Religious and Moral

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

Proposed revised rule, non-Federal-Register version, January 30, 2023

2023-01981

Religious contraception rule, 82 Fed. Reg. 47792 (October 13, 2017)

Moral contraception rule, 82 Fed. Reg. 47838 (October 13, 2017)

2017-21852

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)
Proposed revision
88 Fed. Reg. 7236 (Feb. 2, 2023)

Challenges to the contraception rules: first, Little Sisters at the Supreme Court; then California, Indiana, Massachusetts, Pennsylvania district court and Third Circuit proceedings, and Texas cases

Further below: a case on nationwide relief in an APA suit.

LITTLE SISTERS OPINION

19-431_5i36

SUPREME COURT BRIEFING AND ARGUMENT

PETITIONERS’ BRIEFING

Little Sisters opening brief, March 2, 2020

20200302180759684_19-431ts

US opening brief, March 2, 2020

20200304125150022_19-454tsUnitedStates

RESPONDENTS’ BRIEFING

Pennsylvania brief, April 1, 2020

20200401171502511_Respondents Brief

PRO-PETITIONERS AMICUS BRIEFING

American Center for Law and Justice amicus, March 9, 2020

20200309110452036_19-431 19-454 TSAC ACLJ

Bagley/Bray amicus, March 9, 2020

20200309165323886_19-454 tsac BagleyBray

Catholic Association Foundation amicus, March 9, 2020

20200309092512829_19-431 19-454 tsac The Catholic Association Foundation et al.

Catholic Benefits Ass’n amicus, March 9, 2020

20200306144703446_19-431 Amicus Brief of The Catholic Benefits Assn Supporting Petitioner

Cato amicus, March 9, 2020

20200305130852829_Little Sisters merits

Center for Constitutional Jurisprudence amicus, March 9, 2020

20200309125710656_19-431 tsac Center for Constitutional Jurisprudence

Christian Business Owners amicus, March 9, 2020

20200309151254703_19-431 tsac Christian Business Owners Supporting Religious Freedom

Christian Legal Society amicus, March 9, 2020

20200309203737214_19-431 19-454 tsac Christian Legal Society et al

Constitutional Law Scholars amicus, March 9, 2020

20200309123648191_2020.03.09 — Little Sisters — Con Law Scholars amicus brief

First Liberty Institute amicus, March 9, 2020

20200309132515310_19-431 19-454 tsac First Liberty Institute

Foundation for Moral Law amicus, February 27, 2020

20200227121746744_Little Sisters v. Pennsylvania FML Merits Brief

Independent Women’s Law Center amicus, March 9, 2020

20200309101217748_19-431 Amicus Brief of Independent Womens Law Center

Inner Life Fund amicus, March 9, 2020

20200302130139616_19-431 19-454 Amicus BOM ILF et al–PDFA

Laycock amicus, March 9, 2020

20200309144644738_Laycock Amicus Brief

March for Life amicus, March 9, 2020

20200309112941696_19-431 Amicus Brief of March for Life Education and Defense Fund

New Civil Liberties Alliance, March 9, 2020

20200309122650537_Little Sisters v Pennsylvanina- NCLA Amicus

161 Members of Congress amicus, March 9, 2020

20200309164825846_Little Sisters Merits Amicus Brief TO FILE

Paulsen/Walsh amicus, March 9, 2020

20200309134838793_FINAL Paulsen Amicus 3.9.2020

Residents at Little Sisters Homes amicus, March 9, 2020

20200302160102776_Nos. 19-431 19-454 Amicus Brief

Texas Alabama Alaska et al amicus, March 9, 2020

20200309124348472_19-431-454_Amici Brief

US Conference of Catholic Bishops amicus, March 9, 2020

20200304161832063_19-431 and 19-454_Amici Brief

Women Scholars’ amicus, March 9, 2020

20200309122537693_19-431 19-454 tsac Women Scholars

PRO-RESPONDENTS’ AMICUS BRIEFING

Administrative Law Scholars amicus, April 8, 2020

20200408172817325_19-431_Amicus Brief_Administrative Law Scholars

American Academy of Pediatrics amicus, April 8, 2020

20200408140451234_19-431 19-454 bsac Am. Acad. of Pediatrics

American Ass’n of University Women amicus, April 8, 2020

20200408151846889_American Assoc. of University Women et al. Amicus Brief ISO Respondents

ACLU amicus, April 8, 2020

20200408134259290_19-431 Little Sisters v Commonwealth of PA Brief Amici Curiae ACLU et al

American College of OB GYN amicus, April 8, 2020

20200408152340136_19-431 and 19-454 Amici Curiae-1

Borzi Maguire amicus, April 8, 2020

20200408142349143_19-431 and 19-454 Brief

Catholics for Choice amicus, April 8, 2020

20200408142058846_19-431 19-454_Amici Brief-1

Center for Health Law and Policy Innovation amicus, April 7, 2020

20200407174940988_39615 pdf Costello

Child USA amicus, April 3, 2020

20200403145452242_39552 pdf Griffin

Church-State Scholars amicus, April 8, 2020

20200408160105391_19-431 19-454 bsac Church-State Scholars

Guttmacher Institute amicus, April 8, 2020

20200408140518906_Guttmacher Institute Amicus Brief

Howard University School of Law amicus, April 8, 2020

20200408162159660_19 431 Amicus Brief of Howard University School of Law Civil and Human Rights Clinic

Lambda Legal amicus, April 8, 2020

20200408154244826_Nos. 19-431 and 19-454 Lambda Legal and HRC Amicus Brief ISO Respondents

Lederman amicus, April 8, 2020

20200408161828644_19-431.19-454.ProfessorMartinSLederman

Legal Scholars amicus, April 8, 2020

20200408135551561_19-431.19-454.bsac

Massachusetts and others amicus, April 8, 2020

20200408123724749_19-431 19-454 bsac of MA CA et al. in support of PA NJ

Military Historians amicus, April 8, 2020

20200408093626122_Military Historians Amicus Brief Final

National Women’s Law Center amicus, April 8, 2020

20200408113011538_19-431 19-454 Amici Brief The National Womens Law Center

Oakland CA et al amicus, April 8, 2020

20200408134222240_19-431 19-454 bsac Cities Contraceptive Mandate Brief

186 Members of Congress amicus, April 8, 2020

20200408130300375_19-431 Amicus Brief of 186 Members of Congress

Planned Parenthood Federation amicus, April 8, 2020

20200408121244563_Amicus Brief of Planned Parenthood Federation of America et al.

Professors of Civil Procedure amicus, April 10, 2020

20200410115419336_19 454bsacProfessorsOfCivilProcedureEtAl

Professors of Criminal Law amicus, April 8, 2020

20200408123220159_Amicus Brief

Public Citizen amicus, April 8, 2020

20200408133737824_Final brief

Public Interest Law Center amicus, April 8, 2020

20200408144034521_19-454 bsac Public Interest Law Ctr

Religious and Civil-Rights Organizations amicus, April 8, 2020

20200408141821830_19-431 bsacReligiousAndCivil-RightsOrgs

Professor Mila Sohoni amicus, April 8, 2020

20200408142556753_Professor Mila Sohoni Amicus

U.S. Women’s Chamber of Commerce amicus, April 8, 2020

20200408160504251_Amicus Brief

Yale Law School Reproductive Justice Program amicus, April 8, 2020

20200408133952012_FILE COPY BRIEF Little Sisters Brief of Amicus Curiae Yale Law School Program

ORAL ARGUMENT

US motion for divided argument, April 8, 2020

20200408155519234_Little Sisters.Divided.Arg.Motion.04.08.20

Apr 15 2020 RESCHEDULED FOR ARGUMENT on Wednesday, May 6, 2020. VIDED.

Transcript, May 6, 2020

19-431_6537

THE PENNSYLVANIA V. TRUMP CASE, FROM THIRD CIRCUIT DECISION THROUGH THE ORDERS GRANTING CERT

Third Circuit opinion, July 12, 2019
Third Circuit judgment, July 12, 2019
Amendments to Third Circuit opinion, July 18, 2019
Little Sisters cert petition, dated October 1, 2019, filed October 2 (No. 19-431)
US cert petition, October 3, 2019 (No. 19-454)
Pennsylvania request for extension for response, October 22, 2019
Little Sisters partial opposition to extension, October 23, 2019
Oct 24 2019 Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019.
Residents amicus, October 28, 2019
Foundation for Moral Law amicus, October 31, 2019
First Liberty Institute amicus, November 1, 2019
92 members of Congress amicus, November 1, 2019
Cato amicus, November 1, 2019
States’ amicus, November 1, 2019
Catholic Bishops’ amicus, November 1, 2019
Christian Legal Society amicus, November 1, 2019
American Center for Law and Justice amicus, November 6, 2019
Response to Little Sisters petition, December 9, 2019
Response to US petition, December 9, 2019
Little Sisters cert reply, December 20, 2019
US cert reply, December 20, 2019
Dec 23 2019 DISTRIBUTED for Conference of 1/10/2020.
(ORDER LIST: 589 U.S.)
FRIDAY, JANUARY 17, 2020
19-431
19-454
) ) )
LITTLE SISTERS OF THE POOR V. PENNSYLVANIA, ET AL.TRUMP, PRESIDENT OF U.S., ET AL. V. PENNSYLVANIA, ET AL.
The petitions for writs of certiorari are granted.
The cases are consolidated, and a total of one hour is allotted for
oral argument.

==============

California

ACLU v. Wright, No. 3:17-cv-5772 (N.D. Cal.) [or: 4:17]
Complaint, October 6, 2017

Related to 5783 (below), November 6, 2017

California v. Wright, No. 3:17-cv-5783 (N.D. Cal.) [or: 4:17]
Complaint, October 6, 2017

Motion for preliminary injunction, November 9, 2017

Little Sisters motion to intervene, November 21, 2017

Govt op to PI, November 29, 2017

Pltfs op to LS interv, December 6, 2017

Little Sisters’ proposed PI op, December 6, 2017

Pltfs PI reply, December 6, 2017, with declaration and ? FOIA info ?

C CAvT States’ Reply ISO PI .Decl Sharita Gruberg FOIA

March for Life EDF motion to intervene, December 8, 2017

CAvT March Life interv mo file0.45637019704203

Little Sisters interv reply, December 11, 2017

Preliminary injunction order, December 21, 2017

Plaintiffs’ op to March for Life motion to intervene, December 22, 2017

Order allowing Little Sisters to intervene, December 29, 2017

March for Life request to expedite [?] its intervention motion, January 17, 2018

Order granting March for Life intervention, January 26, 2018

Little Sisters appeal from PI order, January 26, 2018 (9th Cir. 18-15144)

March for Life appeal from PI order, January 31, 2018 (9th Cir. 18-15166)

US appeal from PI order, February 16, 2018

US appeal, 18-15255

Consolidation order in Ninth Circuit, March 7, 2018

Trial court stipulation for stay, March 8, 2018

Stay order, March 8, 2018

US opening brief, April 9, 2018

Little Sisters opening brief, April 9, 2018

March for Life opening brief, April 9, 2018

First Liberty Institute amicus, April 16, 2018

Con law scholars amicus, April 16, 2018

Religious Sisters of Mercy amicus, April 16, 2018

Appellees’ brief, May 21, 2018

NWLC amicus, May 25, 2018

AAUW amicus, May 25, 2018

CRR amicus, May 29, 2018

HPO amicus, May 29, 2018

Mass amicus, May 29, 2018

Ad Law Profs amicus, May 29, 2018

17 Cities amicus, May 29, 2018

AUSCS amicus, May 29, 2018

ACLU amicus, May 29, 2018

PP amicus, May 29, 2018

USWCC amicus, May 29, 2018

US reply, June 11, 2018

Little Sisters reply, June 11, 2018

March for Life reply, June 11, 2018

US additional authority (nationwide injunctions), August 7, 2018

Calif additional authority (nationwide injunctions), August 16, 2018

Calif v Trump addl auth 8 16

Calif additional authority (progress of regs), October 24, 2018

9C CAvT pltf supp auth regs

Little Sisters additional authority (progress of regs), October 25, 2018

9C CAvT Little Sisters supp auth regs

Ninth Circuit supplemental briefing order, October 25, 2018

9C CAvT supp briefing order

March for Life oral argument statement correction, October 25, 2018

9C CAvT Baylor correction

Parties’ joint request for extension of time, November 8, 2018

9C CAvT joint new rules brief xt request

US supplemental brief, with attached rules, November 16, 2018

C 9C CAvT US supplemental brief

Plaintiff states’ supplemental brief, November 16, 2018

C 9C CAvT plaintiff states’ supplemental brief

Little Sisters’ supplemental brief, November 16, 2018

C 9c CAvT Little Sisters supplemental brief

March for Life supplemental brief, November 16, 2018

C 9C CAvT March for Life supplemental brief

Ninth Circuit opinion, December 13, 2018

18-15144

Scheduling order, December 17, 2018

file0.262677307278988

Amended complaint, December 18, 2018

CAvT amended complaint merged_65375_-1-1545330966

Motion for preliminary injunction and memo, December 19, 2018

CAvT second PI motion and memo file0.217657690207613

Declarations

Declaration Anderson

Anderson file0.317354164823097

Declaration Arensmeyer

Arensmeyer file0.761965478808758

Declaration Bates

Bates file0.886405747422156

Declaration Cantwell

Cantwell file0.116827545725879

Declaration Chance

Chance file0.251616968345967

Declaration Custer

Custer file0.628850483606708

Declaration Alexander-Scott

Alexander-Scott file0.231772186971408

Declaration Childs-Roshak

Childs-Roshak file0.332510439018858

Declaration Zerzan-Thul

Zerzan-Thul file0.689866293492866

Declaration Durso

Durso file0.728767691451264

Declaration Dutton

Dutton file0.108424532265541

Declaration Gallagher

Gallagher file0.555493757399869

Declaration Gobielle

Gobielle file0.733454325041873

Declaration Grossman

Grossman file0.625738063399819

Declaration Hollier

Hollier file0.443623553999839

Declaration Ikemoto

Ikemoto file0.758813533038971

Declaration Jones

Jones file0.705891527273831

Declaration Kish

Kish file0.838895997070846

Declaration Kost

Kost file0.546733064848137

Declaration Kreidler

Kreidler file0.301949331109551

Declaration Lytle-Barnaby

Lytle-Barnaby file0.136473150263679

Declaration Maisen

Maisen

Declaration Moracco

Moracco file0.292987955539626

Declaration Navarro

Navarro file0.569365062789199

Declaration Nelson

Nelson file0.260978787244436

Declaration Nguyen

Nguyen file0.0641885607420924

Declaration Peterson

Peterson file0.512021219861833

Declaration Pomales

Pomales file0.680357862302241

Declaration Rabinovitz

Rabinovitz file0.767930927491886

Declaration Rattay

Rattay file0.212032760764611

Declaration Russell

Russell file0.337950409661186

Declaration Skinner

Skinner file0.773976089471159

Declaration Tobias

Tobias file0.0123321521479163

Declaration Tosh

Tosh file0.709641547679109

Declaration Welch

Welch file0.863394938913313

Declaration Werberg

Werberg file0.427053718167496

Declaration Whorley

Whorley file0.356741684527275

Declaration Wilson

Wilson file0.704739153656316

US motion for stay, December 26, 2018

merged_70315_-1-1545849364

Little Sisters motion for extension of time to answer, December 26, 2018

merged_60046_-1-1545922112

12/27/2018 183 Order denying 180 Motion to Stay; granting 180 Motion for Extension of Time to Answer entered by Judge Haywood S Gilliam, Jr. Given the impending January 14, 2019 effective date of the challenged rules, a stay of these proceedings is not feasible. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/27/2018)

US opposition to preliminary injunction, January 3, 2019

file0.415313268817169

Little Sisters opposition to preliminary injunction, January 3, 2019

merged_65229_-1-1546571358

Corrected Little Sisters opposition, 1/10

merged_31249_-1-1547152804

March for Life opposition to preliminary injunction, January 3, 2019

file0.955797652053786

Supplemental administrative record, January 7, 2019

merged_31878_-1-1546966161

Oregon motion to intervene, with Rimberg declaration, January 7, 2019

file0.440989582372037

file0.926495747446221

US Women’s Chamber of Commerce amicus, lodged January 7, 2019

merged_93230_-1-1546966437

American Nurses Association amicus, lodged January 7, 2019

merged_98877_-1-1546966545

National Women’s Law Center amicus, lodged January 7, 2019

merged_98877_-1-1546966545

AAUW amicus, corrected version lodged January 8, 2019

file0.378882109225867

Massachusetts amicus, finally filed January 11, 2019

file0.744662574763549

Plaintiffs’ reply supporting preliminary injunction, January 8, 2018

file0.370586387618584

Preliminary injunction order, January 13, 2019

file0.0894215591635081

Little Sisters notice of appeal, January 13, 2019

file0.327719040719

Little Sisters appeal # 19-15072

Ninth Circuit 18-15255 US motion to extend deadline to file for rehearing, January 14, 2019

9c cavt us mo to extend rehearing filing deadline

Ninth Circuit 18-15255 plaintiff op to extending deadline, January 16, 2019

9c cavt pltf rhb stay op

Order extending deadline, January 17, 2019

9c cavt rhb stay

US non-response to Oregon motion to intervene, January 18, 2019

file0.928185825507295

March for Life opposition to Oregon motion to intervene, January 22, 2019

file0.965408786471141

US notice of appeal, January 23, 2019

[]

US motion to lift rehearing stay, January 24, 2019

9c cavt us lift rehearing stay mo

March for Life notice of appeal, January 28, 2019

[]

Oregon reply supporting intervention, January 28, 2019

file0.192222306543169

Ninth Circuit order resetting rehearing en banc deadline, January 28, 2019

9c cavt order resetting rheb deadline

District Court order allowing Oregon to intervene under FRCP 24(b), February 1, 2019

file0.89392730015437

Scope of briefing and record proposals — Little Sisters, February 12, 2019

file0.465980144255933

Scope of briefing and record proposals — US, February 12, 2019

file0.681915658797276

Scope of briefing and record proposals — March for Life, February 12, 2019

file0.529128914504451

Scope of briefing and record proposals — plaintiff States, February 12, 2019

file0.781054505418194

Oregon complaint in intervention and joinder in PI motion, February 21, 2019

file0.101616686946851

file0.568703341336128

US 9th Circuit opening brief, February 25, 2019

9C CAvT2 US appellant’s brief

March for Life 9th Circuit opening brief, February 25, 2019

9C CAvT March for Life opening brief

Little Sisters 9th Circuit opening brief, February 25, 2019

9C CAvT Little Sisters opening brief

States’ motion for extension of time to file answering brief, February 28, 2019

9C CAvT 2 states’ xt mo

Little Sisters’ opposition to States’ extension, March 1, 2019

9C CAvT 2 Little Sisters op to xt

Residents of Little Sisters amicus, March 4, 2019

9C CAvT 2 Residents amicus

Texas et al amicus, March 4, 2019

9C CAvT 2 Texas amicus

Con Law Scholars amicus, March 4, 2019

9C CAvT 2 Con Law Scholars amicus

First Liberty Institute amicus, March 4, 2019

9C CAvT 2 First Liberty amicus

Religious Sisters of Mercy amicus, March 4, 2019

9C CAvT 2 Religious Sisters of Mercy amicus

Little Sisters cert petition, March 13, 2019

20190313152230556_No.-__ Cert Petition only

Colorado, et al., motion to intervene/proposed complaint, March 15, 2019

merged_18333_-1-1552657125

Appellants’ motion to expedite appeal, March 18, 2019

CAvT 2 appellants’ motion to expedite appeal

03/22/2019 297 ORDER by Judge Haywood S. Gilliam, Jr. DENYING Plaintiff-Intervenor State of Oregon’s 288 request for joinder in the States’ preliminary injunction motion, because it was filed after the Court entered its order granting the preliminary injunction motion. If Oregon intends to seek preliminary relief, it must file a noticed motion that complies with the requirements of Civil Local Rule 7-2. In the alternative, if Defendants and Intervenors do not oppose the extension of the Court’s January 13, 2019 preliminary injunction order to the State of Oregon, without prejudice to any objections or appellate issues they may have regarding any aspect of that order, the parties should file a stipulation to that effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 3/22/2019) (Entered: 03/22/2019)

US op to Colorado intervention, March 28, 2019

file0.396134501361427

Little Sisters op to Colorado intervention, March 28, 2019

merged_55414_-1-1553867129

Colorado intervention reply, April 4, 2019

merged_15516_-1-1554471887

US waiver of right to respond to Little Sisters cert petition, April 8, 2019

20190408182301378_Waiver Letter 18-1192

States’ request for extension within which to respond to Little Sisters’ cert petition, April 8, 2019

20190408140007532_18-1192 Request for Extension of Time final

States’ appellees’ brief, April 15, 2019

9C CAvT 2 appellees brief

ACLU amicus, April 19, 2019

9C ACLU amicus

Program for Study of Reproductive Justice amicus, April 19, 2019

9C Program for Reproductive Justice amicus

[Many amicus briefs]

