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
Religious contraception rule, 82 Fed. Reg. 47792 (October 13, 2017)
Moral contraception rule, 82 Fed. Reg. 47838 (October 13, 2017)
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
SUPREME COURT BRIEFING AND ARGUMENT
PETITIONERS’ BRIEFING
Little Sisters opening brief, March 2, 2020
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
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
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
THE PENNSYLVANIA V. TRUMP CASE, FROM THIRD CIRCUIT DECISION THROUGH THE ORDERS GRANTING CERT
| 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. |
| Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020. |
FRIDAY, JANUARY 17, 2020
) ) )
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 additional authority (progress of regs), October 24, 2018
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
March for Life oral argument statement correction, October 25, 2018
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
Scheduling order, December 17, 2018
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
Declaration Cantwell
Cantwell file0.116827545725879
Declaration Chance
Declaration Custer
Declaration Alexander-Scott
Alexander-Scott file0.231772186971408
Declaration Childs-Roshak
Childs-Roshak file0.332510439018858
Declaration Zerzan-Thul
Zerzan-Thul file0.689866293492866
Declaration Durso
Declaration Dutton
Declaration Gallagher
Gallagher file0.555493757399869
Declaration Gobielle
Gobielle file0.733454325041873
Declaration Grossman
Grossman file0.625738063399819
Declaration Hollier
Declaration Ikemoto
Declaration Jones
Declaration Kish
Declaration Kost
Declaration Kreidler
Kreidler file0.301949331109551
Declaration Lytle-Barnaby
Lytle-Barnaby file0.136473150263679
Declaration Maisen
Declaration Moracco
Declaration Navarro
Declaration Nelson
Declaration Nguyen
Declaration Peterson
Peterson file0.512021219861833
Declaration Pomales
Declaration Rabinovitz
Rabinovitz file0.767930927491886
Declaration Rattay
Declaration Russell
Declaration Skinner
Declaration Tobias
Declaration Tosh
Declaration Welch
Declaration Werberg
Declaration Whorley
Declaration Wilson
US motion for stay, December 26, 2018
Little Sisters motion for extension of time to answer, December 26, 2018
| 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
Little Sisters opposition to preliminary injunction, January 3, 2019
Corrected Little Sisters opposition, 1/10
March for Life opposition to preliminary injunction, January 3, 2019
Supplemental administrative record, January 7, 2019
Oregon motion to intervene, with Rimberg declaration, January 7, 2019
US Women’s Chamber of Commerce amicus, lodged January 7, 2019
American Nurses Association amicus, lodged January 7, 2019
National Women’s Law Center amicus, lodged January 7, 2019
AAUW amicus, corrected version lodged January 8, 2019
Massachusetts amicus, finally filed January 11, 2019
Plaintiffs’ reply supporting preliminary injunction, January 8, 2018
Preliminary injunction order, January 13, 2019
Little Sisters notice of appeal, January 13, 2019
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
Order extending deadline, January 17, 2019
US non-response to Oregon motion to intervene, January 18, 2019
March for Life opposition to Oregon motion to intervene, January 22, 2019
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
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
Scope of briefing and record proposals — Little Sisters, February 12, 2019
Scope of briefing and record proposals — US, February 12, 2019
Scope of briefing and record proposals — March for Life, February 12, 2019
Scope of briefing and record proposals — plaintiff States, February 12, 2019
Oregon complaint in intervention and joinder in PI motion, February 21, 2019
US 9th Circuit opening brief, February 25, 2019
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
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
Texas et al amicus, March 4, 2019
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
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
Little Sisters op to Colorado intervention, March 28, 2019
Colorado intervention reply, April 4, 2019
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
ACLU amicus, April 19, 2019
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
Plaintiffs’ summary judgment motion, April 30, 2019
Oregon motion for preliminary injunction, April 30, 2019
US appellants’ reply brief, May 6, 2019
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
[Other amicus briefs]
California cert opposition, May 13, 2019
20190513132049849_No. 18-1192 Opposition for printing
US PI opposition, May 14, 2019
Little Sisters oppositions, May 14, 2019
US supplemental, May 20, 2019
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
Oregon PI reply, with declaration, May 21, 2019
9C plaintiffs’ additional authority (Mass. standing case), May 24, 2019
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
March for Life summary judgment opposition and motion to dismiss/motion for summary judgment, May 31, 2019
Little Sisters summary judgment opposition/motion to dismiss, etc., May 31, 2019
US apology for not attending hearing on intervention motion, June 7, 2019
Little Sisters apology for not attending hearing on intervention motion, June 7, 2019
March for Life apology for not attending hearing on intervention motion, June 7, 2019
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
Supreme Court Little Sisters Supplemental Brief, June 10, 2019
20190610135129183_No. 18-1192 Supplemental Brief
US letter re Third Circuit questions, June 14, 2019
