TEXAS v. BECERRA
Texas v. Becerra, No. 7:23-cv-22 (W.D. Tex., filed Feb. 7, 2023)
Complaint
Amended complaint, February 10, 2023
Pharmacy amended complaint 2 10 23
US notice re defective service, February 24, 2023
TX pharma US notice defective service 2 24 23
Reissued summons, February 24, 2023
Amended complaint, February 28, 2023
US motion to dismiss, May 8, 2023
Click to access tx-us-ms-dism-5-8-23.pdf
Texas opposition, May 30, 2023
Click to access tx-tx-dism-op-5-30-23.pdf
[Reply due, 6/13, hearing, 6/29]
US reply, June 13, 2023
Click to access merged_92697_-1-1686689853.pdf
US notice re closing investigations, June 21, 2023
Click to access merged_31616_-1-1688411350.pdf
Plaintiffs’ response, June 26, 2023
Click to access merged_78465_-1-1688411438.pdf
Mayo notice (303 Creative), June 30, 2023
Click to access 28779560-0-3043.pdf
Memorandum opinion, July 12, 2023
Click to access 28821556-0-114422.pdf
Answer, July 26, 2023
Click to access 28897700-0-86117.pdf
Plaintiffs’ motion for summary judgment, September 15, 2023
Mayo Pharmacy supplemental memo, October 20, 2023
US summary judgment opposition/memo supporting cross-motion, October 20, 2023
Plaintiffs’ cross-motion opposition, November 3, 2023
| 01/26/2024 | 64 | Minute Entry for proceedings held before Judge David Counts: Motion Hearing held on 1/26/2024 re 50 Unopposed MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment : Unopposed Motion to Modify Briefing Schedule and for Other Relief filed by United States Department of Health and Human Services Office for Civil Rights, United States Department of Health and Human Services, Xavier Becerra, 49 MOTION for Summary Judgment filed by Mayo Pharmacy, Inc., The State of Texas, 55 MOTION for Summary Judgment and Opposition to Plaintiffs’ Motion for Summary Judgment filed by United States Department of Health and Human Services Office for Civil Rights, United States Department of Health and Human Services, Xavier Becerra (Minute entry documents are not available electronically). (Court Reporter Tamara Ross)(slt) (Entered: 01/26/2024) |
| Feb 16 2024 | SET FOR ARGUMENT on Wednesday, April 24, 2024. VIDED. |
| Feb 20 2024 | Brief of petitioners Mike Moyle, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 20 2024 | Brief of petitioner Idaho (in 23-727)filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 20 2024 | Joint appendix (Volumes 1 of 3) filed. |
| Main DocumentMain DocumentMain DocumentProof of Service | |
| Feb 22 2024 | Record requested from the United States Court of Appeals for the Ninth Circuit. |
| Feb 23 2024 | Brief amici curiae of Foundation for Moral Law, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 26 2024 | Brief amici curiae of Advancing American Freedom, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 26 2024 | Brief amicus curiae of Institute for Faith and Family filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER. |
| Feb 27 2024 | Brief amicus curiae of Manhattan Institute filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of 121 Members of Congress filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of National Right to Life Committee filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of States of Indiana and 21 other states filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of American Center for Law and Justice filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 27 2024 | Brief amicus curiae of Christian Medical & Dental Associations filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of Woman Hurt by Abortion filed. VIDED. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of Minnesota Family Council, Kansas Family Voice, and 24 Other Family Policy Organizations filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of Charlotte Lozier Institute filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of America’s Future, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of Prolife Center at the University of St. Thomas filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of The American Association of Pro-Life Obstetricians & Gynecologists filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Amicus brief of Stanton International submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 01 2024 | Motion of Mike Moyle, et al. for divided argument submitted. |
