Kelley v. Azar, No. 4:20-cv-283 (N.D. Tex.)
Complaint, March 29, 2020
First amended complaint, July 20, 2020
Kelley first amended complaint 7 20 20
US motion to dismiss, August 7, 2020
Opposition to US motion to dismiss, September 12, 2020
US reply supporting motion to dismiss, October 25, 2020
Plaintiffs’ supplemental authority (Leal),
Order on US motion to dismiss, February 25, 2021
Kelley order on mo dism 2 25 21
Order for status report by 3/22, February 25, 2021
Kelley order for status report
Answer to first amended complaint, March 11, 2021
Joint status report, March 22, 2021
Scheduling order, March 23, 2021
Kelley scheduling order 3 23 21
Kelley scheduling order, October 26, 2021
1) Plaintiffs’ Motion for Summary Judgment is due on or before November 15.
2) Defendants’ Combined Response & Cross Motion for Summary Judgment is due
December 29.
3) Plaintiffs’ Combined Reply & Response to Cross-Motion for Summary Judgment is
due January 28, 2022.
4) Defendants’ Reply to Cross-Motion for Summary Judgment is due February 18.
Plaintiffs’ motion for summary judgment, and memo, and appendix, November 15, 2021
Dismissal of Riddles’ claims, December 2, 2021
Parties’ agreed-on rescheduling proposal, December 20, 2021
Kelley agreed mo amend briefing schedule 12 20
Event Current Schedule Parties’ Proposal
Defendants’ Combined Response & Cross Motion for Summary Judgment
December 29, 2021 January 12, 2022
Plaintiffs’ Combined Reply & Response to Cross-Motion for Summary Judgment
January 28, 2022 February 11, 2022
Defendants’ Reply to Cross-Motion for Summary Judgment
February 18, 2022 March 4, 2022
Rescheduling order, December 21, 2021
Kelley notice of additional authority (DeOtte), December 22, 2021
Kelley pltf addl auth DeOtte 12 22
Consent motion to amend briefing schedule, January 7, 2022
Kelley consent mo amend br sched 1 7
Amended briefing schedule, January 7, 2022
Def 1/28
Pltf 2/28
Def 3/21
Illinois et al amicus, January 28, 2022
US cross-motion for summary judgment, summary judgment opposition, brief, and appendix, January 28, 2022
20 Health Experts amicus, February 4, 2022
Kelley 20 health experts amicus 2 4
Plaintiffs’ motion for extension to file reply, February 25, 2022
Extension order, February 26, 2022
[Plaintiffs’ reply, 3/14, US reply, 4/4]
Plaintiffs’ further extension request, March 13, 2022
Order for extension, March 14, 2022
Kelley reply and opposition, March 28, 2022
Unopposed US request for extension (to 5/6) to file reply, March 30, 2022
Unopposed US request for extension, and extension, May 4, 2022
US reply, May 26, 2022
Order setting motions hearing for 7/26, July 7, 2022
Kelley order for 7 26 motion hearing, 7 7
| 07/26/2022 | 85 | ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O’Connor: Motion Hearing held on 7/26/2022 re 44 Motion for Summary Judgment filed by Gregory Scheideman, John Scott Kelley, Joel Miller, Kelley Orthodontics, Joel Starnes, Ashley Maxwell, Braidwood Management Inc, Zach Maxwell, 62 Motion for Summary Judgment filed by Martin J Walsh, United States of America, Xavier Becerra, Janet L Yellen. Attorney Appearances: Plaintiff – Jonathan Mitchell; Defense – Christopher Lynch, Brian Stoltz. (Court Reporter: Zoie Williams) (No exhibits) Time in Court – 1:40. (chmb) (Entered: 07/26/2022) |
US supplemental filing, August 2, 2022
Kelley US supplemental pleading 8 2 22
Kelley supplemental authority (Leal), August 3, 2022
US correction, August 5, 2022
Unopposed motion to reorganize caption, August 10, 2022
Kelley unop mo amend caption 8 10
Order on caption, August 11, 2022
Braidwood notice of additional authority (DeOtte), August 23, 2022
Kelley notice addl auth DeOtte 8 23
Opinion, September 7, 2022
gov.uscourts.txnd.330381.92.0_1
Unopposed motion for extension, September 8, 2022
Extension order, September 8, 2022
Joint status report, September 16, 2022
Scheduling order, September 28, 2022
Plaintiffs’ supplemental SJ, 10/24; Defendants’ response and cross-motion, 11/23 [?]; Plaintiffs’ opposition/reply, 12/23 [?]; Defendants’ reply, 1/10 [?]