States’ opposition/reply, July 1, 2019
[Many declarations]
Order extending injunction to Oregon, July 2, 2019
Plaintiffs’ additional authority (Third Circuit), July 16, 2019
LS response to additional authority, July 24, 2019
9C LS addl authority response (PA)
US reply, August 1, 2019
Little Sisters reply, August 1, 2019
March for Life reply, August 1, 2019
Plaintiffs’ sur-reply, August 15, 2019
| 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
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
“Notice of Development” (Penn. grant of cert), January 21, 2020
| 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
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
Order for briefs re scope of remand, August 13, 2020
US supplemental brief, August 28, 2020
California supplemental brief, August 28, 2020
March for Life supplemental brief, August 28, 2020
Little Sisters supplemental brief, August 28, 2020
Ninth Circuit remand order, October 8, 2020
Joint status report with proposed briefing schedule, October 19, 2020
Plaintiffs’ supplemental brief, November 4, 2020
Plaintiffs’ withdrawal of some claims, November 4, 2020
US supplemental brief, November 23, 2020
Little Sisters supplemental brief, November 24, 2020
March for Life supplemental brief, November 25, 2020
Plaintiffs’ supplemental reply brief, December 4, 2020
| 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
US motion to stay, March 1, 2021
| 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
Plaintiffs’ additional authority (Tandon v. Newsom), May 7, 2021
Plaintiffs’ additional authority (Fulton v. Philadelphia), July 2, 2021
US notice of intent to initiate rulemaking, August 17, 2021
| 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
[]
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
Status report, November 1, 2022
===
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
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
US motion for stay, February 5, 2020
Plaintiffs’ opposition to motion for stay, February 19, 2020
US motion for extension of time to answer, February 24, 2020
US reply supporting stay, February 26, 2020
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
Joint status report, July 22, 2020
| 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
Scheduling order, August 6, 2020
Second amended complaint, August 20, 2020
4071094-0–20221 merged_60447_-1-1597961311
Notre Dame motion to dismiss, September 21, 2020
U.S. motion to dismiss, September 21, 2020
Plaintiffs’ motion for Rule 16 conference, September 29, 2020
US opposition to motion for Rule 16 conference, October 9, 2020
US motion for partial summary judgment/dismissal, October 9, 2020
Notre Dame opposition to motion for Rule 16 conference, October 13, 2020
Plaintiffs’ reply supporting Rule 16 conference, October 14, 2020
Order denying Rule 16 conference, October 15, 2020
Opposition to US motion to dismiss, October 21, 2020
Plaintiffs’ motion to hold US motion for partial summary judgment in abeyance, November 2, 2020
US reply supporting motion to dismiss, November 5, 2020
Notre Dame reply supporting motion to dismiss, November 5, 2020
US response to abeyance motion, November 16, 2020
Plaintiffs’ reply supporting abeyance, November 20, 2020
Abeyance order, November 24, 2020
US notice of addl authority (Mass.), January 19, 2020
Order largely granting motion to dismiss, August 12, 2021
Joint motion for stay, August 24, 2021
Stay order, August 25, 2021
Status report, November 17, 2021
Status report, February 15, 2022
Status report, May 16, 2022
Status report, August 15, 2022
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
Planned Parenthood amicus, September 24, 2018
Ernest A. Young amicus, October 16, 2018
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
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
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
US appellee brief, February 4, 2019
Commonwealth reply brief, February 25, 2019
Opinion, May 2, 2019
Amended complaint, July 8, 2019
Proposed scheduling order, July 18, 2019
Motion for summary judgment, memo, declarations, July 31, 2019
ACLU amicus, August 15, 2019
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
US reply, October 21, 2019
Plaintiff’s supplemental authority (Calif.), October 25, 2019
MAvT 2 pltf notice addl auth 9C
US consent motion for stay, February 5, 2020
Motion for stay “allowed,” February 7, 2020
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
US’s supplemental brief, November 6, 2020
Opinion, January 15, 2021
Judgment, January 19, 2021
Notice of appeal, January 27, 2021
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
[]
Status report, December 12, 2022
Status report, March 17, 2023
Order, March 20, 2023
==============
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
District court order vacating Little Sisters order, May 10, 2018
McElvain withdrawal, July 2, 2018
District court PA motion to lift stay, November 26, 2018
Federal non op to lifting stay and status conference 12/13, December 7, 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) |
| 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] |
| 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) |
| 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. |
| Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020. |
FRIDAY, JANUARY 17, 2020
) ) )
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.
| 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) |
| 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] |
| 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] |
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.