| Main DocumentProof of Service |
| Mar 18 2024 | Amicus brief of American Hospital Association, the Association of American Medical Colleges, and America’s Essential Hospitals submitted. |
| Main DocumentCertificate of Word CountProof of Service |
[Supplemental authority Fikre]
Opinion on mootness, April 5, 2024
+++
Letter from Republican AGs to Walgreens, February 1, 2023
Walgreeens letter to Alaska AG, February 21, 2023
2-21-23-letter-from-walgreens-re-mifepristone
Democratic Alaska legislators’ letter to Walgreens, March 6, 2023
Letter_to_Walgreens_ReAbortion_Medication_Signatures
Alaska AG letter, March 17, 2023
Alaska AG Press Release 3 17 23
===
TEXAS v. BECERRA
Texas v. Becerra, No. 5:22-cv-185 (N.D. Tex., filed July 14, 2022)
Complaint
Amended complaint, July 28, 2022
Plaintiffs’ motion for TRO/preliminary injunction, August 3, 2022
Order that plaintiffs serve defendants and work out proposed briefing schedule, August 4, 2022
TX v Becerra order for service and scheduling 8 4
Joint status report, August 9, 2022
Scheduling order, August 10, 2022
US response, 8/15; reply, 8/17; hearing, 8/18
California et al amicus, August 15, 2022
US motion to dismiss, memo in support/opposition to motion for TRO and preliminary injunction, appendix, August 15, 2022
TX v Becerra US ms dism tro pi op 8 15
American College of Emergency Physicians amicus, August 16, 2022
Notice of 8/18 1 pm CDT hearing, August 16, 2022
Plaintiffs’ reply supporting injunction, August 17, 2022
| 08/18/2022 | 56 | ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Evidentiary Hearing held on 8/18/2022. Argument from parties heard by Court. Attorney Appearances: Plaintiff – Charles Eldred, Amy Hilton, William Wassdorf, Ryan Bangert; Defense – Christopher Healy, Alexander Ely, Kate Talmor, Eric Beckenhauer. (Court Reporter: Mechelle Daniel) (No exhibits) Time in Court – 3:20. (chmb) (Entered: 08/18/2022) |
Thomas More Society amicus, August 18, 2022
[]
Catholic Bar Ass’n amicus, August 23, 2022
US motion for leave to file sur-reply, August 23, 2022
Order allowing sur-reply, August 23, 2022
Order denying US motion to dismiss and granting preliminary injunction, August 23, 2022
US motion for clarification, September 1, 2022
Order for response by 9/12, September 2, 2022
Joint status report, September 9, 2022
Plaintiffs’ opposition to motion for clarification, September 12, 2022
US reply re clarification, September 26, 2022
US answer, September 27, 2022
US notice of interlocutory appeal, October 21, 2022
Fifth Circuit # 22-11037
Order for jurisdictional briefing, October 28, 2022
TX v US order for jurisD br 10 28 22
Plaintiffs’ brief on jurisdiction, November 10, 2022
US brief on jurisdiction, November 10, 2022
Order denying motion for clarification, November 15, 2022
Order directing scheduling proposals, November 15, 2022
TX v US sched order order 11 15
Joint status report, December 9, 2022
Request for current appeal to be held in abeyance, December 13, 2022
5C TX v US abeyance rq 12 13 22
54(b) judgment, December 20, 2022
TX v US 54 b judgment 12 20 22
Stay order, December 22, 2022
Amended 54(b) judgment, January 13, 2023
Status report, January 23, 2023
5C TX v US status report 1 23 23
Unopposed motion to dismiss appeal, January 23, 2023
5C TX v US US unop mo dism 1 23 23
Dismissal, January 26, 2023
Notice of appeal (from amended 54(b) judgment), March 10, 2023
Fifth Circuit # 23-10246
US opening brief, May 1, 2023
5C TX v Becerra US OB appendix 5 1 23
American College of Emergency Physicians amicus, May 8, 2023
Click to access 5c-tx-v-becerra-acep-amicus-5-8-23.pdf
California et al amicus, May 8, 2023
Click to access 5c-tx-v-becerra-ca-amicus-5-8-23.pdf
Santa Clara County amicus, May 8, 2023
Click to access 5c-tx-v-becerra-santa-clara-amicus-5-8-23.pdf
Appellees’ brief, June 30, 2023
Click to access 5c-tx-v-becerra-appellee-br-6-30-23.pdf
Amicus, July 6, 2023
Click to access 5c-tx-v-us-life-ldf-amicus-7-6-23.pdf
Amicuses, July 7, 2023
Click to access 5c-tx-v-us-inst-faith-family-amicus-7-7-23.pdf
Click to access 5c-tx-v-us-inst-faith-family-amicus-7-7-23.pdf
Click to access 5c-tx-v-us-charlotte-lozier-inst-amicus-7-7-23.pdf
Click to access 5c-tx-v-us-am-united-for-life-amicus-7-7-23.pdf
Click to access 5c-tx-v-us-catholic-health-care-leadership-alliance-amicus-7-7-23.pdf