| 09/28/2022 | 97 | SCHEDULING ORDER ON SUPPLEMENTAL BRIEFING: Deadline for plaintiffs to file their supplemental motion for summary judgment: October 24, 2022. Deadline for defendants to file combined response to plaintiffs supplemental motion for summary judgment and defendants supplemental cross-motion for summary judgment: 30 days after plaintiff files supplemental motion for summary judgment. Deadline for plaintiffs to file combined response to defendants supplemental motion for summary judgment and reply brief in support of plaintiffs supplemental motion for summary judgment: 30 days after defendants file cross-motion for summary judgment. Deadline for defendants to file reply brief in support of defendants supplemental motion for summary judgment: 21 days after plaintiffs file combined response to defendants supplemental motion for summary judgment and reply brief in support of plaintiffs supplemental motion for summary judgment. (Ordered by Judge Reed C. O’Connor on 9/28/2022) (jgg) (Entered: 09/28/2022) |
Plaintiffs’ supplemental summary judgment brief, October 24, 2022
_____
Universal-vacatur discussions cited in plaintiffs’ supplemental summary judgment brief
Data Marketing Partnership, LP v. United States Dep’t of Labor, 45 F.4th 846, 859(5th Cir. 2022)
Opinion, August 17, 2022
Franciscan Alliance, Inc. v. Becerra, 47 F.4th 368 (5th Cir. 2022)
Opinion, August 26, 2022
Nicholas Bagley, Remedial Restraint in Administrative Law, 117 Colum. L. Rev. 253 (2017)
Thomas W. Merrill, Article III, Agency Adjudication, and the Origins of the Appellate Review Model of Administrative Law, 111 Colum. L. Rev. 939 (2011)
Article III Agency Adjudication and the Origins of the Appellat
Mila Sohoni, The Power to Vacate a Rule, 88 Geo. Wash. L. Rev. 1121 (2020)
_____
Defendants’ supplemental brief, and appendix, November 23, 2022
American Cancer Society amicus, November 30, 2022
BrM American Cancer Society amicus 11 30
American Medical Association amicus, November 30, 2022
Braidwood supplemental reply brief, January 6, 2023
US supplemental reply, January 27, 2023
Opinion, March 30, 2023
Judgment, March 30, 2023
Braidwood M final judgment 3 30 23
US notice of appeal, March 31, 2023
“Notice of document replacement,” April 4, 2023
BrM notice of document replacement 4 4 23
Fifth Circuit # 23-10326
Braidwood cross-appeal, April 6, 2023
BrM notice cross appeal 4 6 23
US motion for a partial stay, April 12, 2023
BrM US partial stay mo 4 12 23
Scheduling order, April 13, 2023
BrM stay responses order 4 13 23
Response, 5 pm 4/17
Reply, 4/18
Decision date: by 4/20
Defendants’ motion for extension, April 17, 2023
BrM pltf xt mo stay response 4 17 23
Order extending time for response, April 17, 2023
Braidwood’s response opposing stay, April 18, 2023
BrM Braidwood stay response 4 18 23
US reply, April 19, 2023
Order, April 20, 2023
Wall Street Journal story cited in order
Most Major Insurers to Continue Preventive Care Services
Letter cited in Wall Street Journal story and cited in order
Health Plan and Employer Group Letter on Preventive Services – 4.19.23
US stay reply, April 21, 2023
Briefing notice, April 25, 2023
5C BrM briefing notice 4 25 23
US motion for partial stay, April 27, 2023
5C BrM US mo partial stay 4 27 23
| 04/27/2023 | 30 | MOTION for partial stay pending appeal and for an administrative stay while Court considers this motion. [30]. Document is insufficient for the following reasons: lacks certificate of conference Response/Opposition due on 05/08/2023. [23-10326] |
American Lung Ass’n amicus, April 28, 2023
5C BrM Am Lung Assn amicus 4 28 23
American Cancer Society amicus, April 28, 2023
5C BrM American Cancer Society amicus 4 28 23
American Medical Ass’n amicus, April 28, 2023
American Public Health Ass’n amicus, April 28, 2023
SEIU amicus, April 28, 2023
[Adult Vaccine Access amicus
Order requesting supplemental briefing on stay request by 5/9, May 2, 2023
gov.uscourts.txnd.330381.131.0
US supplemental brief, May 4, 2023
Braidwood opposition to stay, May 5, 2023
[]
US reply brief supporting stay, May 12, 2023
Administrative stay order, May 15, 2023
| 05/18/2023 | 101 | EXTENSION RECEIVED for Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury. Extension Granted to and including 06/20/2023. A/Pet’s Brief deadline updated to 06/20/2023 for Appellants/Cross-Appellees Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Julie A. Su, Acting Secretary, U.S. Department of Labor, United States of America and Janet Yellen, Secretary, U.S. Department of Treasury [23-10326] (MFY) [Entered: 05/18/2023 02:32 PM] |
Parties’ proposed briefing schedule, May 19, 2023
[]
The government’s principal brief is due on June 20. For the following reasons, the government respectfully moves that the Court establish the following briefing schedule for the remainder of briefing on these crossappeals.1 Plaintiffs’ counsel has authorized us to state that plaintiffs support this proposed schedule.