Ninth Circuit order for briefing on Pennsylvania nationwide injunction, April 29, 2019

file0.644653776466054

Plaintiffs’ summary judgment motion, April 30, 2019

file0.286060976834175

Oregon motion for preliminary injunction, April 30, 2019

merged_49772_-1-1556717513

US appellants’ reply brief, May 6, 2019

9C CAvT 2 US reply brief

Little Sisters appellant’s reply brief, May 6, 2019

9C CAvT 2 Little Sisters reply

March for Life appellant’s reply brief, May 6, 2019

9C CAvT 2 March for Life reply

Planned Parenthood amicus, May 9, 2019

file0.981447454580245

[Other amicus briefs]

California cert opposition, May 13, 2019

20190513132049849_No. 18-1192 Opposition for printing

US PI opposition, May 14, 2019

file0.239785349733335

Little Sisters oppositions, May 14, 2019

merged_55592_-1-1557935489

US supplemental, May 20, 2019

9C CAvT 2 US suppl

March for Life supplemental, May 20, 2019

9C CAvT 2 March for Life suppl

Little Sisters supplemental, May 20, 2019

9C CAvT 2 Little Sisters suppl

Plaintiffs’ supplemental, May 20, 2019

9C CAvT 2 pltf suppl

Oregon PI reply, with declaration, May 21, 2019

merged_14304_-1-1558532189

9C plaintiffs’ additional authority (Mass. standing case), May 24, 2019

9C CAvAzar supp auth Mass

Little Sisters cert reply, May 29, 2019

20190529113953119_18-1192ReplyBriefOfPetitioners

US summary judgment opposition and motion to dismiss/motion for summary judgment, May 31, 2019

file0.0697828338399056

March for Life summary judgment opposition and motion to dismiss/motion for summary judgment, May 31, 2019

file0.649669815591675

Little Sisters summary judgment opposition/motion to dismiss, etc., May 31, 2019

file0.603122763374028

US apology for not attending hearing on intervention motion, June 7, 2019

file0.680645257272896

Little Sisters apology for not attending hearing on intervention motion, June 7, 2019

file0.862417842066986

March for Life apology for not attending hearing on intervention motion, June 7, 2019

file0.74863294958244

Ninth Circuit Little Sisters notice re DeOtte, June 10, 2019

9C Little Sisters letter re DeOtte

Trial level Little Sisters notice re DeOtte, June 10, 2019

file0.441928001624671

Supreme Court Little Sisters Supplemental Brief, June 10, 2019

20190610135129183_No. 18-1192 Supplemental Brief

US letter re Third Circuit questions, June 14, 2019

9C US letter re 3d Cir

States’ opposition/reply, July 1, 2019

file0.349006237733317

[Many declarations]

Order extending injunction to Oregon, July 2, 2019

file0.185628229557675

Plaintiffs’ additional authority (Third Circuit), July 16, 2019

Document 65

LS response to additional authority, July 24, 2019

9C LS addl authority response (PA)

US reply, August 1, 2019

file0.42589358127783

Little Sisters reply, August 1, 2019

file0.332027578531903

March for Life reply, August 1, 2019

file0.583825992458639

Plaintiffs’ sur-reply, August 15, 2019

file0.912214387712208

08/30/2019 396 ORDER by Hon. Haywood S. Gilliam, Jr. VACATING the hearing scheduled for September 5, 2019, at 2:00 p.m., and taking the pending motions [311,366,368,370] under submission. The Court notes that there is a nationwide injunction currently in place, issued by the Eastern District of Pennsylvania and affirmed by the Third Circuit. The Court DIRECTS the parties to notify it within 24 hours of any substantive development related to the injunction. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 8/30/2019) (Entered: 08/30/2019)

Ninth Circuit opinion, October 22, 2019

9C CAvT 2 opinion

Letter re extension for Little Sisters to petition for cert to 2/19/20, December 23, 2019

Supreme Court extension 12 23 19

Letter re extension for US to petition for cert to 2/19/20, January 8, 2020

19A757

“Notice of Development” (Penn. grant of cert), January 21, 2020

file0.487636200656322

01/22/2020 411 ORDER by Hon. Haywood S. Gilliam, Jr. STAYING this action and holding all pending motions in abeyance in light of the Supreme Court granting certiorari in Little Sisters of the Poor v. Pennsylvania, Case No. 19-431, and Trump v. Pennsylvania, Case No. 19-454. The Court further DIRECTS the parties to submit a joint status report within ten days of the Supreme Court’s opinions in these cases. The clerk is directed to administratively close the case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 1/22/2020) (Entered: 01/22/2020)

US petition for certiorari, February 19, 2020

20200219165340299_HHS v. California

March for Life petition for certiorari, February 19, 2020

20200219104841221_2020.02.19 USSC Petition for Writ of Certiorari

California combined opposition, March 20, 2020

20200320143426995_19-1038 19-1040 19-1053 Cert Opposition

March for Life waiver of right to respond to US petition

20200320170140575_SG Petition Waiver Signed

Notice re Supreme Court decision, July 8, 2020

file0.992892402961058-1

19-1038 19-1040 19-1053
) ) ) ) )
DEPT. OF H&HS, ET AL. V. CALIFORNIA, ET AL. MARCH FOR LIFE EDUCATION V. CALIFORNIA, ET AL. LITTLE SISTERS OF THE POOR V. CALIFORNIA, ET AL.
The petitions for writs of certiorari are granted.
The judgment is vacated, and the cases are remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, 591 U. S. ___ (2020).

07/09/2020 416 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to meet and confer and file a joint status report of no more than five pages indicating how they intend to proceed in this action, including any requested briefing schedule, following the Supreme Court’s opinion in Little Sisters of the Poor v. Pennsylvania, Case No. 19-431 (S. Ct. July 8, 2020), reversing the decision of the Third Circuit and remanding for further proceedings. The parties shall file their joint status report by July 17, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 7/9/2020) (Entered: 07/09/2020)

Joint status report, July 17, 2020

file0.244433618887467

Order for briefs re scope of remand, August 13, 2020

9C remand order

US supplemental brief, August 28, 2020

9C US supp br

California supplemental brief, August 28, 2020

9C Calif supp br

March for Life supplemental brief, August 28, 2020

9C March for Life supp br

Little Sisters supplemental brief, August 28, 2020

9C Little Sisters supp br

Ninth Circuit remand order, October 8, 2020

9C remand order 10 8 20

Joint status report with proposed briefing schedule, October 19, 2020

file0.73601842279653

Plaintiffs’ supplemental brief, November 4, 2020

file0.598603080065129

Plaintiffs’ withdrawal of some claims, November 4, 2020

file0.112813023422984

US supplemental brief, November 23, 2020

file0.877785799597529

Little Sisters supplemental brief, November 24, 2020

file0.795603959859488

March for Life supplemental brief, November 25, 2020

file0.187499295958457

Plaintiffs’ supplemental reply brief, December 4, 2020

file0.681860326361981

12/14/2020 442 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the clerk to re-open this case and lift the stay in light of the Supreme Court’s opinion in Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020), and Dkt. No. 429 the Ninth Circuit’s order remanding the case to apply the Supreme Court’s opinion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 12/14/2020) (Entered: 12/14/2020)
12/16/2020 445 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Motion Hearing held on 12/16/2020. Total Time in Court: 41 minutes. Court Reporter: Raynee Mercado. Plaintiff Attorney: Karli Eisenberg. Defendant Attorney: Ken Connelly; Jennifer Dickey; Mark Rienzi; and Diana Verm. Cross-motions for summary judgment are argued and submitted by the parties and taken under submission by the Court. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 12/16/2020) (Entered: 12/17/2020)

US notice of supplemental authority (Mass.), January 19, 2021

merged_58601_-1-1611197766

US motion to stay, March 1, 2021

merged_29239_-1-1614894951

03/02/2021 454 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr: Telephonic Further Case Management Conference held on 3/2/2021. Total Time in Court: 9 Minutes. Not Reported. Plaintiff Attorney: Katekee Kane and Kathleen Boergers. Defendant Attorney: Justin Sandberg; and Kenneth Connelly, Jr. Intervenor Attorney: Mark Rienzi. The Court finds good cause to hold in abeyance the motions under submission until April 30th. Parties are directed to file a status report by April 30th. The Court orders the motion to stay (docket 451 ) terminated as moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 3/2/2021) Modified on 3/4/2021 to add docket no. (ndrS, COURT STAFF). (Entered: 03/04/2021)

Joint status report, April 30, 2021

file0.325702043288526

Plaintiffs’ additional authority (Tandon v. Newsom), May 7, 2021

file0.650767644672793

Plaintiffs’ additional authority (Fulton v. Philadelphia), July 2, 2021

file0.2405829721048

US notice of intent to initiate rulemaking, August 17, 2021

merged_12853_-1-1629572621

08/17/2021 466 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held on 8/17/2021 via Zoom. Total Time in Court: 17 Minutes. Not Reported. Plaintiff Attorney: Ketakee Kane. Defendant Attorney: Justin Sandberg, Kenneth Connelly Jr., and Mark Rienzi. The Court continues the stay currently in force. Counsel are directed to e-file a joint status report every 6 months regarding the related appeals. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 8/17/2021) Modified on 8/20/2021 to add via zoom and remove additional case stayed. (ndrS, COURT STAFF). (Entered: 08/18/2021)

Joint status report, October 29, 2021

18619152-0–55090

[]

Joint status report, August 1, 2022

CA v Becerra joint status 8 1 22

Little Sisters motion to intervene, September 2, 2022

CA Little Sisters mo interv 9 2 22

California opposition to intervention, September 16, 2022

CA v T CA op LS interv 9 16 22

Reply supporting intervention, September 23, 2022

merged_71761_-1-1665156529

Status report, November 1, 2022

CA v US status report 11 1 22

===

Not now filed in the case

Letter from California AG to Secretary Azar, September 18, 2019

09-18-19_us_dept_of_hhs_labor_treasury_17-522_-_final_-_california_v_azar

========

Indiana

Irish 4 Reproductive Health v. U.S. D.H.H.S., No. 3:18-cv-491 (N.D. Ind.)

Complaint, with appendix listing cases settled, June 26, 2018

Notre Dame Complaint

Note: the Notre Dame case was University of Notre Dame v. Hargan, No. 3:13-cv-1276 (N.D. Ind.)

[]

Order on motions to dismiss, January 16, 2020

4036409-0–28776

US motion for stay, February 5, 2020

merged_38761_-1-1580999946

Plaintiffs’ opposition to motion for stay, February 19, 2020

4065432-0–20789

US motion for extension of time to answer, February 24, 2020

merged_22129_-1-1582640301

US reply supporting stay, February 26, 2020

4071094-0–20221

Order allowing extension of time to answer, February 26, 2020

02/26/2020 91 ORDER granting 89 Defendants’ Unopposed Motion for Extension of Time. Defendants to answer or otherwise respond to the complaint by 4/27/2020. Pretrial conference to be reset by separate order. Approved by Magistrate Judge John E Martin on 2/26/2020. No pdf attached. (sa) (Entered: 02/26/2020)
03/04/2020 92 ORDER re 91 VACATING the Preliminary R16B Pretrial Conference on 4/2/2020 and the related deadline to file a proposed joint discovery plan. The pretrial conference will be reset where necessary following ruling on MOTION to Stay. Text entry order. By Magistrate Judge John E Martin on 3/4/2020. (smb) (Entered: 03/04/2020)

Stay order, April 15, 2020

4109295-0–15150

Joint status report, July 22, 2020

4186145-0–11643

07/28/2020 95 NOTICE of Hearing/Deadlines: Telephone Conference by AT&T Conferencing regarding 94 now set for 8/6/2020 10:00 AM (Central/Hammond time) in US District Court – Hammond before Judge Philip P Simon. The parties shall access AT&T Conferencing by dialing 888-363-4749 and entering the code of 9147763 when prompted. (nac) (Entered: 07/28/2020)

Notice of voluntary withdrawal of certain claims, July 31, 2020

4194421-0–18228

Scheduling order, August 6, 2020

4198954-0–17271

Second amended complaint, August 20, 2020

4071094-0–20221 merged_60447_-1-1597961311

Notre Dame motion to dismiss, September 21, 2020

merged_89948_-1-1600728638

U.S. motion to dismiss, September 21, 2020

merged_98000_-1-1600728715

Plaintiffs’ motion for Rule 16 conference, September 29, 2020

4244611-0–690

US opposition to motion for Rule 16 conference, October 9, 2020

4253338-0–16137

US motion for partial summary judgment/dismissal, October 9, 2020

merged_56452_-1-1602432057

Notre Dame opposition to motion for Rule 16 conference, October 13, 2020

4255496-0–1311-1

Plaintiffs’ reply supporting Rule 16 conference, October 14, 2020

4256826-0–14332

Order denying Rule 16 conference, October 15, 2020

4257756-0–15843

Opposition to US motion to dismiss, October 21, 2020

4262791-0–31009

Plaintiffs’ motion to hold US motion for partial summary judgment in abeyance, November 2, 2020

4272456-0–24502

US reply supporting motion to dismiss, November 5, 2020

4275184-0–8614

Notre Dame reply supporting motion to dismiss, November 5, 2020

4275278-0–8686

US response to abeyance motion, November 16, 2020

4282722-0–13699

Plaintiffs’ reply supporting abeyance, November 20, 2020

4287960-0–16391

Abeyance order, November 24, 2020

4290030-0–21692

US notice of addl authority (Mass.), January 19, 2020

merged_97094_-1-1611197557

Order largely granting motion to dismiss, August 12, 2021

4500293-0–15707

Joint motion for stay, August 24, 2021

Irish 4 joint mo stay 8 24

Stay order, August 25, 2021

Irish 4 stay order 8 25

Status report, November 17, 2021

Irish status report 11 17

Status report, February 15, 2022

Irish status report 2 15

Status report, May 16, 2022

4714793-0–117435

Status report, August 15, 2022

4778744-0–106746

Status report, November 14, 2022

Irish 4 status report 11 14 22

=========

Massachusetts

Com. of Mass. v. Wright, No. 1:17-cv-11930 (D. Mass.)
Complaint, October 6, 2017

Amended complaint, November 16, 2017

Memo for summary judgment, November 17, 2017

US SJ xmo, op, motion to dismiss, December 8, 2017

Commonwealth combined SJ reply XSJ op dismissal op, January 19, 2018

Order denying intervention, January 29, 2018

US reply, February 8, 2018

Summary judgment order on standing, March 12, 2018

Judgment, April 4, 2018

Notice of appeal, May 29, 2018

First Circuit # 18-1514

Opening brief, September 17, 2018

Health professional organizations amicus, September 21, 2018

Center for Reproductive Rights amicus, September 21, 2018

Guttmacher amicus, September 24, 2018

ACLU amicus, September 24, 2018

Public Health Scholars amicus, September 24, 2018

AAUW amicus, September 24, 2018

Santa Clara County amicus, September 24, 2018

NWLC amicus, September 24, 2018

Pennsylvania and other states amicus, September 24, 2018

1C PA amicus

Planned Parenthood amicus, September 24, 2018

1C Planned Parenthood amicus

Ernest A. Young amicus, October 16, 2018

1C MA v. T amicus Ernest A. Young

Unopposed US request for postponement, stay, November 8, 2018

1C MA v. T US letter re staying briefing

1C MA v. T US motion staying briefing

Order staying briefing, November 14, 2018

1C MA v. T order staying briefing

Defendants’ proposal for litigating out the standing issue, November 20, 2018

Document 21

Commonwealth’s agreement to litigating out the standing issue, December 7, 2018

1C MA v. T com’s response what next

US reply on further proceedings, December 11, 2018

1C MA v. T federal reply on further proceedings

Order for continued briefing, December 21, 2018

1C order for continued briefing

Motion for extension of time, December 26, 2018

1C MA v. T US motion stay govt shut

Commonwealth opposition to motion for extension of time, January 3, 2018

1c ma v. t comm stay response

Order staying briefing, January 8, 2019

1c ma v. t order staying shutdown

US letter re shutdown, January 24, 2019

1c ma v. t us letter re shutdown

US notice of restored funding, January 28, 2019

1c mavt notice of restoration of funding

Order resetting briefing schedule, January 29, 2019

1c ma v. t order resetting

US appellee brief, February 4, 2019

1C US appellee brief

Commonwealth reply brief, February 25, 2019

1C MA v. T Comm reply brief

Opinion, May 2, 2019

1C MA v. T opinion

Amended complaint, July 8, 2019

MAvT amended complaint

Proposed scheduling order, July 18, 2019

show_multidocs.pl 11

Motion for summary judgment, memo, declarations, July 31, 2019

MAvT motion SJ

MAvT memo SJ

ACLU amicus, August 15, 2019

ACLU amicus

US motion/memo to dismiss, or for summary judgment, August 30, 2019

MAvT US motion to dismiss 8 30 19

MAvT US memo motion to dismiss or sj 8 30 19

Commonwealth’s dismissal opposition and summary judgment reply, September 26, 2019

MassvT pltf SJ op reply

US reply, October 21, 2019

US sj dism reply

Plaintiff’s supplemental authority (Calif.), October 25, 2019

MAvT 2 pltf notice addl auth 9C

US consent motion for stay, February 5, 2020

US consent motion for stay

Motion for stay “allowed,” February 7, 2020

Motion for stay allowed

Order lifting stay and adopting parties’ proposed briefing schedule, September 10, 2020

Mass v USDHHS order lifting stay briefing sched

Commonwealth’s supplemental brief, September 29, 2020

Mass v. USDHHS pltf sup br

US’s supplemental brief, November 6, 2020

Mass v. USDHHS US supp br

Opinion, January 15, 2021

Opinion 1 15 21

Judgment, January 19, 2021

Judgment 1 19 21

Notice of appeal, January 27, 2021

MassvT 2d appeal notice

First Circuit # 21-1076

US consent motion to hold appeal in abeyance, March 5, 2021

1C MAvT consent motion hold abeyance

First Circuit abeyance order, March 12, 2021

1C stay order 3 12 21

[]

Status report, December 12, 2022

1C MA status report 12 12 22

Status report, March 17, 2023

1C MA status report 3 17 23

Order, March 20, 2023

1C MA stay order 3 20 23

==============

Pennsylvania

Com. of Pennsylvania v. Trump, No. 2:17-cv-4540 (E.D. Pa.)

Complaint, October 11, 2017

PI memo, November 2, 2017

PI op, November 16, 2017

US motion to dismiss, November 16, 2017

Little Sisters interv memo, November 22, 2017

PI reply, November 27, 2017

ACLJ amicus, November 28, 2017

Calif Women Lawyers amicus, November 28, 2017

Massachusetts et al amicus, November 28, 2017

PA opposition to motion to dismiss, November 30, 2017

US dismissal reply, December 7, 2017

LS intervention reply, December 7, 2017

Order denying Little Sisters intervention, December 7, 2017

Little Sisters appeal # 17-3679
Govt motion in limine re administrative record, December 11, 2017

Plaintiff’s op to motion in limine, December 13, 2017

Govt reply re motion in limine, December 13, 2017

Order denying motion in limine, December 13, 2017

Opinion granting PI, December 15, 2017

PI order, December 15, 2017

Little Sisters protective notice of appeal, December 15, 2017

Little Sisters appeal # 17-3752

US appeal February 6, 2018, #18-1253

US motion for stay in trial court, February 8, 2018

Order granting stay in trial court, February 9, 2018

US appeal 18-1253

Third Circuit proceedings from April 2018 on:

Third Circuit opinion in 17-3679 on intervention, April 24, 2018

Third Circuit reversal order, April 24, 2018

Third Circuit scheduling order, June 20, 2018
US Third Circuit opening brief, September 21, 2018
Little Sisters Third Circuit opening brief, September 21, 2018
Consent motion to stay briefing schedule, November 19, 2018
Third Circuit stay order to 11/28/2018, November 20, 2018
PA motion, November 28, 2018
US motion, November 28, 2018
Little Sisters motion, November 28, 2018
Little Sisters response, December 4, 2018
US response, December 6, 2018
PA response, December 10, 2018
PA reply, December 13, 2018
Little Sisters reply, December 17, 2018
Third Circuit order, January 9, 2019
District court proceedings from April 2018 on:

District court order vacating Little Sisters order, May 10, 2018

McElvain withdrawal, July 2, 2018

15585495-0–394

District court PA motion to lift stay, November 26, 2018

merged_61760_-1-1543416516

Federal non op to lifting stay and status conference 12/13, December 7, 2018

15894959-0–28691

Little Sisters op to lifting stay, December 10, 2018
Opinion and order lifting stay, December 14, 2018
12/14/2018 MOTION HEARING SET FOR 1/10/2019 09:00 AM IN COURTROOM BEFORE HONORABLE WENDY BEETLESTONE. (mbh, ) (Entered: 12/18/2018)
Commonwealth’s second motion for preliminary injunction, December 18, 2018
Index of exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Exhibit N
Exhibit O
Exhibit P
Exhibit Q
Exhibit R
Exhibit S
Exhibit T
Exhibit U
Exhibit V
Exhibit W
Exhibit X
US motion for stay, December 26, 2018
Little Sisters motion for extension of time to answer, December 26, 2018
Commonwealth’s opposition to stay, December 27, 2018
US reply supporting stay, December 28, 2018
US opposition to preliminary injunction, January 3, 2019
[Motion to allow excess pages
[Proposed US opposition with excess pages
Little Sisters opposition to preliminary injunction, January 3, 2019
Errata re statement of issues, January 10, 2019
US motion to supplement record, with record additions, January 7, 2019
American Nurses Association amicus, lodged January 7, 2019
U.S. Women’s Chamber of Commerce amicus, lodged January 7, 2019
National Women’s Law Center amicus, lodged January 7, 2019
American Ass’n of University Women amicus, lodged January 7, 2019
Pennsylvania/New Jersey reply, January 7/8, 2019
Pennsylvania notice of California decision, January 14, 2019
Preliminary injunction opinion, January 14, 2019
Injunction
Little Sisters notice of appeal, January 14, 2019
# 19-1129
US appeal, January 23, 2019
Third Circuit order directing briefing schedule, January 24, 2019
Proposed briefing schedule, January 28, 2019
Order on briefing limits, February 1, 2019
02/01/2019 TEXT ONLY ORDER (Clerk) Action on the requests for leave to file overlength briefs and for expedited disposition is hereby deferred. Within seven (7) days of the date of this order, the parties must file a supplemental motion providing the justification required under the Court’s January 9, 2012 Standing Order regarding motions to exceed the word limitations of the Federal Rules of Appellate Procedure. The parties must also clarify if the 16,000 word Appellants’ briefs will be in addition to the briefs filed on September 21, 2018, or in place of those briefs. The parties should not file any briefs until the Court has ruled on the pending requests. It is noted that the record does not have to be filed by the District Court as it is available electronically. [17-3752, 18-1253, 19-1129, 19-1189] (HAG) [Entered: 02/01/2019 10:51 AM]
US District Court motion to stay trial court proceedings, February 14, 2019
US appellant’s brief, February 15, 2019
Little Sisters appellant’s brief, February 15, 2019
Texas amicus, February 22, 2019
Religious Sisters of Mercy amicus, February 22, 2019
Scholars’ amicus, February 22, 2019
Pennsylvania opposition to staying trial court proceedings, February 28, 2019
Order denying stay in trial court proceedings, March 6, 2019
Pennsylvania response brief, March 18, 2019
Center for Reproductive Rights amicus, March 22, 2019
ACLU amicus, March 25, 2019
National Women’s Law Center amicus, March 25, 2019
Massachusetts et al amicus, March 25, 2019
American Nurses Ass’n amicus, March 25, 2019
Public Interest Law Center amicus, March 25, 2019
US Women’s Chamber of Commerce amicus, March 25, 2019
Religious and civil rights organizations amicus, March 25, 2019
American Ass’n of University Women, March 25, 2019
Planned Parenthood Federation amicus, March 25, 2019
Church-state scholars amicus, March 25, 2019
US motion to dismiss (trial level), March 28, 2019
Little Sisters motion to dismiss (trial level), March 29, 2019
Scheduling order, April 5, 2019
US reply brief, April 8, 2019
Little Sisters reply brief, April 8, 2019
Pennsylvania opposition to trial-level motions to dismiss, April 12, 2019
Little Sisters reply supporting motion to dismiss, April 18, 2019
US reply supporting motion to dismiss, April 19, 2019
PA notice of additional authority (Mass v. Trump), May 3, 2019
Plaintiffs’ motion for summary judgment, with memo and supporting documents, May 15, 2019
Notice of addl authority (Mass v Trump), May 16, 2019
Clerk’s order to parties to provide oral argument transcript, May 21, 2019
Transcript of Third Circuit oral argument, held May 21, 2019, provided June 4, 2019
Center for Reproductive Justice amicus, June 7, 2019
American Academy of Nursing amicus, June 7, 2019
California Women Lawyers amicus, June 7, 2019
Center for Reproductive Rights amicus, June 7, 2019
U.S. Women’s Chamber of Commerce amicus, June 7, 2019
Americans United for Separation of Church and State amicus, June 7, 2019
Planned Parenthood Federation of America amicus, June 7, 2019
Church-state Scholars amicus, June 7, 2019
Little Sisters letter re DeOtte, June 10, 2019
States’ response to nationwide question raised at oral argument, June 11, 2019
US motion for summary judgment/summary judgment opposition, with memo, statement re facts, proposed order, June 14, 2019
Little Sisters motion for summary judgment/summary judgment opposition, with memo, statement re facts, proposed order, June 14, 2019
US 28(j) response, June 14, 2019
States’ 28(j) letter re Little Sisters, DeOtte, June 17, 2019
Further Little Sisters 28(j), June 18, 2019
Church-state scholars’ memo in response, June 25, 2019
Further Little Sisters 28(j), June 24, 2019
Further Little Sisters 28(j), June 27, 2019
States’ response/reply, June 28, 2019
Little Sisters’ reply, July 12, 2019
US reply, July 12, 2019
Third Circuit opinion, July 12, 2019
Third Circuit judgment, July 12, 2019
Amendments to Third Circuit opinion, July 18, 2019
07/19/2019 228 NOTICE OF STATUS CONFERENCE CALL (FOLLOWING A THIRD CIRCUIT DECISION) – TUESDAY, JULY 23, 2019 AT 3:30 P.M. COUNSEL FOR PLAINTIFF SHALL INITIATE THE CALL AND ONCE ALL PARTIES ARE ON THE LINE CALL IN TO CHAMBERS AT 267-299-7450 TO CONNECT THE JUDGE. THANK YOU. (amw, ) (Entered: 07/19/2019)
US post-status-conference letter, July 25, 2019
Plaintiffs’ post-status-conference letter, July 25, 2019
Stay/abeyance order, July 31, 2019
Third Circuit affirmance, September 3, 2019
Little Sisters cert petition, dated October 1, 2019, filed October 2 (No. 19-431)
US cert petition, October 3, 2019 (No. 19-454)
Pennsylvania request for extension for response, October 22, 2019
Little Sisters partial opposition to extension, October 23, 2019
Oct 24 2019 Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019.
Joint status report, October 25, 2019
Residents amicus, October 28, 2019
Foundation for Moral Law amicus, October 31, 2019
First Liberty Institute amicus, November 1, 2019
92 members of Congress amicus, November 1, 2019
Cato amicus, November 1, 2019
States’ amicus, November 1, 2019
Catholic Bishops’ amicus, November 1, 2019
Christian Legal Society amicus, November 1, 2019
American Center for Law and Justice amicus, November 6, 2019
Response to Little Sisters petition, December 9, 2019
Response to US petition, December 9, 2019
Little Sisters cert reply, December 20, 2019
US cert reply, December 20, 2019
Dec 23 2019 DISTRIBUTED for Conference of 1/10/2020.
(ORDER LIST: 589 U.S.)
FRIDAY, JANUARY 17, 2020
19-431
19-454
) ) )
LITTLE SISTERS OF THE POOR V. PENNSYLVANIA, ET AL.TRUMP, PRESIDENT OF U.S., ET AL. V. PENNSYLVANIA, ET AL.
The petitions for writs of certiorari are granted.
The cases are consolidated, and a total of one hour is allotted for
oral argument.
Status report at trial level, January 23, 2020
Third Circuit remand order, August 20, 2020
Joint status report, August 27, 2020
Scheduling order, September 23, 2020
Plaintiffs’ summary judgment brief, September 29, 2020
Little Sisters summary judgment and opposition brief, October 23, 2020
US summary judgment and opposition brief, October 23, 2020
Plaintiffs’ reply and opposition, November 13, 2020
US reply, November 24, 2020
Little Sisters reply, November 24, 2020
US notice of supplemental authority (North Dakota), January 19, 2021
02/19/2021 267 NOTICE OF STATUS CONFERENCE VIA ZOOM VIDEO SET FOR MONDAY, MARCH 15, 2021 AT 12:30 P.M. COUNSEL SHALL CONFER AS TO WHO WILL SCHEDULE AND CIRCULATE ZOOM DIAL IN INFORMATION TO CHAMBERS AT chambers_of_judge_beetlestone@paed.uscourts.gov (amw, ) (Entered: 02/19/2021)
03/01/2021 268 NOTICE OF STATUS CONFERENCE VIA ZOOM VIDEO RESET FOR THURSDAY, MARCH 11, 2021 AT 11:00 A.M. COUNSEL SHALL CONFER AS TO WHO WILL SCHEDULE AND CIRCULATE ZOOM DIAL IN INFORMATION TO CHAMBERS AT chambers_of_judge_beetlestone@paed.uscourts.gov (amw, ) (Entered: 03/01/2021)
US motion to stay, March 5, 2021
Stay order, March 8, 2021
Plaintiffs’ notice of additional authority (Tandon v. Newsom), April 23, 2021
US status report, April 30, 2021
US motion for stay, April 30, 2021
Plaintiffs’ notice of additional authority (Fulton), July 6, 2021
US motion for stay, July 30, 2021
Stay order, August 3, 2021
Joint status report, October 29, 2021
[]
Joint status report, July 26, 2022
==========
Texas
DeOtte v. Azar, No. 4:18-cv-825 (N.D. Tex.); Leal v. Azar, No. 2:20-cv-185 (N.D. Tex.); Kelley v. Azar, No. 4:20-cv-283 (N.D. Tex.); Dierlam v. Obama, No. 4:16-cv-307 (S.D. Tex.)
———-
DeOtte v. Azar, No. 4:18-cv-825 (N.D. Tex.)
Complaint, October 6, 2018
Exhibits
Defendants’ motion for extension to answer, December 13, 2018
Unopposed motion to lift stay, February 5, 2019
Amended complaint, February 5, 2019
Exhibits
Motion for class certification, February 5, 2019
Motion/memo for preliminary injunction, February 5, 2019
Appendix
Order re class issues, February 7, 2019
Joint status report, February 14, 2019
Joint status report and proposed briefing schedule, February 20, 2019
Unopposed motion for TRO, February 20, 2019
Braidwood TRO, February 20, 2019
US response to class cert, March 8, 2019
Class cert reply, March 15, 2019
Class cert reply appendix, March 16, 2019
Order certifying class, March 30, 2019
Motion for summary judgment and permanent injunction, April 1, 2019
Joint status report, April 5, 2019
Unopposed motion to correct class order, April 9, 2019
Order correcting class order, April 11, 2019
US response to summary judgment, April 15, 2019
Summary judgment reply, April 19, 2019
Order setting SJ hearing and issues, May 9, 2019
Request to continue hearing, May 13, 2019
Order continuing hearing to 5/29, May 15, 2019
Planned Parenthood amicus motion and proposed brief, May 24, 2019
Nevada motion to intervene, with supporting documents, May 24, 2019
Massachusetts amicus motion and proposed brief, May 24, 2019
National Women’s Law Center amicus motion and proposed brief, May 24, 2019
American Ass’n of University Women amicus motion and proposed brief, May 24, 2019
DeOtte summary judgment order, June 5, 2019
Plaintiffs’ opposition to Nevada intervention, June 14, 2019
Plaintiffs’ opposition to amicus participation, June 14, 2019
Motion for entry of judgment on separate document, with proposed judgment, June 18, 2019
Nevada reply supporting intervention, June 28, 2019
Nevada protective notice of interlocutory appeal, July 3, 2019
Massachusetts opposition to summary judgment and support for Nevada, July 9, 2019
Asian Pacific Women support for Nevada and opposition to summary judgment, July 9, 2019
American Ass’n of University Women support for Nevada and opposition to summary judgment, July 9, 2019
Fifth Circuit #: 19-10754
Order denying motion to intervene, July 29, 2019
Final judgment, July 29, 2019
Fifth Circuit briefing schedule notice, August 15, 2019
Nevada amended notice of appeal, August 27, 2019
Fifth Circuit notice saying amended notice of appeal misrouted, August 29, 2019
Plaintiff motion to dismiss merits part of Nevada appeal, September 6, 2019
Unopposed plaintiff motion to suspend briefing on merits appeal, September 6, 2019
Order suspending briefing on merits appeal, September 9, 2019
Nevada unopposed motion to extend deadline for response, September 13, 2019
Plaintiffs’ unopposed motion to amend caption, September 23, 2019
US notice of appeal, September 27, 2019
Unopposed motion for extension of time to request attorney’s fees, September 28, 2019
Nevada opposition to motion to dismiss, September 30, 2019
US motion to hold own appeal in abeyance, October 1, 2019
Fifth Circuit order staying merits proceedings, October 2, 2019
Plaintiffs’ reply supporting dismissal, October 4, 2019
Order carrying motion to dismiss with case, October 10, 2019
Briefing notice, opening brief due November 19, October 10, 2019
Plaintiffs’ and US motion to stay appeal, October 11, 2019
Order re Town of Chester, October 15, 2019
Nevada opposition to motion to stay appeal, October 16, 2019
Plaintiffs’ reply supporting stay, October 18, 2019
Order denying stay, October 22, 2019
US motion to dismiss own appeal, December 6, 2019
Order dismissing US appeal, December 10, 2019
Nevada opening brief, December 19, 2019
Massachusetts et al amicus, December 20, 2019
National Women’s Law Center amicus, December 20, 2019
Information Society Project amicus, December 24, 2019
Notice re attorney’s fees settlement, December 24, 2019
Planned Parenthood amicus, December 26, 2019
American College of OB GYN amicus, December 26, 2019
15 Local Governments amicus, December 26, 2019
AFCSME amicus, December 26, 2019
Americans United for Separation of Church and State amicus, December 26, 2019
DeOtte motion to stay, January 17, 2020
DeOtte unopposed motion to extend briefing deadline, January 17, 2020
Fifth Circuit request for response by 1/27, January 21, 2020
Nevada nonopposition to stay, January 27, 2020
Reply supporting stay, January 27, 2020
Order for stay, January 29, 2020
Appellees’ renewed motion to dismiss part of appeal, July 22, 2020
Nevada opposition to motion to dismiss, August 3, 2020
Appellees’ reply supporting dismissal, August 6, 2020
Carrying-with-the-case order, August 14, 2020
Briefing resumption order, August 14, 2020
DeOtte brief, October 12, 2020
Unopposed request for extension to file reply brief, October 23, 2020
Nevada reply brief, November 16, 2020
Fifth Circuit order carrying motions to dismiss appeal with the case, January 19, 2021
03/22/2021 CASE CALENDARED for oral argument on Monday, 04/26/2021 in New Orleans in the East Courtroom — AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [19-10754] (KMP) [Entered: 03/22/2021 03:54 PM]
Order denying motions, December 17, 2021
Opinion, December 17, 2021
Judgment, December 17, 2021
Petition for panel rehearing, December 31, 2021
Petition for rehearing en banc, December 31, 2021
Order requesting response by 1/24, January 6, 2022
Nevada response to petition, January 24, 2022
Order denying rehearing en banc, August 23, 2022
Dismissal order, August 31, 2022
———
Leal v. Azar, No. 2:20-cv-185 (N.D. Tex)
Opinion, December 23, 2020
Westlaw version: Leal v Azar-1
Leal 54(b) motion, February 6, 2021
Leal US 54(b) opposition, March 1, 2021
Leal 54(b) reply, March 15, 2021
Leal stip to dismiss Appointments Clause claim, March 25, 2021
Leal proposed final judgment, March 25, 2021
Leal dismissal order, March 26, 2021
Leal notice of appeal, March 26, 2021
Appellants’ brief, June 21, 2021
Unopposed US request for extension, July 6, 2021
Extension order, July 7, 2021
Texas letter requesting dismissal of claims against it, August 19, 2021
US appellee brief, August 20, 2021
Reply brief, September 21, 2021
12/07/2021 ORAL ARGUMENT HEARD before Judges Jolly, Higginson, Engelhardt. Arguing Person Information Updated for: Alisa Beth Klein arguing for Appellees Secretary Becerra, U.S. Department of Health and Human Services, Et Al; Arguing Person Information Updated for: Jonathan F. Mitchell arguing for Appellants Victor Leal, Et Al. [21-10302] (PFT) [Entered: 12/07/2021 01:28 PM]
Plaintiffs’ notice of additional authority (DeOtte), December 22, 2021
Leal unpublished opinion, July 27, 2022
Procedural order, September 21, 2022
Joint stipulation to dismiss, October 7, 2022
Order re dismissal, October 11, 2022
[Leal v. Azar, No. 2:20-cv-124 (N.D. Tex.)
Dismissal order, Sept. 24, 2020
Fifth Circuit dismissal of No. 20-11083, June 3, 2021
Petition for panel rehearing, June 17 [?], 2021
Motion for reconsideration, June 19, 2021
Defendants’ response to motion for reconsideration, July 1, 2021
Order denying motion for reconsideration, July 12, 2021
————–
Kelley v. Azar, No. 4:20-cv-283 (N.D. Tex.)
Complaint, March 29, 2020
First amended complaint, July 20, 2020
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
Order for status report by 3/22, February 25, 2021
Answer to first amended complaint, March 11, 2021
Joint status report, March 22, 2021
Scheduling order, March 23, 2021
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
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
Consent motion to amend briefing schedule, January 7, 2022
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
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
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 supplemental authority (Leal), August 3, 2022
US correction, August 5, 2022
Unopposed motion to reorganize caption, August 10, 2022
Order on caption, August 11, 2022
Braidwood notice of additional authority (DeOtte), August 23, 2022
Opinion, September 7, 2022
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
Defendants’ supplemental brief, and appendix, November 23, 2022
American Cancer Society amicus, November 30, 2022
American Medical Association amicus, November 30, 2022
Braidwood supplemental reply brief, January 6, 2023
US supplemental reply, January 27, 2023
++
Purchaser standing cases (from plaintiffs’ supplemental brief):
Center for Auto Safety v. National Highway Traffic Safety
Administration, 793 F.2d 1322, 133234 (D.C. Cir. 1986),
and Orangeburg, South
Carolina v. FERC, 862 F.3d 1071, 1078 (D.C. Cir. 2017));
see also Weissman v. Nat’l
R.R. Passenger Corp., 21 F.4th 854, 85758 (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 injuryinfact ‘even if they could ame-
liorate the injury by purchasing some alternative product.’”);
Competitive Enterprise
Institute v. National Highway Traffic Safety Administration, 901 F.2d 107, 11213
(D.C. Cir. 1990) (conferring standing on a consumer group to challenge fuelecon-
omy standards that reduced the number and variety of larger vehicles available for
sale);
Community Nutrition Institute v. Block, 698 F.2d 1239, 124647 (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
_____
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)

2017-21852

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)

Challenges to the contraception rules: first, Little Sisters at the Supreme Court; then California, Indiana, Massachusetts, Pennsylvania district court and Third Circuit proceedings, and Texas cases

Further below: a case on nationwide relief in an APA suit.

LITTLE SISTERS OPINION

19-431_5i36

SUPREME COURT BRIEFING AND ARGUMENT

PETITIONERS’ BRIEFING

Little Sisters opening brief, March 2, 2020

20200302180759684_19-431ts

US opening brief, March 2, 2020

20200304125150022_19-454tsUnitedStates

RESPONDENTS’ BRIEFING

Pennsylvania brief, April 1, 2020

20200401171502511_Respondents Brief

PRO-PETITIONERS AMICUS BRIEFING

American Center for Law and Justice amicus, March 9, 2020

20200309110452036_19-431 19-454 TSAC ACLJ

Bagley/Bray amicus, March 9, 2020

20200309165323886_19-454 tsac BagleyBray

Catholic Association Foundation amicus, March 9, 2020

20200309092512829_19-431 19-454 tsac The Catholic Association Foundation et al.