US reply brief, August 4, 2023
Click to access 5c-tx-v-becerra-us-rb-8-4-23.pdf
| 11/07/2023 | 130 | ORAL ARGUMENT HEARD before Judges Southwick, Engelhardt, Wilson. Arguing Person Information Updated for: Ryan L. Bangert arguing for Appellee American Association of Pro-Life Obstetricians & Gynecologists; Arguing Person Information Updated for: McKaye Lea Neumeister arguing for Appellant Xavier Becerra, Appellant Centers for Medicare and Medicaid Services, Appellant Karen L. Tritz, Appellant United States Department of Health and Human Services; Arguing Person Information Updated for: Natalie Deyo Thompson arguing for Appellee State of Texas [23-10246] (SME) [Entered: 11/07/2023 09:11 AM] |
Fifth Circuit opinion, January 2, 2024
State of Texas v. Becerra Docket No. 23-10246 (5th Cir. Mar 10 2023) Court Docket
US cert petition, No. 23-1076, April 3, 2024
Becerra v TX cert petition 4 2024
| Apr 30 2024 | Waiver of right of respondents American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations to respond filed. |
| Main Document | |
| May 03 2024 | Waiver of right of respondent The State of Texas to respond filed. |
| Main Document | |
| May 14 2024 | DISTRIBUTED for Conference of 5/30/2024. |
| May 20 2024 | Response Requested. (Due June 20, 2024) |
| May 23 2024 | Motion of respondent Texas to extend the time to file a response from June 20, 2024 to July 22, 2024, submitted to The Clerk. |
| Main Document | |
| May 23 2024 | Motion of respondents American Association of Pro-Life Obstetricians & Gynecologists, et al. to extend the time to file a response from June 20, 2024 to July 22, 2024, submitted to The Clerk. |
| Main Document | |
| May 28 2024 | The motions to extend the time to file responses are granted and the time is extended to and including July 22, 2024, for all respondents. |
| ul 09 2024 | Motion to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk. |
| Main Document | |
| Jul 12 2024 | Motion to extend the time to file a response is granted and the time is further extended to and including August 21, 2024, for all respondents. |
| Jul 12 2024 | Motion of respondents American Association of Pro-Life Obstetricians & Gynecologists, et al. to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk. |
| Main Document | |
| Jul 15 2024 | Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2024, for all respondents. |
| Aug 21 2024 | Brief of respondent Texas in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 04 2024 | DISTRIBUTED for Conference of 9/30/2024. |
| Sep 04 2024 | Reply of petitioners Xavier Becerra, Secretary of Health and Human Service, et al. filed. (Distributed) |
| Main DocumentProof of Service |
CMS notice, August 21, 2024
====
U.S. v. IDAHO
U.S. v. Idaho, No. 1:22-cv-329 (D. Idaho, filed August 2, 2022)
| 08/05/2022 | 13 | DOCKET ENTRY ORDER: In accordance with the agreement reached by the parties and discussed with the Court at an informal status conference, the following briefing schedule is ordered. The United States will file its motion for injunctive relief on Monday, August 8. The State of Idaho will file its response on Tuesday, August 16. The United States will file its reply brief by 12:00 pm MDT on Friday, August 19. The Court will have a hearing on the motion, which will be set by separate notice, on August 22. Signed by Judge B Lynn Winmill. (hgp) |
Order scheduling amicus filings, August 8, 2022
US v ID order re amicus filings 8 8
Idaho Legislature motion to intervene, and motion for expedited consideration, August 8, 2022
US motion for preliminary injunction, August 8, 2022
| 08/09/2022 | 18 | DOCKET ENTRY ORDER: The parties shall respond to the motion to intervene (Dkt. 15 ) by Wednesday, August 10, 2022. Signed by Judge B Lynn Winmill. (hgp) |
Amended scheduling order re amicus, August 9, 2022
US v ID amended amicus order 8 9
[Idaho response, 8/16; US reply, 8/19; hearing, 8/22]
Idaho nonopposition to Legislature intervention, August 10, 2022
US v ID ID IDL interv nonop 8 10
| 08/10/2022 | 22 | DOCKET ENTRY NOTICE OF HEARING regarding 17 Motion for Preliminary Injunction: A Motion Hearing is set for 8/22/2022 at 9:30 AM in Boise – Courtroom 2 before Judge B Lynn Winmill. (jlg) |
US opposition to Idaho Legislature intervention, August 10, 2022