June 27, 2023 Amicus briefs in support of the government
August 7, 2023 Plaintiffs’ principal and response brief
August 14, 2023 Amicus briefs in support of plaintiffs
September 29, 2023 Government’s response and reply brief
October 6, 2023 Amicus briefs in support of the government
(limited to issues raised by plaintiffs’ crossappeal)
November 3, 2023 Plaintiffs’ reply brief
Order for 6/6 oral argument on motion for partial stay, May 19, 2023
Braidwood Management motion for leave to file supplemental brief, and supplemental brief, May 25/26, 2023
Unopposed US request to respond, May 26, 2023
[]
Order allowing supplemental brief, May 26, 2023
Braidwood supplemental brief, May 26, 2023
Order allowing US supplemental brief, May 26, 2023
++
HHS FAQs, April 13, 2023
Becerra Braidwood statement, April 13, 2023
Becerra Braidwood statement 4 13 23
++
Preventive Services Task Force recommendations, with date of recommendation
| Topic | Description | Grade | Release Date of Current Recommendation |
|---|---|---|---|
| Abdominal Aortic Aneurysm: Screening: men aged 65 to 75 years who have ever smoked | The USPSTF recommends 1-time screening for abdominal aortic aneurysm (AAA) with ultrasonography in men aged 65 to 75 years who have ever smoked. | B | December 2019 * |
| Anxiety in Children and Adolescents: Screening: children and adolescents aged 8 to 18 years | The USPSTF recommends screening for anxiety in children and adolescents aged 8 to 18 years. | B | October 2022 |
| Aspirin Use to Prevent Preeclampsia and Related Morbidity and Mortality: Preventive Medication: pregnant persons at high risk for preeclampsia | The USPSTF recommends the use of low-dose aspirin (81 mg/day) as preventive medication after 12 weeks of gestation in persons who are at high risk for preeclampsia. See the Practice Considerations section for information on high risk and aspirin dose. | B | September 2021 * |
| Asymptomatic Bacteriuria in Adults: Screening: pregnant persons | The USPSTF recommends screening for asymptomatic bacteriuria using urine culture in pregnant persons. | B | September 2019 * |
| BRCA-Related Cancer: Risk Assessment, Genetic Counseling, and Genetic Testing: women with a personal or family history of breast, ovarian, tubal, or peritoneal cancer or an ancestry associated with brca1/2 gene mutation | The USPSTF recommends that primary care clinicians assess women with a personal or family history of breast, ovarian, tubal, or peritoneal cancer or who have an ancestry associated with breast cancer susceptibility 1 and 2 (BRCA1/2) gene mutations with an appropriate brief familial risk assessment tool. Women with a positive result on the risk assessment tool should receive genetic counseling and, if indicated after counseling, genetic testing. | B | August 2019 * |
| Breast Cancer: Medication Use to Reduce Risk: women at increased risk for breast cancer aged 35 years or older | The USPSTF recommends that clinicians offer to prescribe risk-reducing medications, such as tamoxifen, raloxifene, or aromatase inhibitors, to women who are at increased risk for breast cancer and at low risk for adverse medication effects. | B | September 2019 * |
| Breast Cancer: Screening: women aged 50 to 74 years | The USPSTF recommends biennial screening mammography for women aged 50 to 74 years. † | B | January 2016 * |
| Breastfeeding: Primary Care Interventions: pregnant women, new mothers, and their children | The USPSTF recommends providing interventions during pregnancy and after birth to support breastfeeding. | B | October 2016 * |
| Cervical Cancer: Screening: women aged 21 to 65 years | The USPSTF recommends screening for cervical cancer every 3 years with cervical cytology alone in women aged 21 to 29 years. For women aged 30 to 65 years, the USPSTF recommends screening every 3 years with cervical cytology alone, every 5 years with high-risk human papillomavirus (hrHPV) testing alone, or every 5 years with hrHPV testing in combination with cytology (cotesting). See the Clinical Considerations section for the relative benefits and harms of alternative screening strategies for women 21 years or older. | A | August 2018 * |
| Chlamydia and Gonorrhea: Screening: sexually active women, including pregnant persons | The USPSTF recommends screening for chlamydia in all sexually active women 24 years or younger and in women 25 years or older who are at increased risk for infection. | B | September 2021 * |