Catholic Benefits Ass’n amicus, March 9, 2020

20200306144703446_19-431 Amicus Brief of The Catholic Benefits Assn Supporting Petitioner

Cato amicus, March 9, 2020

20200305130852829_Little Sisters merits

Center for Constitutional Jurisprudence amicus, March 9, 2020

20200309125710656_19-431 tsac Center for Constitutional Jurisprudence

Christian Business Owners amicus, March 9, 2020

20200309151254703_19-431 tsac Christian Business Owners Supporting Religious Freedom

Christian Legal Society amicus, March 9, 2020

20200309203737214_19-431 19-454 tsac Christian Legal Society et al

Constitutional Law Scholars amicus, March 9, 2020

20200309123648191_2020.03.09 — Little Sisters — Con Law Scholars amicus brief

First Liberty Institute amicus, March 9, 2020

20200309132515310_19-431 19-454 tsac First Liberty Institute

Foundation for Moral Law amicus, February 27, 2020

20200227121746744_Little Sisters v. Pennsylvania FML Merits Brief

Independent Women’s Law Center amicus, March 9, 2020

20200309101217748_19-431 Amicus Brief of Independent Womens Law Center

Inner Life Fund amicus, March 9, 2020

20200302130139616_19-431 19-454 Amicus BOM ILF et al–PDFA

Laycock amicus, March 9, 2020

20200309144644738_Laycock Amicus Brief

March for Life amicus, March 9, 2020

20200309112941696_19-431 Amicus Brief of March for Life Education and Defense Fund

New Civil Liberties Alliance, March 9, 2020

20200309122650537_Little Sisters v Pennsylvanina- NCLA Amicus

161 Members of Congress amicus, March 9, 2020

20200309164825846_Little Sisters Merits Amicus Brief TO FILE

Paulsen/Walsh amicus, March 9, 2020

20200309134838793_FINAL Paulsen Amicus 3.9.2020

Residents at Little Sisters Homes amicus, March 9, 2020

20200302160102776_Nos. 19-431 19-454 Amicus Brief

Texas Alabama Alaska et al amicus, March 9, 2020

20200309124348472_19-431-454_Amici Brief

US Conference of Catholic Bishops amicus, March 9, 2020

20200304161832063_19-431 and 19-454_Amici Brief

Women Scholars’ amicus, March 9, 2020

20200309122537693_19-431 19-454 tsac Women Scholars

PRO-RESPONDENTS’ AMICUS BRIEFING

Administrative Law Scholars amicus, April 8, 2020

20200408172817325_19-431_Amicus Brief_Administrative Law Scholars

American Academy of Pediatrics amicus, April 8, 2020

20200408140451234_19-431 19-454 bsac Am. Acad. of Pediatrics

American Ass’n of University Women amicus, April 8, 2020

20200408151846889_American Assoc. of University Women et al. Amicus Brief ISO Respondents

ACLU amicus, April 8, 2020

20200408134259290_19-431 Little Sisters v Commonwealth of PA Brief Amici Curiae ACLU et al

American College of OB GYN amicus, April 8, 2020

20200408152340136_19-431 and 19-454 Amici Curiae-1

Borzi Maguire amicus, April 8, 2020

20200408142349143_19-431 and 19-454 Brief

Catholics for Choice amicus, April 8, 2020

20200408142058846_19-431 19-454_Amici Brief-1

Center for Health Law and Policy Innovation amicus, April 7, 2020

20200407174940988_39615 pdf Costello

Child USA amicus, April 3, 2020

20200403145452242_39552 pdf Griffin

Church-State Scholars amicus, April 8, 2020

20200408160105391_19-431 19-454 bsac Church-State Scholars

Guttmacher Institute amicus, April 8, 2020

20200408140518906_Guttmacher Institute Amicus Brief

Howard University School of Law amicus, April 8, 2020

20200408162159660_19 431 Amicus Brief of Howard University School of Law Civil and Human Rights Clinic

Lambda Legal amicus, April 8, 2020

20200408154244826_Nos. 19-431 and 19-454 Lambda Legal and HRC Amicus Brief ISO Respondents

Lederman amicus, April 8, 2020

20200408161828644_19-431.19-454.ProfessorMartinSLederman

Legal Scholars amicus, April 8, 2020

20200408135551561_19-431.19-454.bsac

Massachusetts and others amicus, April 8, 2020

20200408123724749_19-431 19-454 bsac of MA CA et al. in support of PA NJ

Military Historians amicus, April 8, 2020

20200408093626122_Military Historians Amicus Brief Final

National Women’s Law Center amicus, April 8, 2020

20200408113011538_19-431 19-454 Amici Brief The National Womens Law Center

Oakland CA et al amicus, April 8, 2020

20200408134222240_19-431 19-454 bsac Cities Contraceptive Mandate Brief

186 Members of Congress amicus, April 8, 2020

20200408130300375_19-431 Amicus Brief of 186 Members of Congress

Planned Parenthood Federation amicus, April 8, 2020

20200408121244563_Amicus Brief of Planned Parenthood Federation of America et al.

Professors of Civil Procedure amicus, April 10, 2020

20200410115419336_19 454bsacProfessorsOfCivilProcedureEtAl

Professors of Criminal Law amicus, April 8, 2020

20200408123220159_Amicus Brief

Public Citizen amicus, April 8, 2020

20200408133737824_Final brief

Public Interest Law Center amicus, April 8, 2020

20200408144034521_19-454 bsac Public Interest Law Ctr

Religious and Civil-Rights Organizations amicus, April 8, 2020

20200408141821830_19-431 bsacReligiousAndCivil-RightsOrgs

Professor Mila Sohoni amicus, April 8, 2020

20200408142556753_Professor Mila Sohoni Amicus

U.S. Women’s Chamber of Commerce amicus, April 8, 2020

20200408160504251_Amicus Brief

Yale Law School Reproductive Justice Program amicus, April 8, 2020

20200408133952012_FILE COPY BRIEF Little Sisters Brief of Amicus Curiae Yale Law School Program

ORAL ARGUMENT

US motion for divided argument, April 8, 2020

20200408155519234_Little Sisters.Divided.Arg.Motion.04.08.20

Apr 15 2020 RESCHEDULED FOR ARGUMENT on Wednesday, May 6, 2020. VIDED.

Transcript, May 6, 2020

19-431_6537

THE PENNSYLVANIA V. TRUMP CASE, FROM THIRD CIRCUIT DECISION THROUGH THE ORDERS GRANTING CERT

Third Circuit opinion, July 12, 2019
Third Circuit judgment, July 12, 2019
Amendments to Third Circuit opinion, July 18, 2019
Little Sisters cert petition, dated October 1, 2019, filed October 2 (No. 19-431)
US cert petition, October 3, 2019 (No. 19-454)
Pennsylvania request for extension for response, October 22, 2019
Little Sisters partial opposition to extension, October 23, 2019
Oct 24 2019 Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019.
Residents amicus, October 28, 2019
Foundation for Moral Law amicus, October 31, 2019
First Liberty Institute amicus, November 1, 2019
92 members of Congress amicus, November 1, 2019
Cato amicus, November 1, 2019
States’ amicus, November 1, 2019
Catholic Bishops’ amicus, November 1, 2019
Christian Legal Society amicus, November 1, 2019
American Center for Law and Justice amicus, November 6, 2019
Response to Little Sisters petition, December 9, 2019
Response to US petition, December 9, 2019
Little Sisters cert reply, December 20, 2019
US cert reply, December 20, 2019
Dec 23 2019 DISTRIBUTED for Conference of 1/10/2020.
(ORDER LIST: 589 U.S.)
FRIDAY, JANUARY 17, 2020
19-431
19-454
) ) )
LITTLE SISTERS OF THE POOR V. PENNSYLVANIA, ET AL.TRUMP, PRESIDENT OF U.S., ET AL. V. PENNSYLVANIA, ET AL.
The petitions for writs of certiorari are granted.
The cases are consolidated, and a total of one hour is allotted for
oral argument.

==============

California

ACLU v. Wright, No. 3:17-cv-5772 (N.D. Cal.) [or: 4:17]
Complaint, October 6, 2017

Related to 5783 (below), November 6, 2017

California v. Wright, No. 3:17-cv-5783 (N.D. Cal.) [or: 4:17]
Complaint, October 6, 2017

Motion for preliminary injunction, November 9, 2017

Little Sisters motion to intervene, November 21, 2017

Govt op to PI, November 29, 2017

Pltfs op to LS interv, December 6, 2017

Little Sisters’ proposed PI op, December 6, 2017

Pltfs PI reply, December 6, 2017, with declaration and ? FOIA info ?

C CAvT States’ Reply ISO PI .Decl Sharita Gruberg FOIA

March for Life EDF motion to intervene, December 8, 2017

CAvT March Life interv mo file0.45637019704203

Little Sisters interv reply, December 11, 2017

Preliminary injunction order, December 21, 2017

Plaintiffs’ op to March for Life motion to intervene, December 22, 2017

Order allowing Little Sisters to intervene, December 29, 2017

March for Life request to expedite [?] its intervention motion, January 17, 2018

Order granting March for Life intervention, January 26, 2018

Little Sisters appeal from PI order, January 26, 2018 (9th Cir. 18-15144)

March for Life appeal from PI order, January 31, 2018 (9th Cir. 18-15166)

US appeal from PI order, February 16, 2018

US appeal, 18-15255

Consolidation order in Ninth Circuit, March 7, 2018

Trial court stipulation for stay, March 8, 2018

Stay order, March 8, 2018

US opening brief, April 9, 2018

Little Sisters opening brief, April 9, 2018

March for Life opening brief, April 9, 2018

First Liberty Institute amicus, April 16, 2018

Con law scholars amicus, April 16, 2018

Religious Sisters of Mercy amicus, April 16, 2018

Appellees’ brief, May 21, 2018

NWLC amicus, May 25, 2018

AAUW amicus, May 25, 2018

CRR amicus, May 29, 2018

HPO amicus, May 29, 2018

Mass amicus, May 29, 2018

Ad Law Profs amicus, May 29, 2018

17 Cities amicus, May 29, 2018

AUSCS amicus, May 29, 2018

ACLU amicus, May 29, 2018

PP amicus, May 29, 2018

USWCC amicus, May 29, 2018

US reply, June 11, 2018

Little Sisters reply, June 11, 2018

March for Life reply, June 11, 2018

US additional authority (nationwide injunctions), August 7, 2018

Calif additional authority (nationwide injunctions), August 16, 2018

Calif v Trump addl auth 8 16

Calif additional authority (progress of regs), October 24, 2018

9C CAvT pltf supp auth regs

Little Sisters additional authority (progress of regs), October 25, 2018

9C CAvT Little Sisters supp auth regs

Ninth Circuit supplemental briefing order, October 25, 2018

9C CAvT supp briefing order

March for Life oral argument statement correction, October 25, 2018

9C CAvT Baylor correction

Parties’ joint request for extension of time, November 8, 2018

9C CAvT joint new rules brief xt request

US supplemental brief, with attached rules, November 16, 2018

C 9C CAvT US supplemental brief

Plaintiff states’ supplemental brief, November 16, 2018

C 9C CAvT plaintiff states’ supplemental brief

Little Sisters’ supplemental brief, November 16, 2018

C 9c CAvT Little Sisters supplemental brief

March for Life supplemental brief, November 16, 2018

C 9C CAvT March for Life supplemental brief

Ninth Circuit opinion, December 13, 2018

18-15144

Scheduling order, December 17, 2018

file0.262677307278988

Amended complaint, December 18, 2018

CAvT amended complaint merged_65375_-1-1545330966

Motion for preliminary injunction and memo, December 19, 2018

CAvT second PI motion and memo file0.217657690207613

Declarations

Declaration Anderson

Anderson file0.317354164823097

Declaration Arensmeyer

Arensmeyer file0.761965478808758

Declaration Bates

Bates file0.886405747422156

Declaration Cantwell

Cantwell file0.116827545725879

Declaration Chance

Chance file0.251616968345967

Declaration Custer

Custer file0.628850483606708

Declaration Alexander-Scott

Alexander-Scott file0.231772186971408

Declaration Childs-Roshak

Childs-Roshak file0.332510439018858

Declaration Zerzan-Thul

Zerzan-Thul file0.689866293492866

Declaration Durso

Durso file0.728767691451264

Declaration Dutton

Dutton file0.108424532265541

Declaration Gallagher

Gallagher file0.555493757399869

Declaration Gobielle

Gobielle file0.733454325041873

Declaration Grossman

Grossman file0.625738063399819

Declaration Hollier

Hollier file0.443623553999839

Declaration Ikemoto

Ikemoto file0.758813533038971

Declaration Jones

Jones file0.705891527273831

Declaration Kish

Kish file0.838895997070846

Declaration Kost

Kost file0.546733064848137

Declaration Kreidler

Kreidler file0.301949331109551

Declaration Lytle-Barnaby

Lytle-Barnaby file0.136473150263679

Declaration Maisen

Maisen

Declaration Moracco

Moracco file0.292987955539626

Declaration Navarro

Navarro file0.569365062789199

Declaration Nelson

Nelson file0.260978787244436

Declaration Nguyen

Nguyen file0.0641885607420924

Declaration Peterson

Peterson file0.512021219861833

Declaration Pomales

Pomales file0.680357862302241

Declaration Rabinovitz

Rabinovitz file0.767930927491886

Declaration Rattay

Rattay file0.212032760764611

Declaration Russell

Russell file0.337950409661186

Declaration Skinner

Skinner file0.773976089471159

Declaration Tobias

Tobias file0.0123321521479163

Declaration Tosh

Tosh file0.709641547679109

Declaration Welch

Welch file0.863394938913313

Declaration Werberg

Werberg file0.427053718167496

Declaration Whorley

Whorley file0.356741684527275

Declaration Wilson

Wilson file0.704739153656316

US motion for stay, December 26, 2018

merged_70315_-1-1545849364

Little Sisters motion for extension of time to answer, December 26, 2018

merged_60046_-1-1545922112

12/27/2018 183 Order denying 180 Motion to Stay; granting 180 Motion for Extension of Time to Answer entered by Judge Haywood S Gilliam, Jr. Given the impending January 14, 2019 effective date of the challenged rules, a stay of these proceedings is not feasible. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/27/2018)

US opposition to preliminary injunction, January 3, 2019

file0.415313268817169

Little Sisters opposition to preliminary injunction, January 3, 2019

merged_65229_-1-1546571358

Corrected Little Sisters opposition, 1/10

merged_31249_-1-1547152804

March for Life opposition to preliminary injunction, January 3, 2019

file0.955797652053786

Supplemental administrative record, January 7, 2019

merged_31878_-1-1546966161

Oregon motion to intervene, with Rimberg declaration, January 7, 2019

file0.440989582372037

file0.926495747446221

US Women’s Chamber of Commerce amicus, lodged January 7, 2019

merged_93230_-1-1546966437

American Nurses Association amicus, lodged January 7, 2019

merged_98877_-1-1546966545

National Women’s Law Center amicus, lodged January 7, 2019

merged_98877_-1-1546966545

AAUW amicus, corrected version lodged January 8, 2019

file0.378882109225867

Massachusetts amicus, finally filed January 11, 2019

file0.744662574763549

Plaintiffs’ reply supporting preliminary injunction, January 8, 2018

file0.370586387618584

Preliminary injunction order, January 13, 2019

file0.0894215591635081

Little Sisters notice of appeal, January 13, 2019

file0.327719040719

Little Sisters appeal # 19-15072

Ninth Circuit 18-15255 US motion to extend deadline to file for rehearing, January 14, 2019

9c cavt us mo to extend rehearing filing deadline

Ninth Circuit 18-15255 plaintiff op to extending deadline, January 16, 2019

9c cavt pltf rhb stay op

Order extending deadline, January 17, 2019

9c cavt rhb stay

US non-response to Oregon motion to intervene, January 18, 2019

file0.928185825507295

March for Life opposition to Oregon motion to intervene, January 22, 2019

file0.965408786471141

US notice of appeal, January 23, 2019

[]

US motion to lift rehearing stay, January 24, 2019

9c cavt us lift rehearing stay mo

March for Life notice of appeal, January 28, 2019

[]

Oregon reply supporting intervention, January 28, 2019

file0.192222306543169

Ninth Circuit order resetting rehearing en banc deadline, January 28, 2019

9c cavt order resetting rheb deadline

District Court order allowing Oregon to intervene under FRCP 24(b), February 1, 2019

file0.89392730015437

Scope of briefing and record proposals — Little Sisters, February 12, 2019

file0.465980144255933

Scope of briefing and record proposals — US, February 12, 2019

file0.681915658797276

Scope of briefing and record proposals — March for Life, February 12, 2019

file0.529128914504451

Scope of briefing and record proposals — plaintiff States, February 12, 2019

file0.781054505418194

Oregon complaint in intervention and joinder in PI motion, February 21, 2019

file0.101616686946851

file0.568703341336128

US 9th Circuit opening brief, February 25, 2019

9C CAvT2 US appellant’s brief

March for Life 9th Circuit opening brief, February 25, 2019

9C CAvT March for Life opening brief

Little Sisters 9th Circuit opening brief, February 25, 2019

9C CAvT Little Sisters opening brief

States’ motion for extension of time to file answering brief, February 28, 2019

9C CAvT 2 states’ xt mo

Little Sisters’ opposition to States’ extension, March 1, 2019

9C CAvT 2 Little Sisters op to xt

Residents of Little Sisters amicus, March 4, 2019

9C CAvT 2 Residents amicus

Texas et al amicus, March 4, 2019

9C CAvT 2 Texas amicus

Con Law Scholars amicus, March 4, 2019

9C CAvT 2 Con Law Scholars amicus

First Liberty Institute amicus, March 4, 2019

9C CAvT 2 First Liberty amicus

Religious Sisters of Mercy amicus, March 4, 2019

9C CAvT 2 Religious Sisters of Mercy amicus

Little Sisters cert petition, March 13, 2019

20190313152230556_No.-__ Cert Petition only

Colorado, et al., motion to intervene/proposed complaint, March 15, 2019

merged_18333_-1-1552657125

Appellants’ motion to expedite appeal, March 18, 2019

CAvT 2 appellants’ motion to expedite appeal

03/22/2019 297 ORDER by Judge Haywood S. Gilliam, Jr. DENYING Plaintiff-Intervenor State of Oregon’s 288 request for joinder in the States’ preliminary injunction motion, because it was filed after the Court entered its order granting the preliminary injunction motion. If Oregon intends to seek preliminary relief, it must file a noticed motion that complies with the requirements of Civil Local Rule 7-2. In the alternative, if Defendants and Intervenors do not oppose the extension of the Court’s January 13, 2019 preliminary injunction order to the State of Oregon, without prejudice to any objections or appellate issues they may have regarding any aspect of that order, the parties should file a stipulation to that effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 3/22/2019) (Entered: 03/22/2019)

US op to Colorado intervention, March 28, 2019

file0.396134501361427

Little Sisters op to Colorado intervention, March 28, 2019

merged_55414_-1-1553867129

Colorado intervention reply, April 4, 2019

merged_15516_-1-1554471887

US waiver of right to respond to Little Sisters cert petition, April 8, 2019

20190408182301378_Waiver Letter 18-1192

States’ request for extension within which to respond to Little Sisters’ cert petition, April 8, 2019

20190408140007532_18-1192 Request for Extension of Time final

States’ appellees’ brief, April 15, 2019

9C CAvT 2 appellees brief

ACLU amicus, April 19, 2019

9C ACLU amicus

Program for Study of Reproductive Justice amicus, April 19, 2019

9C Program for Reproductive Justice amicus

[Many amicus briefs]

Ninth Circuit order for briefing on Pennsylvania nationwide injunction, April 29, 2019

file0.644653776466054

Plaintiffs’ summary judgment motion, April 30, 2019

file0.286060976834175

Oregon motion for preliminary injunction, April 30, 2019

merged_49772_-1-1556717513

US appellants’ reply brief, May 6, 2019

9C CAvT 2 US reply brief

Little Sisters appellant’s reply brief, May 6, 2019

9C CAvT 2 Little Sisters reply

March for Life appellant’s reply brief, May 6, 2019

9C CAvT 2 March for Life reply

Planned Parenthood amicus, May 9, 2019

file0.981447454580245

[Other amicus briefs]

California cert opposition, May 13, 2019

20190513132049849_No. 18-1192 Opposition for printing

US PI opposition, May 14, 2019

file0.239785349733335

Little Sisters oppositions, May 14, 2019

merged_55592_-1-1557935489

US supplemental, May 20, 2019

9C CAvT 2 US suppl

March for Life supplemental, May 20, 2019

9C CAvT 2 March for Life suppl

Little Sisters supplemental, May 20, 2019

9C CAvT 2 Little Sisters suppl

Plaintiffs’ supplemental, May 20, 2019

9C CAvT 2 pltf suppl

Oregon PI reply, with declaration, May 21, 2019

merged_14304_-1-1558532189

9C plaintiffs’ additional authority (Mass. standing case), May 24, 2019

9C CAvAzar supp auth Mass

Little Sisters cert reply, May 29, 2019

20190529113953119_18-1192ReplyBriefOfPetitioners

US summary judgment opposition and motion to dismiss/motion for summary judgment, May 31, 2019

file0.0697828338399056

March for Life summary judgment opposition and motion to dismiss/motion for summary judgment, May 31, 2019

file0.649669815591675

Little Sisters summary judgment opposition/motion to dismiss, etc., May 31, 2019

file0.603122763374028

US apology for not attending hearing on intervention motion, June 7, 2019

file0.680645257272896

Little Sisters apology for not attending hearing on intervention motion, June 7, 2019

file0.862417842066986

March for Life apology for not attending hearing on intervention motion, June 7, 2019

file0.74863294958244

Ninth Circuit Little Sisters notice re DeOtte, June 10, 2019

9C Little Sisters letter re DeOtte

Trial level Little Sisters notice re DeOtte, June 10, 2019

file0.441928001624671

Supreme Court Little Sisters Supplemental Brief, June 10, 2019

20190610135129183_No. 18-1192 Supplemental Brief

US letter re Third Circuit questions, June 14, 2019

9C US letter re 3d Cir

States’ opposition/reply, July 1, 2019

file0.349006237733317

[Many declarations]

Order extending injunction to Oregon, July 2, 2019

file0.185628229557675

Plaintiffs’ additional authority (Third Circuit), July 16, 2019

Document 65

LS response to additional authority, July 24, 2019

9C LS addl authority response (PA)

US reply, August 1, 2019

file0.42589358127783

Little Sisters reply, August 1, 2019

file0.332027578531903

March for Life reply, August 1, 2019

file0.583825992458639

Plaintiffs’ sur-reply, August 15, 2019

file0.912214387712208

08/30/2019 396 ORDER by Hon. Haywood S. Gilliam, Jr. VACATING the hearing scheduled for September 5, 2019, at 2:00 p.m., and taking the pending motions [311,366,368,370] under submission. The Court notes that there is a nationwide injunction currently in place, issued by the Eastern District of Pennsylvania and affirmed by the Third Circuit. The Court DIRECTS the parties to notify it within 24 hours of any substantive development related to the injunction. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 8/30/2019) (Entered: 08/30/2019)

Ninth Circuit opinion, October 22, 2019

9C CAvT 2 opinion

Letter re extension for Little Sisters to petition for cert to 2/19/20, December 23, 2019

Supreme Court extension 12 23 19

Letter re extension for US to petition for cert to 2/19/20, January 8, 2020

19A757

“Notice of Development” (Penn. grant of cert), January 21, 2020

file0.487636200656322

01/22/2020 411 ORDER by Hon. Haywood S. Gilliam, Jr. STAYING this action and holding all pending motions in abeyance in light of the Supreme Court granting certiorari in Little Sisters of the Poor v. Pennsylvania, Case No. 19-431, and Trump v. Pennsylvania, Case No. 19-454. The Court further DIRECTS the parties to submit a joint status report within ten days of the Supreme Court’s opinions in these cases. The clerk is directed to administratively close the case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 1/22/2020) (Entered: 01/22/2020)

US petition for certiorari, February 19, 2020

20200219165340299_HHS v. California

March for Life petition for certiorari, February 19, 2020

20200219104841221_2020.02.19 USSC Petition for Writ of Certiorari

California combined opposition, March 20, 2020

20200320143426995_19-1038 19-1040 19-1053 Cert Opposition

March for Life waiver of right to respond to US petition

20200320170140575_SG Petition Waiver Signed

Notice re Supreme Court decision, July 8, 2020

file0.992892402961058-1

19-1038 19-1040 19-1053
) ) ) ) )
DEPT. OF H&HS, ET AL. V. CALIFORNIA, ET AL. MARCH FOR LIFE EDUCATION V. CALIFORNIA, ET AL. LITTLE SISTERS OF THE POOR V. CALIFORNIA, ET AL.
The petitions for writs of certiorari are granted.
The judgment is vacated, and the cases are remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, 591 U. S. ___ (2020).