| 08/11/2022 | 24 | DOCKET ENTRY ORDER: If the Idaho Legislature wishes to file its optional reply brief in support of its motion to intervene (filed at Dkt. 15), it must do so by 5:00 p.m. Mountain Time today, August 11, 2022. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mls) |
Idaho Legislature reply supporting intervention, August 11, 2022
Order on intervention, August 13, 2022
US opposition to live testimony, August 15, 2022
US v ID US op to live testimony 8 15
American Hospital Ass’n amicus, August 15, 2022
US v ID Am Hosp Assn amicus 8 15
Idaho Legislature support for live testimony, August 15, 2022
US v ID ID L support for live testimony 8 15
California amicus, August 15, 2022
Idaho letter saying it won’t need to present live testimony, August 15, 2022
US v ID ID no need for live T 8 15
American College of Emergency Physicians amicus, August 15, 2022
Idaho Legislature preliminary injunction opposition, August 16, 2022
Idaho opposition to preliminary injunction, August 16, 2022
Idaho Legislature motion to present legal arguments, August 17, 2022
US v ID IDL mo present arguments 8 17
Order denying evidentiary hearing, August 17, 2022
US v ID order denying ev h 8 18
American Center for Law and Justice amicus, August 17, 2022
| 08/17/2022 | 75 | DOCKET ENTRY ORDER: Before the Court is the Idaho Legislature’s Motion for Leave to File Legal Arguments 69 . Having considered the Legislature’s Motion, the Court declines at this juncture to modify the conditions it imposed in its earlier Order 27 allowing the Legislature to permissively intervene. Allowing the Legislature to file an additional brief past the deadline of the expedited briefing schedule would unduly prejudice the United States, which must file its reply brief by 12:00 pm MST, on August 19, 2022. In addition, the Legislatures total briefing would exceed not only the 15-page limit imposed by the Court but would also exceed the 20-page limit imposed by the Local Rules to which both the United States and the State of Idaho have adhered. IT IS THEREFORE ORDERED that the Legislature’s Motion for Leave to File Legal Arguments 69 is DENIED. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jsv) |
[]
US reply, August 19, 2022
[]
[Hearing, 8/22]
Idaho notice of additional authority (Texas), August 24, 2022
US v ID ID notice supp auth TX 8 24
Preliminary injunction opinion, August 24, 2022
Idaho Legislature motion for reconsideration, including memo, September 7, 2022
US notice of factual clarification, September 15, 2022
US v ID US factual clarif 9 15
US motion for extension of time to respond, September 15, 2022
Idaho Legislature partial opposition to extension, September 16, 2022
Idaho motion for reconsideration, September 21, 2022
Order granting extension of time, September 22, 2022
Idaho answer, September 23, 2022
Idaho nonopposition to Idaho Legislature motion for reconsideration, September 24, 2022
US v ID ID nonop to ID Leg recon 9 24
Idaho Legislature renewed motion to intervene, October 4, 2022
US v ID IDL renewed interv ms 10 4
US opposition to reconsideration, October 12, 2022
Joint motion to modify schedule, October 19, 2022
US v ID briefing sch mod 10 19
| 10/20/2022 | 108 | DOCKET ENTRY ORDER granting 107 Motion. Good cause appearing, the briefing schedule on the Legislature’s Renewed Motion to Intervene (Dkt. 105) is modified as follows: Responses shall be filed by October 20, 2022. The optional reply brief shall be filed by October 27, 2022. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mls)) |
US opposition to renewed Legislature motion to intervene, October 20, 2022
US v ID US op IDL interv 10 20
Idaho response to renewed Legislature motion to intervene, October 20, 2022
US v ID ID resp IDL interv 10 20
Idaho Legislature reconsideration reply, October 26, 2022
Idaho reconsideration reply, October 26, 2022
Idaho Legislature intervention reply, October 27, 2022
Idaho Legislature request for rulings, November 17, 2022
US v ID IDL rq for ruling 11 17 22
Idaho request for supplemental briefing, January 13, 2023
US v ID ID req supp br 1 13 23
Idaho request for stay, January 13, 2023
Idaho Legislature joinder, January 13, 2023