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
| 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) |
| 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) |
Administration, 793 F.2d 1322, 1332–34 (D.C. Cir. 1986),
Carolina v. FERC, 862 F.3d 1071, 1078 (D.C. Cir. 2017));
R.R. Passenger Corp., 21 F.4th 854, 857–58 (D.C. Cir. 2021);
of America v. FCC, 348 F.3d 1009, 1012 (D.C. Cir. 2003) (“[T]he inability of con-
sumers to buy a desired product may constitute injury–in–fact ‘even if they could ame-
liorate the injury by purchasing some alternative product.’”);
Institute v. National Highway Traffic Safety Administration, 901 F.2d 107, 112–13
(D.C. Cir. 1990) (conferring standing on a consumer group to challenge fuel–econ-
omy standards that reduced the number and variety of larger vehicles available for
sale);
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
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)
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
SUPREME COURT BRIEFING AND ARGUMENT
PETITIONERS’ BRIEFING
Little Sisters opening brief, March 2, 2020
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
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
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
THE PENNSYLVANIA V. TRUMP CASE, FROM THIRD CIRCUIT DECISION THROUGH THE ORDERS GRANTING CERT
| 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. |
| Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020. |
FRIDAY, JANUARY 17, 2020
) ) )
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 additional authority (progress of regs), October 24, 2018
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
March for Life oral argument statement correction, October 25, 2018
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
Scheduling order, December 17, 2018
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
Declaration Cantwell
Cantwell file0.116827545725879
Declaration Chance
Declaration Custer
Declaration Alexander-Scott
Alexander-Scott file0.231772186971408
Declaration Childs-Roshak
Childs-Roshak file0.332510439018858
Declaration Zerzan-Thul
Zerzan-Thul file0.689866293492866
Declaration Durso
Declaration Dutton
Declaration Gallagher
Gallagher file0.555493757399869
Declaration Gobielle
Gobielle file0.733454325041873
Declaration Grossman
Grossman file0.625738063399819
Declaration Hollier
Declaration Ikemoto
Declaration Jones
Declaration Kish
Declaration Kost
Declaration Kreidler
Kreidler file0.301949331109551
Declaration Lytle-Barnaby
Lytle-Barnaby file0.136473150263679
Declaration Maisen
Declaration Moracco
Declaration Navarro
Declaration Nelson
Declaration Nguyen
Declaration Peterson
Peterson file0.512021219861833
Declaration Pomales
Declaration Rabinovitz
Rabinovitz file0.767930927491886
Declaration Rattay
Declaration Russell
Declaration Skinner
Declaration Tobias
Declaration Tosh
Declaration Welch
Declaration Werberg
Declaration Whorley
Declaration Wilson
US motion for stay, December 26, 2018
Little Sisters motion for extension of time to answer, December 26, 2018
| 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
Little Sisters opposition to preliminary injunction, January 3, 2019
Corrected Little Sisters opposition, 1/10
March for Life opposition to preliminary injunction, January 3, 2019
Supplemental administrative record, January 7, 2019
Oregon motion to intervene, with Rimberg declaration, January 7, 2019
US Women’s Chamber of Commerce amicus, lodged January 7, 2019
American Nurses Association amicus, lodged January 7, 2019
National Women’s Law Center amicus, lodged January 7, 2019
AAUW amicus, corrected version lodged January 8, 2019
Massachusetts amicus, finally filed January 11, 2019
Plaintiffs’ reply supporting preliminary injunction, January 8, 2018
Preliminary injunction order, January 13, 2019
Little Sisters notice of appeal, January 13, 2019
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
Order extending deadline, January 17, 2019
US non-response to Oregon motion to intervene, January 18, 2019
March for Life opposition to Oregon motion to intervene, January 22, 2019
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
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
Scope of briefing and record proposals — Little Sisters, February 12, 2019
Scope of briefing and record proposals — US, February 12, 2019
Scope of briefing and record proposals — March for Life, February 12, 2019
Scope of briefing and record proposals — plaintiff States, February 12, 2019
Oregon complaint in intervention and joinder in PI motion, February 21, 2019
US 9th Circuit opening brief, February 25, 2019
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
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
Texas et al amicus, March 4, 2019
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
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
Little Sisters op to Colorado intervention, March 28, 2019
Colorado intervention reply, April 4, 2019
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
ACLU amicus, April 19, 2019
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
Plaintiffs’ summary judgment motion, April 30, 2019
Oregon motion for preliminary injunction, April 30, 2019