07/09/2020 416 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to meet and confer and file a joint status report of no more than five pages indicating how they intend to proceed in this action, including any requested briefing schedule, following the Supreme Court’s opinion in Little Sisters of the Poor v. Pennsylvania, Case No. 19-431 (S. Ct. July 8, 2020), reversing the decision of the Third Circuit and remanding for further proceedings. The parties shall file their joint status report by July 17, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 7/9/2020) (Entered: 07/09/2020)

Joint status report, July 17, 2020

file0.244433618887467

Order for briefs re scope of remand, August 13, 2020

9C remand order

US supplemental brief, August 28, 2020

9C US supp br

California supplemental brief, August 28, 2020

9C Calif supp br

March for Life supplemental brief, August 28, 2020

9C March for Life supp br

Little Sisters supplemental brief, August 28, 2020

9C Little Sisters supp br

Ninth Circuit remand order, October 8, 2020

9C remand order 10 8 20

Joint status report with proposed briefing schedule, October 19, 2020

file0.73601842279653

Plaintiffs’ supplemental brief, November 4, 2020

file0.598603080065129

Plaintiffs’ withdrawal of some claims, November 4, 2020

file0.112813023422984

US supplemental brief, November 23, 2020

file0.877785799597529

Little Sisters supplemental brief, November 24, 2020

file0.795603959859488

March for Life supplemental brief, November 25, 2020

file0.187499295958457

Plaintiffs’ supplemental reply brief, December 4, 2020

file0.681860326361981

12/14/2020 442 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the clerk to re-open this case and lift the stay in light of the Supreme Court’s opinion in Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020), and Dkt. No. 429 the Ninth Circuit’s order remanding the case to apply the Supreme Court’s opinion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 12/14/2020) (Entered: 12/14/2020)
12/16/2020 445 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Motion Hearing held on 12/16/2020. Total Time in Court: 41 minutes. Court Reporter: Raynee Mercado. Plaintiff Attorney: Karli Eisenberg. Defendant Attorney: Ken Connelly; Jennifer Dickey; Mark Rienzi; and Diana Verm. Cross-motions for summary judgment are argued and submitted by the parties and taken under submission by the Court. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 12/16/2020) (Entered: 12/17/2020)

US notice of supplemental authority (Mass.), January 19, 2021

merged_58601_-1-1611197766

US motion to stay, March 1, 2021

merged_29239_-1-1614894951

03/02/2021 454 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr: Telephonic Further Case Management Conference held on 3/2/2021. Total Time in Court: 9 Minutes. Not Reported. Plaintiff Attorney: Katekee Kane and Kathleen Boergers. Defendant Attorney: Justin Sandberg; and Kenneth Connelly, Jr. Intervenor Attorney: Mark Rienzi. The Court finds good cause to hold in abeyance the motions under submission until April 30th. Parties are directed to file a status report by April 30th. The Court orders the motion to stay (docket 451 ) terminated as moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 3/2/2021) Modified on 3/4/2021 to add docket no. (ndrS, COURT STAFF). (Entered: 03/04/2021)

Joint status report, April 30, 2021

file0.325702043288526

Plaintiffs’ additional authority (Tandon v. Newsom), May 7, 2021

file0.650767644672793

Plaintiffs’ additional authority (Fulton v. Philadelphia), July 2, 2021

file0.2405829721048

US notice of intent to initiate rulemaking, August 17, 2021

merged_12853_-1-1629572621

08/17/2021 466 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held on 8/17/2021 via Zoom. Total Time in Court: 17 Minutes. Not Reported. Plaintiff Attorney: Ketakee Kane. Defendant Attorney: Justin Sandberg, Kenneth Connelly Jr., and Mark Rienzi. The Court continues the stay currently in force. Counsel are directed to e-file a joint status report every 6 months regarding the related appeals. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 8/17/2021) Modified on 8/20/2021 to add via zoom and remove additional case stayed. (ndrS, COURT STAFF). (Entered: 08/18/2021)

Joint status report, October 29, 2021

18619152-0–55090

[]

Joint status report, August 1, 2022

CA v Becerra joint status 8 1 22

Little Sisters motion to intervene, September 2, 2022

CA Little Sisters mo interv 9 2 22

California opposition to intervention, September 16, 2022

CA v T CA op LS interv 9 16 22

Reply supporting intervention, September 23, 2022

merged_71761_-1-1665156529

Status report, November 1, 2022

CA joint status 11 1 22

01/19/2023 486 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Total Time in Court: 8 minutes. Court Reporter: Lee-Ann Shortridge appearing via AT&T Conference Line. Plaintiff Attorney: Ketakee Kane. Defendant Attorney: Eric Rassbach and Adele Keim. Motion Hearing held on 1/19/2023. Motion to intervene (docket no. 480 ) is argued and submitted by the parties and GRANTED by the Court. The Court orders that within one week from today (January 26, 2023) the Little Sisters of the Poor in San Pedro file their withdrawal from the case. This matter is continued to February 7, 2023 at 2:00 p.m. for a Telephonic Further Case Management Conference.The February 7th proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.

For conference line information, see: https://apps.cand.uscourts.gov/telhrg/

All counsel, members of the public and press please use the following dial-in information below to access the conference line:

Dial In: 888-808-6929

Access Code: 6064255

The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.

PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.

(This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 1/19/2023) (Entered: 01/20/2023)

Status report, February 1, 2023

CA v T status report 2 1 23

02/07/2023 489 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Further Case Management Conference held on 2/8/2023. Total Time in Court: 13 Minutes. Not Reported. Plaintiff Attorney: Ketakee Kane. Defendant Attorney: Mark Rienzi and Kevin Theriot. The Court orders 1) that the case remains stayed and 2) a joint status report attaching any comments to the notice of proposed rulemaking submitted by Plaintiffs or Intervenors is due by May 1, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 2/7/2023) (Entered: 02/08/2023)

===

Not now filed in the case

Letter from California AG to Secretary Azar, September 18, 2019

09-18-19_us_dept_of_hhs_labor_treasury_17-522_-_final_-_california_v_azar

========

Indiana

Irish 4 Reproductive Health v. U.S. D.H.H.S., No. 3:18-cv-491 (N.D. Ind.)

Complaint, with appendix listing cases settled, June 26, 2018

Notre Dame Complaint

Note: the Notre Dame case was University of Notre Dame v. Hargan, No. 3:13-cv-1276 (N.D. Ind.)

[]

Order on motions to dismiss, January 16, 2020

4036409-0–28776

US motion for stay, February 5, 2020

merged_38761_-1-1580999946

Plaintiffs’ opposition to motion for stay, February 19, 2020

4065432-0–20789

US motion for extension of time to answer, February 24, 2020

merged_22129_-1-1582640301

US reply supporting stay, February 26, 2020

4071094-0–20221

Order allowing extension of time to answer, February 26, 2020

02/26/2020 91 ORDER granting 89 Defendants’ Unopposed Motion for Extension of Time. Defendants to answer or otherwise respond to the complaint by 4/27/2020. Pretrial conference to be reset by separate order. Approved by Magistrate Judge John E Martin on 2/26/2020. No pdf attached. (sa) (Entered: 02/26/2020)
03/04/2020 92 ORDER re 91 VACATING the Preliminary R16B Pretrial Conference on 4/2/2020 and the related deadline to file a proposed joint discovery plan. The pretrial conference will be reset where necessary following ruling on MOTION to Stay. Text entry order. By Magistrate Judge John E Martin on 3/4/2020. (smb) (Entered: 03/04/2020)

Stay order, April 15, 2020

4109295-0–15150

Joint status report, July 22, 2020

4186145-0–11643

07/28/2020 95 NOTICE of Hearing/Deadlines: Telephone Conference by AT&T Conferencing regarding 94 now set for 8/6/2020 10:00 AM (Central/Hammond time) in US District Court – Hammond before Judge Philip P Simon. The parties shall access AT&T Conferencing by dialing 888-363-4749 and entering the code of 9147763 when prompted. (nac) (Entered: 07/28/2020)

Notice of voluntary withdrawal of certain claims, July 31, 2020

4194421-0–18228

Scheduling order, August 6, 2020

4198954-0–17271

Second amended complaint, August 20, 2020

4071094-0–20221 merged_60447_-1-1597961311

Notre Dame motion to dismiss, September 21, 2020

merged_89948_-1-1600728638

U.S. motion to dismiss, September 21, 2020

merged_98000_-1-1600728715

Plaintiffs’ motion for Rule 16 conference, September 29, 2020

4244611-0–690

US opposition to motion for Rule 16 conference, October 9, 2020

4253338-0–16137

US motion for partial summary judgment/dismissal, October 9, 2020

merged_56452_-1-1602432057

Notre Dame opposition to motion for Rule 16 conference, October 13, 2020

4255496-0–1311-1

Plaintiffs’ reply supporting Rule 16 conference, October 14, 2020

4256826-0–14332

Order denying Rule 16 conference, October 15, 2020

4257756-0–15843

Opposition to US motion to dismiss, October 21, 2020

4262791-0–31009

Plaintiffs’ motion to hold US motion for partial summary judgment in abeyance, November 2, 2020

4272456-0–24502

US reply supporting motion to dismiss, November 5, 2020

4275184-0–8614

Notre Dame reply supporting motion to dismiss, November 5, 2020

4275278-0–8686

US response to abeyance motion, November 16, 2020

4282722-0–13699

Plaintiffs’ reply supporting abeyance, November 20, 2020

4287960-0–16391

Abeyance order, November 24, 2020

4290030-0–21692

US notice of addl authority (Mass.), January 19, 2020

merged_97094_-1-1611197557

Order largely granting motion to dismiss, August 12, 2021

4500293-0–15707

Joint motion for stay, August 24, 2021

Irish 4 joint mo stay 8 24

Stay order, August 25, 2021

Irish 4 stay order 8 25

Status report, November 17, 2021

Irish status report 11 17

Status report, February 15, 2022

Irish status report 2 15

Status report, May 16, 2022

4714793-0–117435

Status report, August 15, 2022

4778744-0–106746

Status report, February 13, 2023

Irish 4 status report 2 13 23

=========

Massachusetts

Com. of Mass. v. Wright, No. 1:17-cv-11930 (D. Mass.)
Complaint, October 6, 2017

Amended complaint, November 16, 2017

Memo for summary judgment, November 17, 2017

US SJ xmo, op, motion to dismiss, December 8, 2017

Commonwealth combined SJ reply XSJ op dismissal op, January 19, 2018

Order denying intervention, January 29, 2018

US reply, February 8, 2018

Summary judgment order on standing, March 12, 2018

Judgment, April 4, 2018

Notice of appeal, May 29, 2018

First Circuit # 18-1514

Opening brief, September 17, 2018

Health professional organizations amicus, September 21, 2018

Center for Reproductive Rights amicus, September 21, 2018

Guttmacher amicus, September 24, 2018

ACLU amicus, September 24, 2018

Public Health Scholars amicus, September 24, 2018

AAUW amicus, September 24, 2018

Santa Clara County amicus, September 24, 2018

NWLC amicus, September 24, 2018

Pennsylvania and other states amicus, September 24, 2018

1C PA amicus

Planned Parenthood amicus, September 24, 2018

1C Planned Parenthood amicus

Ernest A. Young amicus, October 16, 2018

1C MA v. T amicus Ernest A. Young

Unopposed US request for postponement, stay, November 8, 2018

1C MA v. T US letter re staying briefing

1C MA v. T US motion staying briefing

Order staying briefing, November 14, 2018

1C MA v. T order staying briefing

Defendants’ proposal for litigating out the standing issue, November 20, 2018

Document 21

Commonwealth’s agreement to litigating out the standing issue, December 7, 2018

1C MA v. T com’s response what next

US reply on further proceedings, December 11, 2018

1C MA v. T federal reply on further proceedings

Order for continued briefing, December 21, 2018

1C order for continued briefing

Motion for extension of time, December 26, 2018

1C MA v. T US motion stay govt shut

Commonwealth opposition to motion for extension of time, January 3, 2018

1c ma v. t comm stay response

Order staying briefing, January 8, 2019

1c ma v. t order staying shutdown

US letter re shutdown, January 24, 2019

1c ma v. t us letter re shutdown

US notice of restored funding, January 28, 2019

1c mavt notice of restoration of funding

Order resetting briefing schedule, January 29, 2019

1c ma v. t order resetting

US appellee brief, February 4, 2019

1C US appellee brief

Commonwealth reply brief, February 25, 2019

1C MA v. T Comm reply brief

Opinion, May 2, 2019

1C MA v. T opinion

Amended complaint, July 8, 2019

MAvT amended complaint

Proposed scheduling order, July 18, 2019

show_multidocs.pl 11

Motion for summary judgment, memo, declarations, July 31, 2019

MAvT motion SJ

MAvT memo SJ

ACLU amicus, August 15, 2019

ACLU amicus

US motion/memo to dismiss, or for summary judgment, August 30, 2019

MAvT US motion to dismiss 8 30 19

MAvT US memo motion to dismiss or sj 8 30 19

Commonwealth’s dismissal opposition and summary judgment reply, September 26, 2019

MassvT pltf SJ op reply

US reply, October 21, 2019

US sj dism reply

Plaintiff’s supplemental authority (Calif.), October 25, 2019

MAvT 2 pltf notice addl auth 9C

US consent motion for stay, February 5, 2020

US consent motion for stay

Motion for stay “allowed,” February 7, 2020

Motion for stay allowed

Order lifting stay and adopting parties’ proposed briefing schedule, September 10, 2020

Mass v USDHHS order lifting stay briefing sched

Commonwealth’s supplemental brief, September 29, 2020

Mass v. USDHHS pltf sup br

US’s supplemental brief, November 6, 2020

Mass v. USDHHS US supp br

Opinion, January 15, 2021

Opinion 1 15 21

Judgment, January 19, 2021

Judgment 1 19 21

Notice of appeal, January 27, 2021

MassvT 2d appeal notice

First Circuit # 21-1076

US consent motion to hold appeal in abeyance, March 5, 2021

1C MAvT consent motion hold abeyance

First Circuit abeyance order, March 12, 2021

1C stay order 3 12 21

[]

Stay order, December 16, 2022

1C MA stay order 12 16 22

==============

Pennsylvania

Com. of Pennsylvania v. Trump, No. 2:17-cv-4540 (E.D. Pa.)

Complaint, October 11, 2017

PI memo, November 2, 2017

PI op, November 16, 2017

US motion to dismiss, November 16, 2017

Little Sisters interv memo, November 22, 2017

PI reply, November 27, 2017

ACLJ amicus, November 28, 2017

Calif Women Lawyers amicus, November 28, 2017

Massachusetts et al amicus, November 28, 2017

PA opposition to motion to dismiss, November 30, 2017

US dismissal reply, December 7, 2017

LS intervention reply, December 7, 2017

Order denying Little Sisters intervention, December 7, 2017

Little Sisters appeal # 17-3679
Govt motion in limine re administrative record, December 11, 2017

Plaintiff’s op to motion in limine, December 13, 2017

Govt reply re motion in limine, December 13, 2017

Order denying motion in limine, December 13, 2017

Opinion granting PI, December 15, 2017

PI order, December 15, 2017

Little Sisters protective notice of appeal, December 15, 2017

Little Sisters appeal # 17-3752

US appeal February 6, 2018, #18-1253

US motion for stay in trial court, February 8, 2018

Order granting stay in trial court, February 9, 2018

US appeal 18-1253

Third Circuit proceedings from April 2018 on:

Third Circuit opinion in 17-3679 on intervention, April 24, 2018

Third Circuit reversal order, April 24, 2018

Third Circuit scheduling order, June 20, 2018
US Third Circuit opening brief, September 21, 2018
Little Sisters Third Circuit opening brief, September 21, 2018
Consent motion to stay briefing schedule, November 19, 2018
Third Circuit stay order to 11/28/2018, November 20, 2018
PA motion, November 28, 2018
US motion, November 28, 2018
Little Sisters motion, November 28, 2018
Little Sisters response, December 4, 2018
US response, December 6, 2018
PA response, December 10, 2018
PA reply, December 13, 2018
Little Sisters reply, December 17, 2018
Third Circuit order, January 9, 2019
District court proceedings from April 2018 on:

District court order vacating Little Sisters order, May 10, 2018

McElvain withdrawal, July 2, 2018

15585495-0–394

District court PA motion to lift stay, November 26, 2018

merged_61760_-1-1543416516

Federal non op to lifting stay and status conference 12/13, December 7, 2018

15894959-0–28691

Little Sisters op to lifting stay, December 10, 2018
Opinion and order lifting stay, December 14, 2018
12/14/2018 MOTION HEARING SET FOR 1/10/2019 09:00 AM IN COURTROOM BEFORE HONORABLE WENDY BEETLESTONE. (mbh, ) (Entered: 12/18/2018)
Commonwealth’s second motion for preliminary injunction, December 18, 2018
Index of exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Exhibit N
Exhibit O
Exhibit P
Exhibit Q
Exhibit R
Exhibit S
Exhibit T
Exhibit U
Exhibit V
Exhibit W
Exhibit X
US motion for stay, December 26, 2018
Little Sisters motion for extension of time to answer, December 26, 2018
Commonwealth’s opposition to stay, December 27, 2018
US reply supporting stay, December 28, 2018
US opposition to preliminary injunction, January 3, 2019
[Motion to allow excess pages
[Proposed US opposition with excess pages
Little Sisters opposition to preliminary injunction, January 3, 2019
Errata re statement of issues, January 10, 2019
US motion to supplement record, with record additions, January 7, 2019
American Nurses Association amicus, lodged January 7, 2019
U.S. Women’s Chamber of Commerce amicus, lodged January 7, 2019
National Women’s Law Center amicus, lodged January 7, 2019
American Ass’n of University Women amicus, lodged January 7, 2019
Pennsylvania/New Jersey reply, January 7/8, 2019
Pennsylvania notice of California decision, January 14, 2019
Preliminary injunction opinion, January 14, 2019
Injunction
Little Sisters notice of appeal, January 14, 2019
# 19-1129
US appeal, January 23, 2019
Third Circuit order directing briefing schedule, January 24, 2019
Proposed briefing schedule, January 28, 2019
Order on briefing limits, February 1, 2019
02/01/2019 TEXT ONLY ORDER (Clerk) Action on the requests for leave to file overlength briefs and for expedited disposition is hereby deferred. Within seven (7) days of the date of this order, the parties must file a supplemental motion providing the justification required under the Court’s January 9, 2012 Standing Order regarding motions to exceed the word limitations of the Federal Rules of Appellate Procedure. The parties must also clarify if the 16,000 word Appellants’ briefs will be in addition to the briefs filed on September 21, 2018, or in place of those briefs. The parties should not file any briefs until the Court has ruled on the pending requests. It is noted that the record does not have to be filed by the District Court as it is available electronically. [17-3752, 18-1253, 19-1129, 19-1189] (HAG) [Entered: 02/01/2019 10:51 AM]
US District Court motion to stay trial court proceedings, February 14, 2019
US appellant’s brief, February 15, 2019
Little Sisters appellant’s brief, February 15, 2019
Texas amicus, February 22, 2019
Religious Sisters of Mercy amicus, February 22, 2019
Scholars’ amicus, February 22, 2019
Pennsylvania opposition to staying trial court proceedings, February 28, 2019
Order denying stay in trial court proceedings, March 6, 2019
Pennsylvania response brief, March 18, 2019
Center for Reproductive Rights amicus, March 22, 2019
ACLU amicus, March 25, 2019
National Women’s Law Center amicus, March 25, 2019
Massachusetts et al amicus, March 25, 2019
American Nurses Ass’n amicus, March 25, 2019
Public Interest Law Center amicus, March 25, 2019
US Women’s Chamber of Commerce amicus, March 25, 2019
Religious and civil rights organizations amicus, March 25, 2019
American Ass’n of University Women, March 25, 2019
Planned Parenthood Federation amicus, March 25, 2019
Church-state scholars amicus, March 25, 2019
US motion to dismiss (trial level), March 28, 2019
Little Sisters motion to dismiss (trial level), March 29, 2019
Scheduling order, April 5, 2019
US reply brief, April 8, 2019
Little Sisters reply brief, April 8, 2019
Pennsylvania opposition to trial-level motions to dismiss, April 12, 2019
Little Sisters reply supporting motion to dismiss, April 18, 2019
US reply supporting motion to dismiss, April 19, 2019
PA notice of additional authority (Mass v. Trump), May 3, 2019
Plaintiffs’ motion for summary judgment, with memo and supporting documents, May 15, 2019
Notice of addl authority (Mass v Trump), May 16, 2019
Clerk’s order to parties to provide oral argument transcript, May 21, 2019
Transcript of Third Circuit oral argument, held May 21, 2019, provided June 4, 2019
Center for Reproductive Justice amicus, June 7, 2019
American Academy of Nursing amicus, June 7, 2019
California Women Lawyers amicus, June 7, 2019
Center for Reproductive Rights amicus, June 7, 2019
U.S. Women’s Chamber of Commerce amicus, June 7, 2019
Americans United for Separation of Church and State amicus, June 7, 2019
Planned Parenthood Federation of America amicus, June 7, 2019
Church-state Scholars amicus, June 7, 2019
Little Sisters letter re DeOtte, June 10, 2019
States’ response to nationwide question raised at oral argument, June 11, 2019
US motion for summary judgment/summary judgment opposition, with memo, statement re facts, proposed order, June 14, 2019
Little Sisters motion for summary judgment/summary judgment opposition, with memo, statement re facts, proposed order, June 14, 2019
US 28(j) response, June 14, 2019
States’ 28(j) letter re Little Sisters, DeOtte, June 17, 2019
Further Little Sisters 28(j), June 18, 2019
Church-state scholars’ memo in response, June 25, 2019
Further Little Sisters 28(j), June 24, 2019
Further Little Sisters 28(j), June 27, 2019
States’ response/reply, June 28, 2019
Little Sisters’ reply, July 12, 2019
US reply, July 12, 2019
Third Circuit opinion, July 12, 2019
Third Circuit judgment, July 12, 2019
Amendments to Third Circuit opinion, July 18, 2019
07/19/2019 228 NOTICE OF STATUS CONFERENCE CALL (FOLLOWING A THIRD CIRCUIT DECISION) – TUESDAY, JULY 23, 2019 AT 3:30 P.M. COUNSEL FOR PLAINTIFF SHALL INITIATE THE CALL AND ONCE ALL PARTIES ARE ON THE LINE CALL IN TO CHAMBERS AT 267-299-7450 TO CONNECT THE JUDGE. THANK YOU. (amw, ) (Entered: 07/19/2019)
US post-status-conference letter, July 25, 2019
Plaintiffs’ post-status-conference letter, July 25, 2019
Stay/abeyance order, July 31, 2019
Third Circuit affirmance, September 3, 2019
Little Sisters cert petition, dated October 1, 2019, filed October 2 (No. 19-431)
US cert petition, October 3, 2019 (No. 19-454)
Pennsylvania request for extension for response, October 22, 2019
Little Sisters partial opposition to extension, October 23, 2019
Oct 24 2019 Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019.
Joint status report, October 25, 2019
Residents amicus, October 28, 2019
Foundation for Moral Law amicus, October 31, 2019
First Liberty Institute amicus, November 1, 2019
92 members of Congress amicus, November 1, 2019
Cato amicus, November 1, 2019
States’ amicus, November 1, 2019
Catholic Bishops’ amicus, November 1, 2019
Christian Legal Society amicus, November 1, 2019
American Center for Law and Justice amicus, November 6, 2019
Response to Little Sisters petition, December 9, 2019
Response to US petition, December 9, 2019
Little Sisters cert reply, December 20, 2019
US cert reply, December 20, 2019
Dec 23 2019 DISTRIBUTED for Conference of 1/10/2020.
(ORDER LIST: 589 U.S.)
FRIDAY, JANUARY 17, 2020
19-431
19-454
) ) )
LITTLE SISTERS OF THE POOR V. PENNSYLVANIA, ET AL.TRUMP, PRESIDENT OF U.S., ET AL. V. PENNSYLVANIA, ET AL.
The petitions for writs of certiorari are granted.
The cases are consolidated, and a total of one hour is allotted for
oral argument.
Status report at trial level, January 23, 2020
Third Circuit remand order, August 20, 2020
Joint status report, August 27, 2020
Scheduling order, September 23, 2020
Plaintiffs’ summary judgment brief, September 29, 2020
Little Sisters summary judgment and opposition brief, October 23, 2020
US summary judgment and opposition brief, October 23, 2020
Plaintiffs’ reply and opposition, November 13, 2020
US reply, November 24, 2020
Little Sisters reply, November 24, 2020
US notice of supplemental authority (North Dakota), January 19, 2021
02/19/2021 267 NOTICE OF STATUS CONFERENCE VIA ZOOM VIDEO SET FOR MONDAY, MARCH 15, 2021 AT 12:30 P.M. COUNSEL SHALL CONFER AS TO WHO WILL SCHEDULE AND CIRCULATE ZOOM DIAL IN INFORMATION TO CHAMBERS AT chambers_of_judge_beetlestone@paed.uscourts.gov (amw, ) (Entered: 02/19/2021)
03/01/2021 268 NOTICE OF STATUS CONFERENCE VIA ZOOM VIDEO RESET FOR THURSDAY, MARCH 11, 2021 AT 11:00 A.M. COUNSEL SHALL CONFER AS TO WHO WILL SCHEDULE AND CIRCULATE ZOOM DIAL IN INFORMATION TO CHAMBERS AT chambers_of_judge_beetlestone@paed.uscourts.gov (amw, ) (Entered: 03/01/2021)
US motion to stay, March 5, 2021
Stay order, March 8, 2021
Plaintiffs’ notice of additional authority (Tandon v. Newsom), April 23, 2021
US status report, April 30, 2021
US motion for stay, April 30, 2021
Plaintiffs’ notice of additional authority (Fulton), July 6, 2021
US motion for stay, July 30, 2021
Stay order, August 3, 2021
Joint status report, October 29, 2021
[]
Joint status report, July 26, 2022
Status report, October 24, 2022
Status report, January 23, 2023
==========
Texas
DeOtte v. Azar, No. 4:18-cv-825 (N.D. Tex.); Leal v. Azar, No. 2:20-cv-185 (N.D. Tex.); Kelley v. Azar, No. 4:20-cv-283 (N.D. Tex.); Dierlam v. Obama, No. 4:16-cv-307 (S.D. Tex.)
———-
DeOtte v. Azar, No. 4:18-cv-825 (N.D. Tex.)
Complaint, October 6, 2018
Exhibits
Defendants’ motion for extension to answer, December 13, 2018
Unopposed motion to lift stay, February 5, 2019
Amended complaint, February 5, 2019
Exhibits
Motion for class certification, February 5, 2019
Motion/memo for preliminary injunction, February 5, 2019
Appendix
Order re class issues, February 7, 2019
Joint status report, February 14, 2019
Joint status report and proposed briefing schedule, February 20, 2019
Unopposed motion for TRO, February 20, 2019
Braidwood TRO, February 20, 2019
US response to class cert, March 8, 2019
Class cert reply, March 15, 2019
Class cert reply appendix, March 16, 2019
Order certifying class, March 30, 2019
Motion for summary judgment and permanent injunction, April 1, 2019
Joint status report, April 5, 2019
Unopposed motion to correct class order, April 9, 2019
Order correcting class order, April 11, 2019
US response to summary judgment, April 15, 2019
Summary judgment reply, April 19, 2019
Order setting SJ hearing and issues, May 9, 2019
Request to continue hearing, May 13, 2019
Order continuing hearing to 5/29, May 15, 2019
Planned Parenthood amicus motion and proposed brief, May 24, 2019
Nevada motion to intervene, with supporting documents, May 24, 2019
Massachusetts amicus motion and proposed brief, May 24, 2019
National Women’s Law Center amicus motion and proposed brief, May 24, 2019
American Ass’n of University Women amicus motion and proposed brief, May 24, 2019
DeOtte summary judgment order, June 5, 2019
Plaintiffs’ opposition to Nevada intervention, June 14, 2019
Plaintiffs’ opposition to amicus participation, June 14, 2019
Motion for entry of judgment on separate document, with proposed judgment, June 18, 2019
Nevada reply supporting intervention, June 28, 2019
Nevada protective notice of interlocutory appeal, July 3, 2019
Massachusetts opposition to summary judgment and support for Nevada, July 9, 2019
Asian Pacific Women support for Nevada and opposition to summary judgment, July 9, 2019
American Ass’n of University Women support for Nevada and opposition to summary judgment, July 9, 2019
Fifth Circuit #: 19-10754
Order denying motion to intervene, July 29, 2019
Final judgment, July 29, 2019
Fifth Circuit briefing schedule notice, August 15, 2019
Nevada amended notice of appeal, August 27, 2019
Fifth Circuit notice saying amended notice of appeal misrouted, August 29, 2019
Plaintiff motion to dismiss merits part of Nevada appeal, September 6, 2019
Unopposed plaintiff motion to suspend briefing on merits appeal, September 6, 2019
Order suspending briefing on merits appeal, September 9, 2019
Nevada unopposed motion to extend deadline for response, September 13, 2019
Plaintiffs’ unopposed motion to amend caption, September 23, 2019
US notice of appeal, September 27, 2019
Unopposed motion for extension of time to request attorney’s fees, September 28, 2019
Nevada opposition to motion to dismiss, September 30, 2019
US motion to hold own appeal in abeyance, October 1, 2019
Fifth Circuit order staying merits proceedings, October 2, 2019
Plaintiffs’ reply supporting dismissal, October 4, 2019
Order carrying motion to dismiss with case, October 10, 2019
Briefing notice, opening brief due November 19, October 10, 2019
Plaintiffs’ and US motion to stay appeal, October 11, 2019
Order re Town of Chester, October 15, 2019
Nevada opposition to motion to stay appeal, October 16, 2019
Plaintiffs’ reply supporting stay, October 18, 2019
Order denying stay, October 22, 2019
US motion to dismiss own appeal, December 6, 2019
Order dismissing US appeal, December 10, 2019
Nevada opening brief, December 19, 2019
Massachusetts et al amicus, December 20, 2019
National Women’s Law Center amicus, December 20, 2019
Information Society Project amicus, December 24, 2019
Notice re attorney’s fees settlement, December 24, 2019
Planned Parenthood amicus, December 26, 2019
American College of OB GYN amicus, December 26, 2019
15 Local Governments amicus, December 26, 2019
AFCSME amicus, December 26, 2019
Americans United for Separation of Church and State amicus, December 26, 2019
DeOtte motion to stay, January 17, 2020
DeOtte unopposed motion to extend briefing deadline, January 17, 2020
Fifth Circuit request for response by 1/27, January 21, 2020
Nevada nonopposition to stay, January 27, 2020
Reply supporting stay, January 27, 2020
Order for stay, January 29, 2020
Appellees’ renewed motion to dismiss part of appeal, July 22, 2020
Nevada opposition to motion to dismiss, August 3, 2020
Appellees’ reply supporting dismissal, August 6, 2020
Carrying-with-the-case order, August 14, 2020
Briefing resumption order, August 14, 2020
DeOtte brief, October 12, 2020
Unopposed request for extension to file reply brief, October 23, 2020
Nevada reply brief, November 16, 2020
Fifth Circuit order carrying motions to dismiss appeal with the case, January 19, 2021
03/22/2021 CASE CALENDARED for oral argument on Monday, 04/26/2021 in New Orleans in the East Courtroom — AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [19-10754] (KMP) [Entered: 03/22/2021 03:54 PM]
Order denying motions, December 17, 2021
Opinion, December 17, 2021
Judgment, December 17, 2021
Petition for panel rehearing, December 31, 2021
Petition for rehearing en banc, December 31, 2021
Order requesting response by 1/24, January 6, 2022
Nevada response to petition, January 24, 2022
Order denying rehearing en banc, August 23, 2022
Dismissal order, August 31, 2022
———
Leal v. Azar, No. 2:20-cv-185 (N.D. Tex)
Opinion, December 23, 2020
Westlaw version: Leal v Azar-1
Leal 54(b) motion, February 6, 2021
Leal US 54(b) opposition, March 1, 2021
Leal 54(b) reply, March 15, 2021
Leal stip to dismiss Appointments Clause claim, March 25, 2021
Leal proposed final judgment, March 25, 2021
Leal dismissal order, March 26, 2021
Leal notice of appeal, March 26, 2021
Appellants’ brief, June 21, 2021
Unopposed US request for extension, July 6, 2021
Extension order, July 7, 2021
Texas letter requesting dismissal of claims against it, August 19, 2021
US appellee brief, August 20, 2021
Reply brief, September 21, 2021
12/07/2021 ORAL ARGUMENT HEARD before Judges Jolly, Higginson, Engelhardt. Arguing Person Information Updated for: Alisa Beth Klein arguing for Appellees Secretary Becerra, U.S. Department of Health and Human Services, Et Al; Arguing Person Information Updated for: Jonathan F. Mitchell arguing for Appellants Victor Leal, Et Al. [21-10302] (PFT) [Entered: 12/07/2021 01:28 PM]
Plaintiffs’ notice of additional authority (DeOtte), December 22, 2021
Leal unpublished opinion, July 27, 2022
Procedural order, September 21, 2022
Joint stipulation to dismiss, October 7, 2022
Order re dismissal, October 11, 2022
[Leal v. Azar, No. 2:20-cv-124 (N.D. Tex.)
Dismissal order, Sept. 24, 2020
Fifth Circuit dismissal of No. 20-11083, June 3, 2021
Petition for panel rehearing, June 17 [?], 2021
Motion for reconsideration, June 19, 2021
Defendants’ response to motion for reconsideration, July 1, 2021
Order denying motion for reconsideration, July 12, 2021
————–
Kelley v. Azar, No. 4:20-cv-283 (N.D. Tex.)
Complaint, March 29, 2020
First amended complaint, July 20, 2020
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
Order for status report by 3/22, February 25, 2021
Answer to first amended complaint, March 11, 2021
Joint status report, March 22, 2021
Scheduling order, March 23, 2021
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
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
Consent motion to amend briefing schedule, January 7, 2022
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
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
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 supplemental authority (Leal), August 3, 2022
US correction, August 5, 2022
Unopposed motion to reorganize caption, August 10, 2022
Order on caption, August 11, 2022
Braidwood notice of additional authority (DeOtte), August 23, 2022
Opinion, September 7, 2022
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

5C DMP opinion

Franciscan Alliance, Inc. v. Becerra, 47 F.4th 368 (5th Cir. 2022)

Opinion, August 26, 2022

5C FA opinion 8 26

Nicholas Bagley, Remedial Restraint in Administrative Law, 117 Colum. L. Rev. 253 (2017)

253_low

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)

88-Geo.-Wash.-L.-Rev.-1121

_____

===
Tice-Harouff v. Johnson, No. (E.D. Tex., filed May 25, 2022)
Complaint
Motion for TRO and preliminary injunction, May 27, 2022
Scheduling order, May 31, 2022
US TRO/preliminary injunction opposition, June 22, 2022
Plaintiff’s reply, June 29, 2022
07/12/2022 Minute Entry for proceedings held before District Judge Jeremy D. Kernodle: Motion Hearing held on 7/12/2022 re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Cami Jo Tice-Harouff. (Court Reporter Shea Sloan) (esw) (Entered: 07/12/2022)
US notice re footnote, August 1, 2022
Plaintiff response, August 1, 2022
US reply, August 5, 2022
Order granting preliminary injunction, August 12, 2022
===
US Preventive Services Task Force Procedure Manual
Not (yet) mentioned in Kelley
Jarkesy v. SEC, No. 20-61007 (5th Cir., May 18, 2022)
————
Bear Creek Bible Church and Braidwood Management v. EEOC, No. 4:18-cv-824 (N.D. Tex.)
[]
Summary judgment opinion, October 31, 2021
US motion and memo for reconsideration, November 10, 2021
Bear Creek response to reconsideration motion, November 15, 2021
Amended summary judgment opinion, November 22, 2021
Final judgment, December 14, 2021
Dierlam v. Obama, No. 4:16-cv-307 (S.D. Tex.)
Complaint, February 4, 2016
Magistrate’s report and recommendations, November 21, 2017
Transcript of district court oral argument, June 14, 2018
Appeal, No. 18-20440 (5th Cir.)
Appellant’s brief, October 5, 2018
Appellees’ brief, February 25, 2019
Appellant’s reply brief, March 12, 2019
Fifth Circuit abeyance letter, August 7, 2019
Dierlam opposition to abeyance, August 21, 2019
US supplemental authority (Texas v. U.S.), January 8, 2020
Dierlam response to Texas v. U.S., January 14, 2020
US notice that cert granted in California v. Texas, March 5, 2020
Fifth Circuit invitation for further briefing, March 9, 2020
US letter brief re stays, April 1, 2020
Dierlam supplemental brief, April 1, 2020
Petition for cert before judgment, No. 19-1415 (June 17, 2020)
US waiver of right to respond, July 1, 2020
US notice re Little Sisters, July 27, 2020
Cert denied, October 5, 2020
Fifth Circuit opinion, October 15, 2020
Cert petition, No. 20-946, January 13, 2021
Waiver of right to respond, January 19, 2021
Cert denied in 20-946, Feb. 22, 2021
Second amended complaint, May 5, 2021
Dierlam objection to magistrate, May 7, 2021
US opposed motion for extension to file answer, June 18, 2021
Order granting US motion for extension to file answer, June 18, 2021
Dierlam response to extension, June 23, 2021
Dierlam US motion to dismiss, July 8, 2021
Dierlam opposition to US motion to dismiss, July 27, 2021
US reply supporting motion to dismiss, August 2, 2021
Notice of hearing for 12/15, December 7, 2021
Dierlam partial dismissal order, December 15, 2021
Dierlam motion to allow filing of third amended complaint, December 27, 2021
Opposition to third amended complaint, January 18, 2022
Reply supporting third amended complaint, January 24, 2022
01/28/2022 Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 1/28/2022 Argument heard on 111 Motion for Leave to File a Third Amended Complaint. For reasons stated on the record, the Motion is GRANTED. Plaintiff must file the Amended complaint within thirty (30) days. Appearances:John Dierlam. Rebecca Michelle Kopplin.(Court Reporter: M.Malone)(Law clerk: L. Muloma), filed.(arrivera, 4) (Entered: 01/28/2022)
Clarification order, February 8, 2022
Third amended complaint, March 28, 2022
US motion to dismiss, May 9, 2022
Dierlam response, May 27, 2022
US reply supporting dismissal, June 2, 2022
Plaintiff’s motion for injunction, September 6, 2022
Order for 9/20 status conference, September 13, 2022
US opposition to injunction, September 19, 2022
Dierlam reply, September 28, 2022
Notice setting hearing for 10/27, October 13, 2022
[]
Order dismissing case, December 12, 2022
Dierlam motion to vacate, December 30, 2022
US opposition, January 20, 2023
Dierlam reply, January 30, 2023
=========
Not yet filed in the cases: Institute of Medicine summary report, 2011
=========
Notes on Fifth Circuit non-delegation
Excerpts from recent Fifth Circuit non-delegation cases
Texas v. U.S., No. 7:15-cv-151 and 4:18-cv-779 (N.D. Tex.), No. 18-10545 (5th Cir.)