| Chlamydia and Gonorrhea: Screening: sexually active women, including pregnant persons | The USPSTF recommends screening for gonorrhea in all sexually active women 24 years or younger and in women 25 years or older who are at increased risk for infection. | B | September 2021 * |
| Colorectal Cancer: Screening: adults aged 45 to 49 years | The USPSTF recommends screening for colorectal cancer in adults aged 45 to 49 years. See the “Practice Considerations” section and Table 1 for details about screening strategies. | B | May 2021 * |
| Colorectal Cancer: Screening: adults aged 50 to 75 years | The USPSTF recommends screening for colorectal cancer in all adults aged 50 to 75 years. See the “Practice Considerations” section and Table 1 for details about screening strategies. | A | May 2021 * |
| Depression and Suicide Risk in Children and Adolescents: Screening: adolescents aged 12 to 18 years | The USPSTF recommends screening for major depressive disorder (MDD) in adolescents aged 12 to 18 years. | B | October 2022 * |
| Falls Prevention in Community-Dwelling Older Adults: Interventions: adults 65 years or older | The USPSTF recommends exercise interventions to prevent falls in community-dwelling adults 65 years or older who are at increased risk for falls. | B | April 2018 * |
| Folic Acid for the Prevention of Neural Tube Defects: Preventive Medication: women who are planning or capable of pregnancy | The USPSTF recommends that all women who are planning or capable of pregnancy take a daily supplement containing 0.4 to 0.8 mg (400 to 800 ?g) of folic acid. | A | January 2017 * |
| Gestational Diabetes: Screening: asymptomatic pregnant persons at 24 weeks of gestation or after | The USPSTF recommends screening for gestational diabetes in asymptomatic pregnant persons at 24 weeks of gestation or after. | B | August 2021 * |
| Healthy Diet and Physical Activity for Cardiovascular Disease Prevention in Adults With Cardiovascular Risk Factors: Behavioral Counseling Interventions: adults with cardiovascular disease risk factors | The USPSTF recommends offering or referring adults with cardiovascular disease risk factors to behavioral counseling interventions to promote a healthy diet and physical activity. | B | November 2020 * |
| Healthy Weight and Weight Gain In Pregnancy: Behavioral Counseling Interventions: pregnant persons | The USPSTF recommends that clinicians offer pregnant persons effective behavioral counseling interventions aimed at promoting healthy weight gain and preventing excess gestational weight gain in pregnancy. | B | May 2021 |
| Hepatitis B Virus Infection in Adolescents and Adults: Screening: adolescents and adults at increased risk for infection | The USPSTF recommends screening for hepatitis B virus (HBV) infection in adolescents and adults at increased risk for infection. See the Practice Considerations section for a description of adolescents and adults at increased risk for infection. | B | December 2020 * |
| Hepatitis B Virus Infection in Pregnant Women: Screening: pregnant women | The USPSTF recommends screening for hepatitis B virus (HBV) infection in pregnant women at their first prenatal visit | A | July 2019 * |
| Hepatitis C Virus Infection in Adolescents and Adults: Screening: adults aged 18 to 79 years | The USPSTF recommends screening for hepatitis C virus (HCV) infection in adults aged 18 to 79 years. | B | March 2020 * |
| Human Immunodeficiency Virus (HIV) Infection: Screening: adolescents and adults aged 15 to 65 years | The USPSTF recommends that clinicians screen for HIV infection in adolescents and adults aged 15 to 65 years. Younger adolescents and older adults who are at increased risk of infection should also be screened. See the Clinical Considerations section for more information about assessment of risk, screening intervals, and rescreening in pregnancy. | A | June 2019 * |
| Human Immunodeficiency Virus (HIV) Infection: Screening: pregnant persons | The USPSTF recommends that clinicians screen for HIV infection in all pregnant persons, including those who present in labor or at delivery whose HIV status is unknown. | A | June 2019 * |