US appellants’ reply brief, May 6, 2019
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
[Other amicus briefs]
California cert opposition, May 13, 2019
20190513132049849_No. 18-1192 Opposition for printing
US PI opposition, May 14, 2019
Little Sisters oppositions, May 14, 2019
US supplemental, May 20, 2019
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
Oregon PI reply, with declaration, May 21, 2019
9C plaintiffs’ additional authority (Mass. standing case), May 24, 2019
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
March for Life summary judgment opposition and motion to dismiss/motion for summary judgment, May 31, 2019
Little Sisters summary judgment opposition/motion to dismiss, etc., May 31, 2019
US apology for not attending hearing on intervention motion, June 7, 2019
Little Sisters apology for not attending hearing on intervention motion, June 7, 2019
March for Life apology for not attending hearing on intervention motion, June 7, 2019
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
Supreme Court Little Sisters Supplemental Brief, June 10, 2019
20190610135129183_No. 18-1192 Supplemental Brief
US letter re Third Circuit questions, June 14, 2019
States’ opposition/reply, July 1, 2019
[Many declarations]
Order extending injunction to Oregon, July 2, 2019
Plaintiffs’ additional authority (Third Circuit), July 16, 2019
LS response to additional authority, July 24, 2019
9C LS addl authority response (PA)
US reply, August 1, 2019
Little Sisters reply, August 1, 2019
March for Life reply, August 1, 2019
Plaintiffs’ sur-reply, August 15, 2019
| 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
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
“Notice of Development” (Penn. grant of cert), January 21, 2020
| 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
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
Order for briefs re scope of remand, August 13, 2020
US supplemental brief, August 28, 2020
California supplemental brief, August 28, 2020
March for Life supplemental brief, August 28, 2020
Little Sisters supplemental brief, August 28, 2020
Ninth Circuit remand order, October 8, 2020
Joint status report with proposed briefing schedule, October 19, 2020
Plaintiffs’ supplemental brief, November 4, 2020
Plaintiffs’ withdrawal of some claims, November 4, 2020
US supplemental brief, November 23, 2020
Little Sisters supplemental brief, November 24, 2020
March for Life supplemental brief, November 25, 2020
Plaintiffs’ supplemental reply brief, December 4, 2020
| 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
US motion to stay, March 1, 2021
| 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
Plaintiffs’ additional authority (Tandon v. Newsom), May 7, 2021
Plaintiffs’ additional authority (Fulton v. Philadelphia), July 2, 2021
US notice of intent to initiate rulemaking, August 17, 2021
| 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
[]
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
Status report, November 1, 2022
| 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
| 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
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
US motion for stay, February 5, 2020
Plaintiffs’ opposition to motion for stay, February 19, 2020
US motion for extension of time to answer, February 24, 2020
US reply supporting stay, February 26, 2020
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
Joint status report, July 22, 2020
| 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
Scheduling order, August 6, 2020
Second amended complaint, August 20, 2020
4071094-0–20221 merged_60447_-1-1597961311
Notre Dame motion to dismiss, September 21, 2020
U.S. motion to dismiss, September 21, 2020
Plaintiffs’ motion for Rule 16 conference, September 29, 2020
US opposition to motion for Rule 16 conference, October 9, 2020
US motion for partial summary judgment/dismissal, October 9, 2020
Notre Dame opposition to motion for Rule 16 conference, October 13, 2020
Plaintiffs’ reply supporting Rule 16 conference, October 14, 2020
Order denying Rule 16 conference, October 15, 2020
Opposition to US motion to dismiss, October 21, 2020
Plaintiffs’ motion to hold US motion for partial summary judgment in abeyance, November 2, 2020
US reply supporting motion to dismiss, November 5, 2020
Notre Dame reply supporting motion to dismiss, November 5, 2020
US response to abeyance motion, November 16, 2020
Plaintiffs’ reply supporting abeyance, November 20, 2020
Abeyance order, November 24, 2020
US notice of addl authority (Mass.), January 19, 2020
Order largely granting motion to dismiss, August 12, 2021
Joint motion for stay, August 24, 2021
Stay order, August 25, 2021
Status report, November 17, 2021
Status report, February 15, 2022
Status report, May 16, 2022
Status report, August 15, 2022
Status report, February 13, 2023
=========
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
Planned Parenthood amicus, September 24, 2018
Ernest A. Young amicus, October 16, 2018
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
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
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