| 01/24/2023 | 122 | DOCKET ENTRY ORDER granting 119 State of Idaho’s Motion for Permission to File Supplemental Briefing on the State’s pending motion for reconsideration 101 . The State of Idaho may file a supplement brief in support of its motion for reconsideration not to exceed 10 pages no later than February 6, 2023. As the Idaho Legislature has joined in the motion, it may also file a separate brief in support of its motion for reconsideration not to exceed 10 pages by February 6, 2023. In response, the United States of America may file two briefs responding to each supplemental brief filed by the State and the Legislature not to exceed ten pages each, or one omnibus response brief not to exceed 20 pages by February 21, 2023. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jsv) |
| 01/24/2023 | 123 | DOCKET ENTRY ORDER: IT IS ORDERED that 120 the State of Idaho’s Motion to Stay Issuance of a Decision is GRANTED. The Court will not issue a decision on the pending motions to reconsider until the supplemental briefing has been completed on February 21, 2023, and the Court has had adequate time to consider the additional argument. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jsv) |
Order denying Legislature intervention, February 4, 2023
Idaho motion for reconsideration and supporting documents, February 6, 2023
US v ID IDL supplemental 2 6 23
US v ID ID supplemental 2 6 23
US v ID ID judicial notice rq 2 6 23
US opposition to reconsideration, February 21, 2023
Notice of appeal, March 2, 2023
US v ID notice of appeal 3 2 23
Ninth Circuit # 23-35153
| 05/04/2023 | 134 | DOCKET ENTRY ORDER granting 128 the State of Idaho’s Request to Take Judicial Notice, under Federal Rule of Evidence 201, that the Idaho Supreme Courts Planned Parenthood decision released January 5, 2023, Dkt. 119-2, is now final. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jsv) |
Order denying reconsideration, May 4, 2023
Click to access 06312748848.pdf
Appellants’ intervention brief, and excerpts, July 12, 2023
Click to access 9c-us-v-id-idl-ob-7-12-23.pdf
Click to access 9c-us-v-id-idl-excerpts-7-12-23.pdf
Idaho Legislature opening brief, and excerpts, August 7, 2023
9C Idaho EMTALA ID L OB 8 7 23
9C Idaho EMTALA ID L appendix 8 7 23
Idaho opening brief, and excerpts, August 7, 2023
9C Idaho EMTALA ID appendix 8 7 23
American Center on Law and Justice amicus, August 14, 2023
9C Idaho EMTALA ACLJ amicus 8 14 23
Indiana et al amicus, August 14, 2023
9C Idaho EMTALA IN amicus 8 14 23
Idaho Legislature motion to stay, August 22, 2023
9C Idaho EMTALA ID L mo stay 8 22 23
Appellees’ intervention brief, and excerpts, August 29, 2023
9C PP v ID appellee br 8 29 23
9C PP v ID appellee excerpts 8 29 23
US stay opposition, September 1, 2023
9C Idaho EMTALA US stay op 9 1 23
Idaho Legislature stay reply, September 8, 2023
9C Idaho EMTALA ID L stay reply 9 8 23
US appellee brief, and excerpts, September 8, 2023
9C Idaho EMTALA US appellee brief 9 8 23
9C Idaho EMTALA US appellee appendix 9 8 23
California amicus, September 15, 2023
9C Idaho EMTALA CA amicus 9 15 23
Santa Clara County amicus, September 15, 2023
9C Idaho EMTALA Santa Clara County amicus 9 15 23
Am. College of OB and GYN amicus, September 19, 2023
9C Idaho EMTALA ACOG amicus 9 19 23
Stay opinion, September 28, 2023
Reply brief, September 29, 2023
US emergency motion for reconsideration, September 30, 2023
9C Idaho EMTALA US stay recon mo 9 30 23
Order setting briefing deadlines, September 30, 2023
9C Idaho EMTALA recon scheduling order 9 30 23
Idaho Legislature reconsideration opposition, October 4, 2023
9C Idaho EMTALA ID L recon op 10 4 23
Idaho reconsideration opposition, October 4, 2023
9C Idaho EMTALA ID recon op 10 4 23
US motion for leave to file reply, reply, October 5, 2023
9C Idaho EMTALA US recon reply 10 5 23
En banc order, October 10, 2023
Idaho Legislature motion to expedite, November 1, 2023
9C Idaho EMTALA ID L expedite mo 11 1 23
US response to motion to expedite, November 2, 2023
9C Idaho EMTALA US expediting response 11 2 23
Opinion vacating stay, November 13, 2023
9C Idaho EMTALA stay denial order 11 13 23
Idaho Legislature U.S. Supreme Court stay motion, November 20, 2023 (23A469)
Click to access 20231120111420436_Moyle%20v.%20United%20States_Application.pdf
Idaho U.S. Supreme Court stay motion, November 20, 2023 (23A470)
Click to access 20231120154722276_2023-11-20%20Motion%20with%20Appendix.pdf
