, Springfield, Virginia.
03/01/2023Pro hac vice motion filed  Motion of Resident Attorney David Watkins in Support of William L. Messenger's Admission Pro Hac Vice filed on behalf of the National Right to Work Legal Defense Foundation, Inc.
03/01/2023Pro hac vice motion filed  Motion for Admission Pro Hac Vice for William L. Messenger filed on behalf of National Right to Work Legal Defense Foundation, Inc.
02/21/2024Oral argument   Argued on behalf of Petitioners, Roger Borgelt, Mark Pulliam, and Jay Wiley, by Jonathan Riches; Argued on behalf of Petitioner, The State of Texas, by Sara Baumgardner; Argued on behalf of Respondents, Austin Firefighters Association and IAFF Local 975. by Diana J. Nobile; Argued on behalf of Respondents, City of Austin, et al., by Paul Matula
02/21/2024Oral argument   Argued on behalf of Petitioners, Roger Borgelt, Mark Pulliam, and Jay Wiley, by Jonathan Riches; Argued on behalf of Petitioner, The State of Texas, by Sara Baumgardner; Argued on behalf of Respondents, Austin Firefighters Association and IAFF Local 975. by Diana J. Nobile; Argued on behalf of Respondents, City of Austin, et al., by Paul Matula
02/07/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Roger Borgelt, et al. Oral Argument will be presented by Jonathan Riches of the Goldwater Institute of Phoenix, Arizona.
02/06/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of the State of Texas. Oral Argument will be presented by Sara Baumgardner of the Office of the Attorney General of Austin, Texas.
02/06/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Austin Firefighters Association, and et al. Oral Argument will be presented by Diana J. Nobile from McGillivary Steele Elkin, LLP from Washington, DC.
02/06/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of City of Austin, et al. Oral Argument will be presented by Paul Matula of the City of Austin Law Department of Austin, Texas.
02/06/2023Petition for Review #2  Petition for Review filed on behalf of the State of Texas.
02/06/2023Call received  Call received from petitioner regarding submission of petition for review.
02/06/2023Petition for Review  Petition for Review filed on behalf of Roger Borgelt, et al.
01/26/2024Call received  Call received on behalf of counsel for Respondent regarding filing.
01/19/2024Motion to withdraw disposed ofFiling granted Counsel's Motion to Withdraw Deputy Solicitor General, Ari Cuenin, and substitute Assistant Solicitor General, Sara B. Baumgardner, as lead counsel is granted.
01/17/2024Motion to Withdraw Filed  Motion to Withdraw filed on behalf of The State of Texas.
01/17/2024Notice received  Notice of Supplemental Authority filed on behalf of Roger Borgelt, et al.
01/05/2023Pro hac vice motion disposedFiling granted Motion in support of Motion for Admission Pro Hac Vice for attorney Jonathan Riches granted.
01/05/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for attorney Jonathan Riches granted.
01/04/2023Pro hac vice motion filed  Motion in support of Motion for Admission Pro Hac Vice for attorney Jonathan Riches filed on behalf of Roger Borgelt, et al.
01/04/2023Pro hac vice motion filed  Motion for Admission Pro Hac Vice for attorney Jonathan Riches filed on behalf of Roger Borgelt, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/12/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Austin Firefighters Association, IAFF Local 975RespondentMr. John W. Stweart
Mr. B. Craig Deats
Mr. Matthew Bachop
Ms. Diana J. Nobile
The State of TexasPetitionerMs. Sara B. Baumgardner
Atty. Gen. W. Kenneth Paxton Jr.
Mr. William Thompson
Mr. David Hacker
Mr. Ryan L. Bangert
Mr. Brent Webster
Austin R. Nimocks
Mr. Brantley David Starr
Mr. Prerak Shah
Mr. Andrew D. Leonie III
Mr. Patrick K. Sweeten
Mr. James E. Davis
Mr. Judd Stone II
Mr. Jeffrey C. Mateer
The Honorable Michael C. Toth
Mr. Joel Stonedale
Mr. John B. Scott
Ms. Lanora C. Pettit
Borgelt, RogerPetitionerMs. Munera Al-Fuhaid
Mr. Chance D. Weldon
Mr. Jonathan Riches
Mr. Matthew R. Miller
Mr. Robert E. Henneke
Cato InstituteAmicus CuriaeMr. Nicholas DeBenedetto
Mr. Tony K. McDonald
Mr. Isaiah McKinney
Pulliam, MarkPetitionerMr. Chance D. Weldon
Mr. Robert E. Henneke
Mr. Jonathan Riches
Ms. Munera Al-Fuhaid
National Right to Work Legal Defense Foundation, Inc.Amicus CuriaeMr. William L. Messenger
Mr. David Watkins
Liberty Justice CenterAmicus CuriaeMr. Jacob Huebert
Mr. Jeffrey Jennings
Wiley, JayPetitionerMr. Jonathan Riches
Mr. Chance D. Weldon
Ms. Munera Al-Fuhaid
Mr. Robert E. Henneke
Mountain States Legal FoundationAmicus CuriaeMr. Joseph Bingham
Marc A. Ott, in his Official Capacity as the City Manager of the City of AustinRespondentMs. Anne L. Morgan
Ms. Meghan Riley  
Mr. Paul Matula
Freedom FoundationAmicus CuriaeTimothy Snowball
Shella Alcabes
City of Austin RespondentMr. Paul Matula
Ms. Meghan Riley  
Ms. Anne L. Morgan
Court of Appeals Information:
Affirmed  
684 SW3d 819, 11-22-22 
3rd Court of Appeals 
Honorable Gisela Triana 
Trial Court Information
419th District Court 
Travis 
Honorable Catherine A. Mauzy 
D-1-GN-16-004307