| Hypertension in Adults: Screening: adults 18 years or older without known hypertension | The USPSTF recommends screening for hypertension in adults 18 years or older with office blood pressure measurement (OBPM). The USPSTF recommends obtaining blood pressure measurements outside of the clinical setting for diagnostic confirmation before starting treatment. | A | April 2021 * |
| Intimate Partner Violence, Elder Abuse, and Abuse of Vulnerable Adults: Screening: women of reproductive age | The USPSTF recommends that clinicians screen for intimate partner violence (IPV) in women of reproductive age and provide or refer women who screen positive to ongoing support services. See the Clinical Considerations section for more information on effective ongoing support services for IPV and for information on IPV in men. | B | October 2018 * |
| Latent Tuberculosis Infection: Screening: asymptomatic adults at increased risk for infection | The USPSTF recommends screening for latent tuberculosis infection (LTBI) in populations at increased risk. | B | September 2016 * |
| Lung Cancer: Screening: adults aged 50 to 80 years who have a 20 pack-year smoking history and currently smoke or have quit within the past 15 years | The USPSTF recommends annual screening for lung cancer with low-dose computed tomography (LDCT) in adults aged 50 to 80 years who have a 20 pack-year smoking history and currently smoke or have quit within the past 15 years. Screening should be discontinued once a person has not smoked for 15 years or develops a health problem that substantially limits life expectancy or the ability or willingness to have curative lung surgery. | B | March 2021 * |
| Obesity in Children and Adolescents: Screening: children and adolescents 6 years and older | The USPSTF recommends that clinicians screen for obesity in children and adolescents 6 years and older and offer or refer them to comprehensive, intensive behavioral interventions to promote improvements in weight status. | B | June 2017 * |
| Ocular Prophylaxis for Gonococcal Ophthalmia Neonatorum: Preventive Medication: newborns | The USPSTF recommends prophylactic ocular topical medication for all newborns to prevent gonococcal ophthalmia neonatorum. | A | January 2019 * |
| Osteoporosis to Prevent Fractures: Screening: postmenopausal women younger than 65 years at increased risk of osteoporosis | The USPSTF recommends screening for osteoporosis with bone measurement testing to prevent osteoporotic fractures in postmenopausal women younger than 65 years who are at increased risk of osteoporosis, as determined by a formal clinical risk assessment tool. See the Clinical Considerations section for information on risk assessment. | B | June 2018 * |
| Osteoporosis to Prevent Fractures: Screening: women 65 years and older | The USPSTF recommends screening for osteoporosis with bone measurement testing to prevent osteoporotic fractures in women 65 years and older. | B | June 2018 * |
| Perinatal Depression: Preventive Interventions: pregnant and postpartum persons | The USPSTF recommends that clinicians provide or refer pregnant and postpartum persons who are at increased risk of perinatal depression to counseling interventions. | B | February 2019 |
| Prediabetes and Type 2 Diabetes: Screening: asymptomatic adults aged 35 to 70 years who have overweight or obesity | The USPSTF recommends screening for prediabetes and type 2 diabetes in adults aged 35 to 70 years who have overweight or obesity. Clinicians should offer or refer patients with prediabetes to effective preventive interventions. | B | August 2021 * |
| Preeclampsia: Screening: pregnant woman | The USPSTF recommends screening for preeclampsia in pregnant women with blood pressure measurements throughout pregnancy. | B | April 2017 * |
| Prevention of Dental Caries in Children Younger Than 5 Years: Screening and Interventions: children younger than 5 years | The USPSTF recommends that primary care clinicians apply fluoride varnish to the primary teeth of all infants and children starting at the age of primary tooth eruption. | B | December 2021 * |
| Prevention of Dental Caries in Children Younger Than 5 Years: Screening and Interventions: children younger than 5 years | The USPSTF recommends that primary care clinicians prescribe oral fluoride supplementation starting at age 6 months for children whose water supply is deficient in fluoride. | B | December 2021 * |