IDAHO SCOTUS EMERGENCY STAY APPLICATION EMTALA RULING
| Nov 27 2023 | Response to application (23A469) requested by Justice Kagan, due November 30, 2023, by 3 p.m. EST |
| Nov 27 2023 | Response to application (23A470) requested by Justice Kagan, due November 30, 2023, by 3 p.m. EST. |
| Nov 27 2023 | Amicus brief of Institute for Faith and Family submitted. |
| Main DocumentProof of Service | |
| Nov 27 2023 | Amicus brief of Catholic Health Care Leadership Alliance, Catholic Bar Association, and Catholic Benefits Association submitted. |
| Main DocumentProof of Service | |
| Nov 27 2023 | Amicus brief of States of Indiana, Alabama, Alaska, Arkansas, Florida, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming submitted. |
| Main DocumentProof of Service | |
| Nov 27 2023 | Amicus brief of Advancing American Freedom, Inc. submitted. |
| Main DocumentProof of Service | |
| Nov 29 2023 | Amicus brief of St. Luke’s Health System, Ltd. submitted. |
| Main DocumentProof of Service |
| Nov 30 2023 | Response of United States to application submitted. |
| Proof of ServiceMain Document |
| Dec 01 2023 | Reply of State of Idaho in support of application submitted. |
| ReplyProof of Service |
| Jan 03 2024 | Notice of Supplemental Authority of State of Idaho submitted. |
| Main Document |
Order, January 5, 2024
| Jan 05 2024 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-726. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-726. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Jan 18 2024 | The joint appendix and petitioners’ briefs on the merits are to be filed on or before Tuesday, February 20, 2024. Respondent’s brief on the merits is to be filed on or before Thursday, March 21, 2024. Reply briefs, if any, are to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, April 12, 2024. VIDED. |
| Feb 16 2024 | SET FOR ARGUMENT on Wednesday, April 24, 2024. VIDED. |
| Feb 20 2024 | Brief of Mike Moyle, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Feb 20 2024 | Brief of petitioner Idaho (as to 23-727) filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 20 2024 | Joint appendix (Volumes 1 of 3) filed. VIDED |
| Main DocumentMain DocumentMain DocumentProof of Service | |
| Feb 22 2024 | Record requested from the United States Court of Appeals for the Ninth Circuit. |
| Feb 23 2024 | Brief amici curiae of Foundation for Moral Law, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 26 2024 | Brief amici curiae of Advancing American Freedom, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 26 2024 | Brief amicus curiae of Institute for Faith and Family filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER. |
| Feb 27 2024 | Brief amicus curiae of Manhattan Institute filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of 121 Members of Congress filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of National Right to Life Committee filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of States of Indiana and 21 other states filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of American Center for Law and Justice filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 27 2024 | Brief amicus curiae of Christian Medical & Dental Associations filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of Woman Hurt by Abortion filed. VIDED. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of Minnesota Family Council, Kansas Family Voice, and 24 Other Family Policy Organizations filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of Charlotte Lozier Institute filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amici curiae of America’s Future, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of Prolife Center at the University of St. Thomas filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of The American Association of Pro-Life Obstetricians & Gynecologists filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of Stanton International (Mar. 6, 2024) filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 01 2024 | Motion for divided argument filed by petitioners Mike Moyle, et al. VIDED. |
| Main DocumentProof of Service | |
| Mar 14 2024 | Brief amicus curiae of St. Luke’s Health System, Ltd. filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 18 2024 | Brief amici curiae of American Hospital Association, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service |