Summary judgment opinion, 3/5/2018

Order, 3/15/2018

Order 3 15

Order (on reconsideration), 8/21/2018

Final judgment, 7/30/2019

TKL final judgment 7 30 19

US opening brief, 11/20/19

5C US appellant brief

AHIP amicus, 11/27/19

5C AHIP amicus

Plaintiffs’ appellee brief, 1/29/20

5C appellees brief

Wisconsin letter brief, 1/29/20

5C Wisconsin partial adoption of appellee brief

US reply/response brief, 2/28/20

5C US response reply brief

Texas Kansas Louisiana reply brief, 3/20/20

5C pltf xap reply

Opinion, 7/31/2020

5C TKL opinion

Texas petition for rehearing en banc, 9/14/2020

5C TKL pet rheb

Order for response, 10/5/2020

5C request for rheb response

US opposition to petition for rehearing en banc, 11/9/2020

5C US rheb op

Unopposed motion to file reply/reply, 11/13/2020

5C rheb reply

US opposition to motion to file reply, 11/14/2020

5C US op rheb reply

Opinion on panel rehearing, 2/12/2021

5C rehearing opinion 2 12 21

Judgment after rehearing, 2/12/2021

5C rehearing judgment

Order denying rehearing en banc, with dissent, 4/9/2021

5C TKL en banc denial with dissent

Unopposed motion to stay mandate, 4/16/2021

5C TKL unopposed mo stay mandate

Order delaying issuance of mandate, April 19, 2021

5C order delaying mandate

Big Time Vapes, Inc., v. FDA, No. 19-60921 (5th Cir.), No. 20-850 (cert. denied, June 7, 2021)
Opinion, June 25, 2020
Petition for rehearing en banc, August 10, 2020
Order denying rehearing en banc, August 25, 2020
Cert petition, December 18, 2020
FDA opposition to cert, April 28, 2021
Cert reply, May 12, 2021
Jun 07 2021 Petition DENIED.
=========
1303
HHS, Patient Protection and Affordable Care Act; Exchange Program Integrity, 84 Fed. Reg. 71,674 (Dec. 27, 2019)
HHS, proposed regulations, 86 Fed. Reg. 35156 (July 1, 2021)
HHS, final regulations, 86 Fed. Reg. 35156 (Sept. 27, 2021)
===
Northern California 1303 case
California v. U.S. D.H.H.S., No. 3:20-cv-682 (N.D. Cal.)
Complaint, January 30, 2020
Amended complaint, February 26, 2020
Scheduling order, March 25, 2020
Plaintiffs’ motion for summary judgment, March 30, 2020
[Declarations]
Becerra/New York 1303 letter, April 7, 2020 (not filed in case?)
Notice of decision in related case (Washington), April 10, 2020
US motion for summary judgment, April 20, 2020
California reply/opposition, May 4, 2020
US request for extension of time for reply, May 21, 2020
US request for shortened time on extension motion, May 21, 2020
California opposition to extension of time for US reply, May 21, 2020
US reply supporting cross motion for summary judgment, June 2, 2020
Plaintiffs’ notice of recent decision (Maryland), June 10, 2020
Order, July 20, 2020
Judgment, July 20, 2020
US notice of appeal, September 17, 2020
Ninth Circuit # 20-16802
US opening brief, December 28, 2020
US unopposed motion to hold appeal in abeyance, January 29, 2021
Order granting motion, February 2, 2021
US unopposed abeyance motion, April 2, 2021
Partial grant of abeyance, April 6, 2021
9C proc xt order
US motion to stay, June 1, 2021
Stay order, June 4, 2021
Unopposed US motion to stay, August 3, 2021
Stay order, August 5, 2021
Notice of voluntary dismissal, September 27, 2021
Dismissal order, September 29, 2021
========
Maryland 1303 case
Planned Parenthood of Maryland v. Azar, No. 1:20-cv-361 (D. Md.)
Complaint, February 11, 2020
Plaintiffs’ motion for summary judgment, March 2, 2020
Nelson declaration
Hambrick declaration
Barson declaration
Didato declaration
Hollander declaration
Plaintiffs’ request for scheduling conference, March 20, 2020
Plaintiffs’ letter re briefing schedule, April 14, 2020
Defendants’ letter re briefing schedule, April 14, 2020
Proposed briefing schedule, April 14, 2020
Briefing schedule, April 15, 2020
CMS order, first issued May 1, 2020
US summary judgment opposition/cross motion, May 5, 2020
Motion for leave to file amended and supplemental complaint, May 19, 2020
Motion, memo, exhibits for class certification, May 19, 2020
Plaintiffs’ final memo supporting summary judgment, May 22, 2020
Plaintiffs’ summary judgment reply/opposition to cross-motion, May 22, 2020
Defendants’ cross-motion reply, June 8, 2020
Plaintiffs’ supplemental memo on effective date, June 9, 2020
U.S. supplemental opposition, June 15, 2020
Plaintiffs’ supplemental reply, June 17, 2020
US opposition to class certification, June 19, 2020
Private plaintiffs’ class certification reply, June 26, 2020
Plaintiffs’ notice of additional authority (DACA), June 30, 2020
US response to additional authority (DACA), July 10, 2020
Memorandum opinion, July 10, 2020
Order, July 10, 2020
US notice of appeal, September 4, 2020
Fourth Circuit # 20-2006
US opening brief, November 23, 2020
Plaintiffs’ request for extension of time to file responsive brief, and Fourth Circuit order, December 4, 2020
Unopposed US motion to hold appeal in abeyance, January 27, 2021
Abeyance order, January 28, 2021
Joint status report, March 29, 2021
Joint status report, May 28, 2021
Unopposed motion to dismiss appeal, September 28, 2021
Order dismissing appeal, September 28, 2021
====
Eastern Washington 1303 case
Washington v. Azar, No. 2:20-cv-47 (E.D. Wash.)
Complaint, January 31, 2020
Joint motion to expedite, and briefing schedule, February 27, 2020
Briefing schedule, March 3, 2020
Plaintiff’s motion for partial summary judgment on non-preemption issues, March 6, 2020
US opposition and cross-motion for summary judgment, March 20, 2020
Plaintiffs’ summary judgment reply, March 27, 2020
US reply in support of cross-motion for summary judgment, April 3, 2020
Order granting partial summary judgment, April 10, 2020
US notice of appeal, June 8, 2020
Ninth Circuit # 20-35521
US opening brief, August 14, 2020
Washington answering brief, October 14, 2020
US reply brief, November 4, 2020
US unopposed motion to hold appeal in abeyance, January 27, 2021
Abeyance order, January 28, 2021
Status report, March 29, 2021
Status report, May 28, 2021
Status report, July 27, 2021
Notice of voluntary dismissal, September 27, 2021
Dismissal order, December 20, 2021
====
THE TEXAS ABORTION PRIVATE ENFORCEMENT CASE
Whole Woman’s Health v. Jackson, No. 1:21-cv-616 (W.D. Tex., filed July 13, 2021)
Complaint, and exhibit
Memorandum in support of motion for summary judgment, July 13, 2021
[Exhibits]
Motion to certify defendant classes, July 16, 2021
Motion re status conference, July 23, 2021
Defendants’ motion to stay summary judgment and class certification, July 27, 2021
Plaintiffs’ opposition to stay, July 28, 2021
Order for August 4 conference, July 28, 2021
Defendant Clarkson’s opposed request for extension, July 30, 2021
Defendants’ reply supporting stay, July 30, 2021
Plaintiffs’ opposition to defendant Clarkston’s extension request, August 3, 2021
Scheduling order, August 3, 2021
State agency motion to dismiss, August 4, 2021
Jackson motion to dismiss, August 4, 2021
Dickson motion to dismiss, August 5, 2021
Clarkston motion to dismiss, August 5, 2021
Motion for reconsideration of scheduling order, August 6, 2021
Plaintiffs’ motion for preliminary injunction, August 7, 2021
Defendants’ motion to expedite reconsideration, August 8, 2021
Plaintiffs’ opposition to motion for reconsideration, August 8, 2021
Plaintiffs’ opposition to state agency defendants’ motion to dismiss, August 11, 2021
Plaintiffs’ opposition to Dickson motion to dismiss, August 11, 2021
Amended scheduling order, August 11, 2021
08/12/2021 Text Order MOOTING 52 Motion for Reconsideration entered by Judge Robert Pitman. In light of the revised scheduling order, Dkt. 60, and State Defendants’ notice, Dkt. 58, that they “intend to follow the revised briefing schedule,” IT IS ORDERED that this motion is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) (Entered: 08/12/2021)
Order for 8/30 preliminary injunction hearing, August 12, 2021
Plaintiffs’ opposition to Jackson/Clarkston motion to dismiss, August 12, 2021
State agency defendants’ reply supporting dismissal, August 13, 2021
Dickson reply supporting dismissal, August 13, 2021
Clarkston motion for excess pages and reply supporting dismissal, August 13, 2021
Jackson reply supporting dismissal, August 13, 2021
Clarkston dismissal reply as filed, August 16, 2021
Dickson opposition to preliminary injunction, August 16, 2021
Dickson motion to strike motion for preliminary injunction, August 16, 2021
Defendants’ motion for in person hearing, August 18, 2021
Clarkston opposition, August 18, 2021
State defendants’ opposition, August 18, 2021
Plaintiffs’ reply supporting injunction, including motion to exceed page limits, August 19, 2021
Order for in-person hearing, August 20, 2021
Plaintiffs’ opposition to motion to strike, August 23, 2021
Jackson opposition to class certification, August 25, 2021
Clarkston opposition to class certification, August 25, 2021
Order denying motions to dismiss, August 25, 2021
Notice of appeal, August 25, 2021
Defendants’ motion to stay, August 26, 2021
Defendants’ notice to the court, August 26, 2021
Plaintiffs’ opposition to stay, August 26, 2021
Defendants’ reply supporting stay, August 26, 2021
Order on stay motions, August 27, 2021
Scheduling order, August 27, 2021
Fifth Circuit # 21-50792
Not clear which got filed first: here is a set of Fifth Circuit pleadings and orders from 8/27
Emergency motion for stay, with appendix, No. 21-5, August 27, 2021
Plaintiffs’ letter, August 27, 2021
Plaintiffs’ emergency motion to expedite appeal, with appendix, August 27, 2021
Defendants’ letter re district court partial stay, August 27, 2021
Plaintiffs’ letter updating Circuit, August 27, 2021
Defendants’ opposition to expediting appeal, August 27, 2021
Plaintiffs’ motion to dismiss Dickson appeal and opposition to stay, with appendix, August 27, 2021
Plaintiffs’ reply supporting expediting appeal, August 27, 2021
Dickson letter, August 27, 2021
Second Dickson letter, August 27, 2021
Order, August 27, 2021
Plaintiffs’ motion for injunction pending appeal, August 29, 2021
Plaintiffs’ motion to lift stay, with appendix, August 29, 2021
Order, August 29, 2021
Order cancelling preliminary injunction hearing, August 29, 2021
Plaintiffs’ application for writ or order vacating stays, No. 21A24, August 30, 2021
Aug 30 2021 Response to application (21A24) requested by Justice Alito, due Tuesday, August 31, by 5 p.m. ET.
Defendants’ opposition to dismissing Dickson appeal, reply supporting stay, August 31, 2021
Defendants’ Supreme Court opposition, August 31, 2021
Defendant Dickson’s Supreme Court opposition, August 31, 2021
Plaintiffs’ Supreme Court reply, August 31, 2021
Supreme Court opinions, September 1, 2021
Fifth Circuit order, September 10, 2021
Plaintiffs’ petition for certiorari before judgment, with appendix, September 23, 2021
Plaintiffs’ motion to expedite, September 23, 2021
No. 21-463
Oct 18 2021 Petitioners’ motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondents are directed to file a response to the petition on or before noon on Thursday, October 21, 2021.
Defendants’ opposition to cert before judgment, October 21, 2021
Firearms Policy Coalition amicus, October 21, 2021
Conditional cross-petitions, filed October 21 and 22, 2021
Texas:
Dickson:
Clarkston:
Order, October 22, 2021
======
U.S. v. TEXAS
U.S. v. Texas, No. 1:21-cv-796 (W.D. Tex., filed Sept. 9, 2021)
Complaint
09/09/2021 Remark: The original random judge assignment to Judge Yeakel was voided due to clerical error. Based on the related case information provided in the civil cover sheet, the case has been directly assigned to Judge Pitman. (kc). (Entered: 09/09/2021)
US motion for TRO, preceded by leave to exceed page limits request, September 14, 2021
Massachusetts and other states’ amicus, September 15, 2021
Scheduling order, September 15, 2021
Plaintiff’s proposed schedule, September 15, 2021
Order denying US motion to expedite and keeping hearing at 10/1, September 16, 2021
Texas motion for expedited discovery, September 20, 2021
Texas motion for expedited consideration of its discovery motion, September 20, 2021
Order partly granting expedited consideration, September 21, 2021
US opposition to expedited discovery, September 22, 2021
Order cancelling discovery hearing, September 22, 2021
Graham and others motion to intervene, September 22, 2021
Graham and others motion to expedite, September 23, 2021
Stilley motion to intervene, September 24, 2021
Order partly granting motion to expedite re intervention, September 24, 2021
Withdrawal of motion to expedite discovery, September 24, 2021
Stilley motion to expedite, September 27, 2021
Texas motion for in-person hearing, September 27, 2021
US response to motions to intervene, September 28, 2021
US response to motion for in-person hearing, September 28, 2021
Order granting motions to intervene, September 28, 2021
Order denying in-person hearing, September 28, 2021
Texas response to preliminary injunction motion, with appendix, September 29, 2021
Intervenors’ response to preliminary injunction motion, September 29, 2021
Court’s deficiency notice to Texas, September 29, 2021
Intervenors’ motion for reconsideration, September 29, 2021
US opposition to reconsideration, September 30, 2021
Intervenors’ reply supporting reconsideration, with e-mail exchanges, September 30, 2021
Order denying motion for reconsideration, September 30, 2021
Texas motion to dismiss, September 30, 2021
Texas’ objections to US exhibits, September 30, 2021
US reply supporting preliminary injunction, October 1, 2021
Preliminary injunction opinion, October 6, 2021
Texas notice of appeal, October 6, 2021
Intervenors’ notice of appeal, October 6. 2021
Fifth Circuit # 21-50949
Texas notice re notice of injunction, October 7, 2021
10/08/2021 Text Order GRANTING 74 Defendant’s Notice/Motion Regarding Compliance with the Preliminary Injunction Order 68 entered by Judge Robert Pitman. Given the State’s representation that the Office of Court Administration “has used this method to notify state courts and clerks of emergency orders relating to court administration[,]” (Dkt. 74, at 1), the Court approves of the method of dissemination proposed by the State, and trusts that the State will continue to comply with all aspects of its Order Granting Preliminary Injunction 68 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) (Entered: 10/08/2021)
Texas motion for stay, etc., October 8, 2021
Intervenors’ motion for stay, etc., October 8, 2021
Fifth Circuit administrative stay, October 8, 2021
Constitutional Accountability Center amicus, October 11, 2021
Leading Medical Organizations amicus, October 11, 2021
Law Professors’ amicus, October 11, 2021
Planned Parenthood amicus, October 11, 2021
US oppostion to stay, October 11, 2021
Court’s request that Texas file reply by 10/14 noon CDT, October 12, 2021
Texas Medical Ass’n amicus, October 13, 2021
Indiana et al amicus, October 13, 2021

5C Indiana amicus

Texas reply supporting stay, October 14, 2021
Intervenors’ reply supporting stay, October 14, 2021
Stay order, October 14, 2021
US application to vacate stay, No. 21A85, October 18, 2021
Oct 18 2021 Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.
Massachusetts et al amicus, October 18, 2021
Planned Parenthood amicus, October 18, 2021
Leading Medical Organizations amicus, October 19, 2021
Ad Law, Con Law, and Civ Pro Scholars amicus, October 19, 2021
Constitutional Accountability Center amicus, October 19, 2021
Current and Former Prosecutors amicus, October 19, 2021
Texas Medical Ass’n amicus, October 19, 2021
Litman et al amicus, October 19, 2021
Human Coalition amicus, October 20, 2021
Texas opposition, October 21, 2021
Indiana et al amicus, October 21, 2021
Intervenors’ opposition, October 21, 2021
US reply, October 22, 2021
Order, October 22, 2021
=========
NONDELEGATION MATERIALS
American Lung Ass’n v. EPA, No. 19-1140 (D.C. Cir., Jan. 19, 2021)
West Virginia v. EPA cert petition, No. 20-1530
North American Coal Corp. v. EPA cert petition, No. 20-1531
Westmoreland Mining Holdings v. EPA cert petition, No. 20-1778
North Dakota cert petition, No. 20-1780
EPA cert opposition, all 4 cases
West Virginia cert reply
North American Coal Corp. cert reply
Westmoreland cert reply
North Dakota cert reply
CERTIORARI GRANTED
20-1530 ) WEST VIRGINIA, ET AL. V. EPA, ET AL.
)
20-1531 ) NORTH AMERICAN COAL CORP. V. EPA, ET AL.
)
20-1778 ) WESTMORELAND MINING HOLDINGS V. EPA, ET AL.
)
20-1780 ) NORTH DAKOTA V. EPA, ET AL.
The petitions for writs of certiorari in No. 20-1530, No. 20-1531, and No. 20-1780 are granted. The petition for a writ of certiorari in No. 20-1778 is granted limited to Question 1 presented by the petition. The cases are consolidated, and a
total of one hour is allotted for oral argument. The motion of Lignite Energy Council for leave to file a brief as amicus curiae in No. 20-1780 is granted.
The questions in 20-1778 were
QUESTIONS PRESENTED
Clean Air Act Section 111(d), 42 U.S.C. § 7411(d), authorizes EPA to impose standards of performance for existing sources’ emission of certain pollutants. In American Electric Power Co. v. Connecticut, 564 U.S. 410, 424 (2011), this Court endorsed EPA’s longstand-ing view that it may not apply Section 111(d) to sources that are already regulated under the Act’s stringent Section 112 “hazardous air pollutants” pro-gram. Nonetheless, EPA promulgated its “Clean Power Plan” to impose carbon dioxide emission limits under Section 111(d) on coal-fired power plants that are already regulated under Section 112. “[O]ne of the most consequential rules ever proposed by an admin-istrative agency,” Pet.App.172a, the Clean Power Plan would fundamentally transform the U.S. energy system by “shifting” generation from fossil-fuel-fired plants to other sources of electricity. After EPA re-pealed the Clean Power Plan as ultra vires, the D.C. Circuit vacated that action on the ground that Section 111(d) effectively places “no limits” on EPA.
Accordingly, the questions presented are:
1. Whether EPA may employ 42 U.S.C. § 7411(d) to impose standards of performance on existing sta-tionary sources that are regulated under the “hazard-ous air pollutants” program of 42 U.S.C. § 7412.
2. Whether 42 U.S.C. § 7411(d) clearly authorizes EPA to decide such matters of vast economic and po-litical significance as whether and how to restructure the nation’s energy system.
Kristen E. Hickman, Foreword: Nondelegation as Constitutional Symbolism, 88 George Washington Univ. Law Review [] (June 2021)
BRACKEEN NONDELEGATION
Nos. 21-376-378, 21-380
Texas principal brief, May 26, 2022, pages 69-74
Brackeen principal brief, May 26, 2022, page 41 n.6
Tribal principal brief, August 12, 2022, pages 90-91
US principal brief, August 12, 2022, pages 79-84
==
THE NEW YORK COVID-19 RELIGIOUS SERVICES CASE
Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87 (U.S., Nov. 25, 2020)
A case on nationwide relief in an APA suit (pages 273-74)
State of New York v. U.S. Dep’t of Commerce, No. 1:18-cv-2921 (S.D. N.Y., Jan. 15, 2019)
John Harrison on nationwide injunctions, April 12, 2020
Franciscan Alliance, Inc. v. Becerra, 47 F.4th 368 (5th Cir. 2022)

Opinion, August 26, 2022

5C FA opinion 8 26

_____
===
Tice-Harouff v. Johnson, No. (E.D. Tex., filed May 25, 2022)
Complaint
Motion for TRO and preliminary injunction, May 27, 2022
Scheduling order, May 31, 2022
US TRO/preliminary injunction opposition, June 22, 2022
Plaintiff’s reply, June 29, 2022
07/12/2022 Minute Entry for proceedings held before District Judge Jeremy D. Kernodle: Motion Hearing held on 7/12/2022 re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Cami Jo Tice-Harouff. (Court Reporter Shea Sloan) (esw) (Entered: 07/12/2022)
US notice re footnote, August 1, 2022
Plaintiff response, August 1, 2022
US reply, August 5, 2022
Order granting preliminary injunction, August 12, 2022
===
US Preventive Services Task Force Procedure Manual
Not (yet) mentioned in Kelley
Jarkesy v. SEC, No. 20-61007 (5th Cir., May 18, 2022)
Denial of rehearing, October 21, 2022
US cert petition, No. 22-859, March 8, 2023
————
Bear Creek Bible Church and Braidwood Management v. EEOC, No. 4:18-cv-824 (N.D. Tex.)
[]
Summary judgment opinion, October 31, 2021
US motion and memo for reconsideration, November 10, 2021
Bear Creek response to reconsideration motion, November 15, 2021
Amended summary judgment opinion, November 22, 2021
Final judgment, December 14, 2021
Dierlam v. Obama, No. 4:16-cv-307 (S.D. Tex.)
Complaint, February 4, 2016
Magistrate’s report and recommendations, November 21, 2017
Transcript of district court oral argument, June 14, 2018
Appeal, No. 18-20440 (5th Cir.)
Appellant’s brief, October 5, 2018
Appellees’ brief, February 25, 2019
Appellant’s reply brief, March 12, 2019
Fifth Circuit abeyance letter, August 7, 2019
Dierlam opposition to abeyance, August 21, 2019
US supplemental authority (Texas v. U.S.), January 8, 2020
Dierlam response to Texas v. U.S., January 14, 2020
US notice that cert granted in California v. Texas, March 5, 2020
Fifth Circuit invitation for further briefing, March 9, 2020
US letter brief re stays, April 1, 2020
Dierlam supplemental brief, April 1, 2020
Petition for cert before judgment, No. 19-1415 (June 17, 2020)
US waiver of right to respond, July 1, 2020
US notice re Little Sisters, July 27, 2020
Cert denied, October 5, 2020
Fifth Circuit opinion, October 15, 2020
Cert petition, No. 20-946, January 13, 2021
Waiver of right to respond, January 19, 2021
Cert denied in 20-946, Feb. 22, 2021
Second amended complaint, May 5, 2021
Dierlam objection to magistrate, May 7, 2021
US opposed motion for extension to file answer, June 18, 2021
Order granting US motion for extension to file answer, June 18, 2021
Dierlam response to extension, June 23, 2021
Dierlam US motion to dismiss, July 8, 2021
Dierlam opposition to US motion to dismiss, July 27, 2021
US reply supporting motion to dismiss, August 2, 2021
Notice of hearing for 12/15, December 7, 2021
Dierlam partial dismissal order, December 15, 2021
Dierlam motion to allow filing of third amended complaint, December 27, 2021
Opposition to third amended complaint, January 18, 2022
Reply supporting third amended complaint, January 24, 2022
01/28/2022 Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 1/28/2022 Argument heard on 111 Motion for Leave to File a Third Amended Complaint. For reasons stated on the record, the Motion is GRANTED. Plaintiff must file the Amended complaint within thirty (30) days. Appearances:John Dierlam. Rebecca Michelle Kopplin.(Court Reporter: M.Malone)(Law clerk: L. Muloma), filed.(arrivera, 4) (Entered: 01/28/2022)
Clarification order, February 8, 2022
Third amended complaint, March 28, 2022
US motion to dismiss, May 9, 2022
Dierlam response, May 27, 2022
US reply supporting dismissal, June 2, 2022
Plaintiff’s motion for injunction, September 6, 2022
Order for 9/20 status conference, September 13, 2022
US opposition to injunction, September 19, 2022
Dierlam reply, September 28, 2022
Notice setting hearing for 10/27, October 13, 2022
=========
Not yet filed in the cases: Institute of Medicine summary report, 2011
=========
Notes on Fifth Circuit non-delegation
Excerpts from recent Fifth Circuit non-delegation cases
Texas v. U.S., No. 7:15-cv-151 and 4:18-cv-779 (N.D. Tex.), No. 18-10545 (5th Cir.)