| Prevention of Human Immunodeficiency Virus (HIV) Infection: Preexposure Prophylaxis: persons at high risk of hiv acquisition | The USPSTF recommends that clinicians offer preexposure prophylaxis (PrEP) with effective antiretroviral therapy to persons who are at high risk of HIV acquisition. See the Clinical Considerations section for information about identification of persons at high risk and selection of effective antiretroviral therapy. | A | June 2019 |
| Rh(D) Incompatibility: Screening: pregnant women, during the first pregnancy-related care visit | The USPSTF strongly recommends Rh(D) blood typing and antibody testing for all pregnant women during their first visit for pregnancy-related care. | A | February 2004 * |
| Rh(D) Incompatibility: Screening: unsensitized rh(d)-negative pregnant women | The USPSTF recommends repeated Rh(D) antibody testing for all unsensitized Rh(D)-negative women at 24 to 28 weeks’ gestation, unless the biological father is known to be Rh(D)-negative. | B | February 2004 * |
| Screening for Depression in Adults: general adult population, including pregnant and postpartum women | The USPSTF recommends screening for depression in the general adult population, including pregnant and postpartum women. Screening should be implemented with adequate systems in place to ensure accurate diagnosis, effective treatment, and appropriate follow-up. | B | January 2016 * |
| Sexually Transmitted Infections: Behavioral Counseling: sexually active adolescents and adults at increased risk | The USPSTF recommends behavioral counseling for all sexually active adolescents and for adults who are at increased risk for sexually transmitted infections (STIs). See the Practice Considerations section for more information on populations at increased risk for acquiring STIs. | B | August 2020 * |
| Skin Cancer Prevention: Behavioral Counseling: young adults, adolescents, children, and parents of young children | The USPSTF recommends counseling young adults, adolescents, children, and parents of young children about minimizing exposure to ultraviolet (UV) radiation for persons aged 6 months to 24 years with fair skin types to reduce their risk of skin cancer. | B | March 2018 * |
| Statin Use for the Primary Prevention of Cardiovascular Disease in Adults: Preventive Medication: adults aged 40 to 75 years who have 1 or more cardiovascular risk factors and an estimated 10-year cardiovascular disease (cvd) risk of 10% or greater | The USPSTF recommends that clinicians prescribe a statin for the primary prevention of CVD for adults aged 40 to 75 years who have 1 or more CVD risk factors (i.e. dyslipidemia, diabetes, hypertension, or smoking) and an estimated 10-year risk of a cardiovascular event of 10% or greater. | B | August 2022 * |
| Syphilis Infection in Nonpregnant Adolescents and Adults: Screening: asymptomatic, nonpregnant adolescents and adults who are at increased risk for syphilis infection | The USPSTF recommends screening for syphilis infection in persons who are at increased risk for infection. | A | September 2022 * |
| Syphilis Infection in Pregnant Women: Screening: pregnant women | The USPSTF recommends early screening for syphilis infection in all pregnant women. | A | September 2018 * |
| Tobacco Smoking Cessation in Adults, Including Pregnant Persons: Interventions: nonpregnant adults | The USPSTF recommends that clinicians ask all adults about tobacco use, advise them to stop using tobacco, and provide behavioral interventions and US Food and Drug Administration (FDA)–approved pharmacotherapy for cessation to nonpregnant adults who use tobacco. | A | January 2021 * |
| Tobacco Smoking Cessation in Adults, Including Pregnant Persons: Interventions: pregnant persons | The USPSTF recommends that clinicians ask all pregnant persons about tobacco use, advise them to stop using tobacco, and provide behavioral interventions for cessation to pregnant persons who use tobacco. | A | January 2021 * |
| Tobacco Use in Children and Adolescents: Primary Care Interventions: school-aged children and adolescents who have not started to use tobacco | The USPSTF recommends that primary care clinicians provide interventions, including education or brief counseling, to prevent initiation of tobacco use among school-aged children and adolescents. | B | April 2020 * |