US appellee brief, February 4, 2019
Commonwealth reply brief, February 25, 2019
Opinion, May 2, 2019
Amended complaint, July 8, 2019
Proposed scheduling order, July 18, 2019
Motion for summary judgment, memo, declarations, July 31, 2019
ACLU amicus, August 15, 2019
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
US reply, October 21, 2019
Plaintiff’s supplemental authority (Calif.), October 25, 2019
MAvT 2 pltf notice addl auth 9C
US consent motion for stay, February 5, 2020
Motion for stay “allowed,” February 7, 2020
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
US’s supplemental brief, November 6, 2020
Opinion, January 15, 2021
Judgment, January 19, 2021
Notice of appeal, January 27, 2021
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
[]
Stay order, December 16, 2022
==============
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
District court order vacating Little Sisters order, May 10, 2018
McElvain withdrawal, July 2, 2018
District court PA motion to lift stay, November 26, 2018
Federal non op to lifting stay and status conference 12/13, December 7, 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) |
| 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] |
| 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) |
| 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. |
| Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020. |
FRIDAY, JANUARY 17, 2020
) ) )
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.
| 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) |
| 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] |
| 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] |
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.
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
| 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) |
| 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) |
Opinion, August 17, 2022
Opinion, August 26, 2022
Nicholas Bagley, Remedial Restraint in Administrative Law, 117 Colum. L. Rev. 253 (2017)
Thomas W. Merrill, Article III, Agency Adjudication, and the Origins of the Appellate Review Model of Administrative Law, 111 Colum. L. Rev. 939 (2011)
Article III Agency Adjudication and the Origins of the Appellat
Mila Sohoni, The Power to Vacate a Rule, 88 Geo. Wash. L. Rev. 1121 (2020)
_____
| 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) |
| 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) |
Summary judgment opinion, 3/5/2018
Order, 3/15/2018
Order (on reconsideration), 8/21/2018
Final judgment, 7/30/2019
US opening brief, 11/20/19
AHIP amicus, 11/27/19
Plaintiffs’ appellee brief, 1/29/20
Wisconsin letter brief, 1/29/20
5C Wisconsin partial adoption of appellee brief
US reply/response brief, 2/28/20
Texas Kansas Louisiana reply brief, 3/20/20
Opinion, 7/31/2020
Texas petition for rehearing en banc, 9/14/2020
Order for response, 10/5/2020
US opposition to petition for rehearing en banc, 11/9/2020
Unopposed motion to file reply/reply, 11/13/2020
US opposition to motion to file reply, 11/14/2020
Opinion on panel rehearing, 2/12/2021
Judgment after rehearing, 2/12/2021
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
| Jun 07 2021 | Petition DENIED. |
| 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) |
| Aug 30 2021 | Response to application (21A24) requested by Justice Alito, due Tuesday, August 31, by 5 p.m. ET. |
| 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. |
| 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) |
| 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) |
| Oct 18 2021 | Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET. |
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.
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.
Opinion, August 26, 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) |
| 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) |
Summary judgment opinion, 3/5/2018
Order, 3/15/2018
Order (on reconsideration), 8/21/2018
Final judgment, 7/30/2019
US opening brief, 11/20/19
AHIP amicus, 11/27/19
Plaintiffs’ appellee brief, 1/29/20
Wisconsin letter brief, 1/29/20
5C Wisconsin partial adoption of appellee brief
US reply/response brief, 2/28/20
Texas Kansas Louisiana reply brief, 3/20/20
Opinion, 7/31/2020
Texas petition for rehearing en banc, 9/14/2020
Order for response, 10/5/2020
US opposition to petition for rehearing en banc, 11/9/2020
Unopposed motion to file reply/reply, 11/13/2020
US opposition to motion to file reply, 11/14/2020
Opinion on panel rehearing, 2/12/2021
Judgment after rehearing, 2/12/2021
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
| Jun 07 2021 | Petition DENIED. |
| 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) |
| Aug 30 2021 | Response to application (21A24) requested by Justice Alito, due Tuesday, August 31, by 5 p.m. ET. |
| 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. |
| 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) |
| 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) |
| Oct 18 2021 | Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET. |
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.
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.
Affordable Care Act Litigation 