Summary judgment opinion, 3/5/2018

Order, 3/15/2018

Order 3 15

Order (on reconsideration), 8/21/2018

Final judgment, 7/30/2019

TKL final judgment 7 30 19

US opening brief, 11/20/19

5C US appellant brief

AHIP amicus, 11/27/19

5C AHIP amicus

Plaintiffs’ appellee brief, 1/29/20

5C appellees brief

Wisconsin letter brief, 1/29/20

5C Wisconsin partial adoption of appellee brief

US reply/response brief, 2/28/20

5C US response reply brief

Texas Kansas Louisiana reply brief, 3/20/20

5C pltf xap reply

Opinion, 7/31/2020

5C TKL opinion

Texas petition for rehearing en banc, 9/14/2020

5C TKL pet rheb

Order for response, 10/5/2020

5C request for rheb response

US opposition to petition for rehearing en banc, 11/9/2020

5C US rheb op

Unopposed motion to file reply/reply, 11/13/2020

5C rheb reply

US opposition to motion to file reply, 11/14/2020

5C US op rheb reply

Opinion on panel rehearing, 2/12/2021

5C rehearing opinion 2 12 21

Judgment after rehearing, 2/12/2021

5C rehearing judgment

Order denying rehearing en banc, with dissent, 4/9/2021

5C TKL en banc denial with dissent

Unopposed motion to stay mandate, 4/16/2021

5C TKL unopposed mo stay mandate

Order delaying issuance of mandate, April 19, 2021

5C order delaying mandate

Big Time Vapes, Inc., v. FDA, No. 19-60921 (5th Cir.), No. 20-850 (cert. denied, June 7, 2021)
Opinion, June 25, 2020
Petition for rehearing en banc, August 10, 2020
Order denying rehearing en banc, August 25, 2020
Cert petition, December 18, 2020
FDA opposition to cert, April 28, 2021
Cert reply, May 12, 2021
Jun 07 2021 Petition DENIED.
=========
Northern California 1303 case
California v. U.S. D.H.H.S., No. 3:20-cv-682 (N.D. Cal.)
Complaint, January 30, 2020
Amended complaint, February 26, 2020
Scheduling order, March 25, 2020
Plaintiffs’ motion for summary judgment, March 30, 2020
[Declarations]
Becerra/New York 1303 letter, April 7, 2020 (not filed in case?)
Notice of decision in related case (Washington), April 10, 2020
US motion for summary judgment, April 20, 2020
California reply/opposition, May 4, 2020
US request for extension of time for reply, May 21, 2020
US request for shortened time on extension motion, May 21, 2020
California opposition to extension of time for US reply, May 21, 2020
US reply supporting cross motion for summary judgment, June 2, 2020
Plaintiffs’ notice of recent decision (Maryland), June 10, 2020
Order, July 20, 2020
Judgment, July 20, 2020
US notice of appeal, September 17, 2020
Ninth Circuit # 20-16802
US opening brief, December 28, 2020
US unopposed motion to hold appeal in abeyance, January 29, 2021
Order granting motion, February 2, 2021
US unopposed abeyance motion, April 2, 2021
Partial grant of abeyance, April 6, 2021
9C proc xt order
US motion to stay, June 1, 2021
Stay order, June 4, 2021
Unopposed US motion to stay, August 3, 2021
Stay order, August 5, 2021
Notice of voluntary dismissal, September 27, 2021
Dismissal order, September 29, 2021
========
Maryland 1303 case
Planned Parenthood of Maryland v. Azar, No. 1:20-cv-361 (D. Md.)
Complaint, February 11, 2020
Plaintiffs’ motion for summary judgment, March 2, 2020
Nelson declaration
Hambrick declaration
Barson declaration
Didato declaration
Hollander declaration
Plaintiffs’ request for scheduling conference, March 20, 2020
Plaintiffs’ letter re briefing schedule, April 14, 2020
Defendants’ letter re briefing schedule, April 14, 2020
Proposed briefing schedule, April 14, 2020
Briefing schedule, April 15, 2020
CMS order, first issued May 1, 2020
US summary judgment opposition/cross motion, May 5, 2020
Motion for leave to file amended and supplemental complaint, May 19, 2020
Motion, memo, exhibits for class certification, May 19, 2020
Plaintiffs’ final memo supporting summary judgment, May 22, 2020
Plaintiffs’ summary judgment reply/opposition to cross-motion, May 22, 2020
Defendants’ cross-motion reply, June 8, 2020
Plaintiffs’ supplemental memo on effective date, June 9, 2020
U.S. supplemental opposition, June 15, 2020
Plaintiffs’ supplemental reply, June 17, 2020
US opposition to class certification, June 19, 2020
Private plaintiffs’ class certification reply, June 26, 2020
Plaintiffs’ notice of additional authority (DACA), June 30, 2020
US response to additional authority (DACA), July 10, 2020
Memorandum opinion, July 10, 2020
Order, July 10, 2020
US notice of appeal, September 4, 2020
Fourth Circuit # 20-2006
US opening brief, November 23, 2020
Plaintiffs’ request for extension of time to file responsive brief, and Fourth Circuit order, December 4, 2020
Unopposed US motion to hold appeal in abeyance, January 27, 2021
Abeyance order, January 28, 2021
Joint status report, March 29, 2021
Joint status report, May 28, 2021
Unopposed motion to dismiss appeal, September 28, 2021
Order dismissing appeal, September 28, 2021
====
Eastern Washington 1303 case
Washington v. Azar, No. 2:20-cv-47 (E.D. Wash.)
Complaint, January 31, 2020
Joint motion to expedite, and briefing schedule, February 27, 2020
Briefing schedule, March 3, 2020
Plaintiff’s motion for partial summary judgment on non-preemption issues, March 6, 2020
US opposition and cross-motion for summary judgment, March 20, 2020
Plaintiffs’ summary judgment reply, March 27, 2020
US reply in support of cross-motion for summary judgment, April 3, 2020
Order granting partial summary judgment, April 10, 2020
US notice of appeal, June 8, 2020
Ninth Circuit # 20-35521
US opening brief, August 14, 2020
Washington answering brief, October 14, 2020
US reply brief, November 4, 2020
US unopposed motion to hold appeal in abeyance, January 27, 2021
Abeyance order, January 28, 2021
Status report, March 29, 2021
Status report, May 28, 2021
Status report, July 27, 2021
Notice of voluntary dismissal, September 27, 2021
Dismissal order, December 20, 2021
====
THE TEXAS ABORTION PRIVATE ENFORCEMENT CASE
Whole Woman’s Health v. Jackson, No. 1:21-cv-616 (W.D. Tex., filed July 13, 2021)
Complaint, and exhibit
Memorandum in support of motion for summary judgment, July 13, 2021
[Exhibits]
Motion to certify defendant classes, July 16, 2021
Motion re status conference, July 23, 2021
Defendants’ motion to stay summary judgment and class certification, July 27, 2021
Plaintiffs’ opposition to stay, July 28, 2021
Order for August 4 conference, July 28, 2021
Defendant Clarkson’s opposed request for extension, July 30, 2021
Defendants’ reply supporting stay, July 30, 2021
Plaintiffs’ opposition to defendant Clarkston’s extension request, August 3, 2021
Scheduling order, August 3, 2021
State agency motion to dismiss, August 4, 2021
Jackson motion to dismiss, August 4, 2021
Dickson motion to dismiss, August 5, 2021
Clarkston motion to dismiss, August 5, 2021
Motion for reconsideration of scheduling order, August 6, 2021
Plaintiffs’ motion for preliminary injunction, August 7, 2021
Defendants’ motion to expedite reconsideration, August 8, 2021
Plaintiffs’ opposition to motion for reconsideration, August 8, 2021
Plaintiffs’ opposition to state agency defendants’ motion to dismiss, August 11, 2021
Plaintiffs’ opposition to Dickson motion to dismiss, August 11, 2021
Amended scheduling order, August 11, 2021
08/12/2021 Text Order MOOTING 52 Motion for Reconsideration entered by Judge Robert Pitman. In light of the revised scheduling order, Dkt. 60, and State Defendants’ notice, Dkt. 58, that they “intend to follow the revised briefing schedule,” IT IS ORDERED that this motion is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) (Entered: 08/12/2021)
Order for 8/30 preliminary injunction hearing, August 12, 2021
Plaintiffs’ opposition to Jackson/Clarkston motion to dismiss, August 12, 2021
State agency defendants’ reply supporting dismissal, August 13, 2021
Dickson reply supporting dismissal, August 13, 2021
Clarkston motion for excess pages and reply supporting dismissal, August 13, 2021
Jackson reply supporting dismissal, August 13, 2021
Clarkston dismissal reply as filed, August 16, 2021
Dickson opposition to preliminary injunction, August 16, 2021
Dickson motion to strike motion for preliminary injunction, August 16, 2021
Defendants’ motion for in person hearing, August 18, 2021
Clarkston opposition, August 18, 2021
State defendants’ opposition, August 18, 2021
Plaintiffs’ reply supporting injunction, including motion to exceed page limits, August 19, 2021
Order for in-person hearing, August 20, 2021
Plaintiffs’ opposition to motion to strike, August 23, 2021
Jackson opposition to class certification, August 25, 2021
Clarkston opposition to class certification, August 25, 2021
Order denying motions to dismiss, August 25, 2021
Notice of appeal, August 25, 2021
Defendants’ motion to stay, August 26, 2021
Defendants’ notice to the court, August 26, 2021
Plaintiffs’ opposition to stay, August 26, 2021
Defendants’ reply supporting stay, August 26, 2021
Order on stay motions, August 27, 2021
Scheduling order, August 27, 2021
Fifth Circuit # 21-50792
Not clear which got filed first: here is a set of Fifth Circuit pleadings and orders from 8/27
Emergency motion for stay, with appendix, No. 21-5, August 27, 2021
Plaintiffs’ letter, August 27, 2021
Plaintiffs’ emergency motion to expedite appeal, with appendix, August 27, 2021
Defendants’ letter re district court partial stay, August 27, 2021
Plaintiffs’ letter updating Circuit, August 27, 2021
Defendants’ opposition to expediting appeal, August 27, 2021
Plaintiffs’ motion to dismiss Dickson appeal and opposition to stay, with appendix, August 27, 2021
Plaintiffs’ reply supporting expediting appeal, August 27, 2021
Dickson letter, August 27, 2021
Second Dickson letter, August 27, 2021
Order, August 27, 2021
Plaintiffs’ motion for injunction pending appeal, August 29, 2021
Plaintiffs’ motion to lift stay, with appendix, August 29, 2021
Order, August 29, 2021
Order cancelling preliminary injunction hearing, August 29, 2021
Plaintiffs’ application for writ or order vacating stays, No. 21A24, August 30, 2021
Aug 30 2021 Response to application (21A24) requested by Justice Alito, due Tuesday, August 31, by 5 p.m. ET.
Defendants’ opposition to dismissing Dickson appeal, reply supporting stay, August 31, 2021
Defendants’ Supreme Court opposition, August 31, 2021
Defendant Dickson’s Supreme Court opposition, August 31, 2021
Plaintiffs’ Supreme Court reply, August 31, 2021
Supreme Court opinions, September 1, 2021
Fifth Circuit order, September 10, 2021
Plaintiffs’ petition for certiorari before judgment, with appendix, September 23, 2021
Plaintiffs’ motion to expedite, September 23, 2021
No. 21-463
Oct 18 2021 Petitioners’ motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondents are directed to file a response to the petition on or before noon on Thursday, October 21, 2021.
Defendants’ opposition to cert before judgment, October 21, 2021
Firearms Policy Coalition amicus, October 21, 2021
Conditional cross-petitions, filed October 21 and 22, 2021
Texas:
Dickson:
Clarkston:
Order, October 22, 2021
======
U.S. v. TEXAS
U.S. v. Texas, No. 1:21-cv-796 (W.D. Tex., filed Sept. 9, 2021)
Complaint
09/09/2021 Remark: The original random judge assignment to Judge Yeakel was voided due to clerical error. Based on the related case information provided in the civil cover sheet, the case has been directly assigned to Judge Pitman. (kc). (Entered: 09/09/2021)
US motion for TRO, preceded by leave to exceed page limits request, September 14, 2021
Massachusetts and other states’ amicus, September 15, 2021
Scheduling order, September 15, 2021
Plaintiff’s proposed schedule, September 15, 2021
Order denying US motion to expedite and keeping hearing at 10/1, September 16, 2021
Texas motion for expedited discovery, September 20, 2021
Texas motion for expedited consideration of its discovery motion, September 20, 2021
Order partly granting expedited consideration, September 21, 2021
US opposition to expedited discovery, September 22, 2021
Order cancelling discovery hearing, September 22, 2021
Graham and others motion to intervene, September 22, 2021
Graham and others motion to expedite, September 23, 2021
Stilley motion to intervene, September 24, 2021
Order partly granting motion to expedite re intervention, September 24, 2021
Withdrawal of motion to expedite discovery, September 24, 2021
Stilley motion to expedite, September 27, 2021
Texas motion for in-person hearing, September 27, 2021
US response to motions to intervene, September 28, 2021
US response to motion for in-person hearing, September 28, 2021
Order granting motions to intervene, September 28, 2021
Order denying in-person hearing, September 28, 2021
Texas response to preliminary injunction motion, with appendix, September 29, 2021
Intervenors’ response to preliminary injunction motion, September 29, 2021
Court’s deficiency notice to Texas, September 29, 2021
Intervenors’ motion for reconsideration, September 29, 2021
US opposition to reconsideration, September 30, 2021
Intervenors’ reply supporting reconsideration, with e-mail exchanges, September 30, 2021
Order denying motion for reconsideration, September 30, 2021
Texas motion to dismiss, September 30, 2021
Texas’ objections to US exhibits, September 30, 2021
US reply supporting preliminary injunction, October 1, 2021
Preliminary injunction opinion, October 6, 2021
Texas notice of appeal, October 6, 2021
Intervenors’ notice of appeal, October 6. 2021
Fifth Circuit # 21-50949
Texas notice re notice of injunction, October 7, 2021
10/08/2021 Text Order GRANTING 74 Defendant’s Notice/Motion Regarding Compliance with the Preliminary Injunction Order 68 entered by Judge Robert Pitman. Given the State’s representation that the Office of Court Administration “has used this method to notify state courts and clerks of emergency orders relating to court administration[,]” (Dkt. 74, at 1), the Court approves of the method of dissemination proposed by the State, and trusts that the State will continue to comply with all aspects of its Order Granting Preliminary Injunction 68 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) (Entered: 10/08/2021)
Texas motion for stay, etc., October 8, 2021
Intervenors’ motion for stay, etc., October 8, 2021
Fifth Circuit administrative stay, October 8, 2021
Constitutional Accountability Center amicus, October 11, 2021
Leading Medical Organizations amicus, October 11, 2021
Law Professors’ amicus, October 11, 2021
Planned Parenthood amicus, October 11, 2021
US oppostion to stay, October 11, 2021
Court’s request that Texas file reply by 10/14 noon CDT, October 12, 2021
Texas Medical Ass’n amicus, October 13, 2021
Indiana et al amicus, October 13, 2021

5C Indiana amicus

Texas reply supporting stay, October 14, 2021
Intervenors’ reply supporting stay, October 14, 2021
Stay order, October 14, 2021
US application to vacate stay, No. 21A85, October 18, 2021
Oct 18 2021 Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.
Massachusetts et al amicus, October 18, 2021
Planned Parenthood amicus, October 18, 2021
Leading Medical Organizations amicus, October 19, 2021
Ad Law, Con Law, and Civ Pro Scholars amicus, October 19, 2021
Constitutional Accountability Center amicus, October 19, 2021
Current and Former Prosecutors amicus, October 19, 2021
Texas Medical Ass’n amicus, October 19, 2021
Litman et al amicus, October 19, 2021
Human Coalition amicus, October 20, 2021
Texas opposition, October 21, 2021
Indiana et al amicus, October 21, 2021
Intervenors’ opposition, October 21, 2021
US reply, October 22, 2021
Order, October 22, 2021
=========
NONDELEGATION MATERIALS
American Lung Ass’n v. EPA, No. 19-1140 (D.C. Cir., Jan. 19, 2021)
West Virginia v. EPA cert petition, No. 20-1530
North American Coal Corp. v. EPA cert petition, No. 20-1531
Westmoreland Mining Holdings v. EPA cert petition, No. 20-1778
North Dakota cert petition, No. 20-1780
EPA cert opposition, all 4 cases
West Virginia cert reply
North American Coal Corp. cert reply
Westmoreland cert reply
North Dakota cert reply
CERTIORARI GRANTED
20-1530 ) WEST VIRGINIA, ET AL. V. EPA, ET AL.
)
20-1531 ) NORTH AMERICAN COAL CORP. V. EPA, ET AL.
)
20-1778 ) WESTMORELAND MINING HOLDINGS V. EPA, ET AL.
)
20-1780 ) NORTH DAKOTA V. EPA, ET AL.
The petitions for writs of certiorari in No. 20-1530, No. 20-1531, and No. 20-1780 are granted. The petition for a writ of certiorari in No. 20-1778 is granted limited to Question 1 presented by the petition. The cases are consolidated, and a
total of one hour is allotted for oral argument. The motion of Lignite Energy Council for leave to file a brief as amicus curiae in No. 20-1780 is granted.
The questions in 20-1778 were
QUESTIONS PRESENTED
Clean Air Act Section 111(d), 42 U.S.C. § 7411(d), authorizes EPA to impose standards of performance for existing sources’ emission of certain pollutants. In American Electric Power Co. v. Connecticut, 564 U.S. 410, 424 (2011), this Court endorsed EPA’s longstand-ing view that it may not apply Section 111(d) to sources that are already regulated under the Act’s stringent Section 112 “hazardous air pollutants” pro-gram. Nonetheless, EPA promulgated its “Clean Power Plan” to impose carbon dioxide emission limits under Section 111(d) on coal-fired power plants that are already regulated under Section 112. “[O]ne of the most consequential rules ever proposed by an admin-istrative agency,” Pet.App.172a, the Clean Power Plan would fundamentally transform the U.S. energy system by “shifting” generation from fossil-fuel-fired plants to other sources of electricity. After EPA re-pealed the Clean Power Plan as ultra vires, the D.C. Circuit vacated that action on the ground that Section 111(d) effectively places “no limits” on EPA.
Accordingly, the questions presented are:
1. Whether EPA may employ 42 U.S.C. § 7411(d) to impose standards of performance on existing sta-tionary sources that are regulated under the “hazard-ous air pollutants” program of 42 U.S.C. § 7412.
2. Whether 42 U.S.C. § 7411(d) clearly authorizes EPA to decide such matters of vast economic and po-litical significance as whether and how to restructure the nation’s energy system.
Kristen E. Hickman, Foreword: Nondelegation as Constitutional Symbolism, 88 George Washington Univ. Law Review [] (June 2021)
BRACKEEN NONDELEGATION
Nos. 21-376-378, 21-380
Texas principal brief, May 26, 2022, pages 69-74
Brackeen principal brief, May 26, 2022, page 41 n.6
Tribal principal brief, August 12, 2022, pages 90-91
US principal brief, August 12, 2022, pages 79-84
==
National Horsemen’s Protective and Benevolent Ass’n v. Black, No. 5:21-cv-71 (N.D. Tex., March 31, 2022)
National Horsemen’s Protective and Benevolent Ass’n v. Black, No. 22-10387 (5th Cir., Nov. 18, 2022)
+++
Oklahoma v. U.S., No. 22-5487 (6th Cir., March 3, 2023)
===
THE NEW YORK COVID-19 RELIGIOUS SERVICES CASE
Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87 (U.S., Nov. 25, 2020)
A case on nationwide relief in an APA suit (pages 273-74)
State of New York v. U.S. Dep’t of Commerce, No. 1:18-cv-2921 (S.D. N.Y., Jan. 15, 2019)
John Harrison on nationwide injunctions, April 12, 2020