| Unhealthy Alcohol Use in Adolescents and Adults: Screening and Behavioral Counseling Interventions: adults 18 years or older, including pregnant women | The USPSTF recommends screening for unhealthy alcohol use in primary care settings in adults 18 years or older, including pregnant women, and providing persons engaged in risky or hazardous drinking with brief behavioral counseling interventions to reduce unhealthy alcohol use. | B | November 2018 * |
| Unhealthy Drug Use: Screening: adults age 18 years or older | The USPSTF recommends screening by asking questions about unhealthy drug use in adults age 18 years or older. Screening should be implemented when services for accurate diagnosis, effective treatment, and appropriate care can be offered or referred. (Screening refers to asking questions about unhealthy drug use, not testing biological specimens.) | B | June 2020 |
| Vision in Children Ages 6 Months to 5 Years: Screening: children aged 3 to 5 years | The USPSTF recommends vision screening at least once in all children aged 3 to 5 years to detect amblyopia or its risk factors. | B | September 2017 * |
| Weight Loss to Prevent Obesity-Related Morbidity and Mortality in Adults: Behavioral Interventions: adults | The USPSTF recommends that clinicians offer or refer adults with a body mass index (BMI) of 30 or higher (calculated as weight in kilograms divided by height in meters squared) to intensive, multicomponent behavioral interventions. | B | September 2018 * |
†The Department of Health and Human Services, under the standards set out in revised Section 2713(a)(5) of the Public Health Service Act and Section 223 of the 2021 Consolidated Appropriations Act, utilizes the 2002 recommendation on breast cancer screening of the U.S. Preventive Services Task Force. To see the USPSTF 2016 recommendation on breast cancer screening, go to http://www.uspreventiveservicestaskforce.org/uspstf/recommendation/breast-cancer-screening1.
*Previous recommendation was an “A” or “B.”
Purchaser standing cases (from plaintiffs’ supplemental brief):
Center for Auto Safety v. National Highway Traffic Safety
Administration, 793 F.2d 1322, 1332–34(D.C. Cir. 1986),
andOrangeburg, South
Carolinav.FERC, 862 F.3d 1071, 1078 (D.C. Cir. 2017));
see alsoWeissman v. Nat’l
R.R. Passenger Corp., 21 F.4th 854, 857–58 (D.C. Cir. 2021);
Consumer Federation
of America v. FCC, 348 F.3d 1009, 1012 (D.C. Cir. 2003)(“[T]he inability of con-
sumers to buy a desired product may constitute injury-in-fact ‘even if they could ame-
liorate the injury by purchasing some alternative product.’”);
Competitive Enterprise
Institutev.National Highway Traffic Safety Administration, 901 F.2d 107, 112–13
(D.C. Cir. 1990)(conferring standing on aconsumer group to challenge fuel-econ-
omy standards thatreduced the number and variety of larger vehicles available for
sale);
Community Nutrition Institute v. Block,698 F.2d1239, 1246–47 (D.C. Cir.
1983)(conferring standing on consumers to challenge regulations that “deprived”
them of “a lower priced alternative to whole milk”),rev’d on other grounds, 467 U.S.
340 (1984).
Orangeburg
Orangeburg South Carolina v Federal Energy Regulatory Commission
Weissman
Weissman v National Railroad Passenger Corporation
_____
Universal-vacatur materials cited and relied on in plaintiffs’ supplemental summary judgment brief
The religious contraception rule and the moral contraception rule
Challenges to the contraception rules: California, Indiana, Massachusetts, Pennsylvania
Other contraception cases: Texas
1303 cases
New York Covid-19 restrictions Supreme Court case
The religious contraception rule and the moral contraception rule
Religious contraception rule, 82 Fed. Reg. 47792 (October 13, 2017)
Moral contraception rule, 82 Fed. Reg. 47838 (October 13, 2017)
Title X program integrity proposed rule (with proposed redefinition of “low-income”), 83 Fed. Reg. 25502 (June 1, 2018)
Final religious contraception rule (non Federal Register version released November 7, 2018), 83 Fed. Reg. 57536 (Nov. 15, 2018)
Final moral contraception rule (non Federal Register version released November 7, 2018), 83 Fed. Reg. 57592 (Nov. 15, 2018)
Original preventive services rulemaking, 2010-11
75 Fed. Reg. 41, 726 (July 19, 2010)
76 Fed. Reg. 46,621 (August 3, 2011)
Affordable Care Act Litigation 