+++
St. Luke’s amicus brief, March 14, 2024
20240314104215197_23-726 23-727 bsac SLHS
US brief, March 21, 2024
20240321205817124_23-726bsUnitedStates
| Mar 27 2024 | Amicus brief of Public Citizen submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 27 2024 | Amicus brief of U.S. Women’s Chamber of Commerce and Other Businesses submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 27 2024 | Amicus brief of Dr. Caitlin Bernard, Dr. Lauren Miller, Dr. Leilah Zahedi-Spung, and Dr. Nikki Zite submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Mar 28 2024 | Amicus brief of Physicians for Reproductive Health submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of Professors Kent Greenfield, Adam Steinman, Julie C. Suk, and Joseph Thai submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of National Network of Abortion Funds submitted. |
| Main DocumentMain DocumentMain Document | |
| Mar 28 2024 | Amicus brief of 258 Members of Congress submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Mar 28 2024 | Amicus brief of American Public Health Association, Robert Wood Johnson Foundation, Network for Public Health Law, American Medical Women’s Association, and 133 Deans and Scholars submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Mar 28 2024 | Amicus brief of Chicago Abortion Fund submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of Local Prosecutors and Law Enforcement Leaders submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Mar 28 2024 | Amicus brief of Amnesty International, Global Justice Center, Human Rights Watch, and The Ipas Impact Network submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of American College of Obstetricians and Gynecologists, American College of Emergency Physicians, American Medical Association, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of Professor David S. Cohen, Professor Greer Donley, and Dean Rachel Rebouche submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of Amanda Zurawski, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Mar 28 2024 | Amicus brief of County Of Santa Clara and 12 Other Cities and Counties submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 28 2024 | Amicus brief of Legal Scholars submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of Former HHS Officials submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of Idaho Coalition for Safe Healthcare, Inc. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of National Women’s Law Center, et al. submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 28 2024 | Amicus brief of Disability Rights Advocates and Scholars submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 28 2024 | Amicus brief of American Civil Liberties Union and ACLU of Idaho submitted. |
| Main DocumentProof of ServiceCertificate of Word Count |
| Mar 28 2024 | Amicus brief of Physicians for Human Rights submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of Pregnancy Justice, New York University School of Law Reproductive Justice Clinic, and If/When/How submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2024 | Amicus brief of Sanctuary for Families and 16 Other Organization submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Mar 28 2024 | Amicus brief of States of California, New York, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Apr 11 2024 | Reply of Mike Moyle, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Apr 12 2024 | Reply of Idaho submitted. |
| Main DocumentCertificate of Word CountProof of Service |
4/12/2024
23-726
23-727
)
)
)
MOYLE, MIKE, ET AL. V. UNITED STATES
IDAHO V. UNITED STATES
The motion of petitioners in No. 23-726 for divided argument
is denied.
+++
Oral argument transcript, Murthy v. Missouri, March 18, 2024
Unofficial mis-posted opinion, June 26, 2024
Moyle cert dism improv G from Bloomberg 6 26 24
Boyer v. Louisiana, 569 U.S. 238 (2013)
Opinion, sort of, June 27, 2024
23-726 Moyle v. United States (06_27_2024)
[]
Ninth Circuit scheduling order, August 5, 2024
Moyle opening brief, September 13, 2024
Idaho opening brief, September 13, 2024
Pro-Idaho amicus briefs
9C Idaho EMTALA Manhattan Inst amicus 9 18 24
9C Idaho EMTALA Americas Future amicus 9 19 24
9C Idaho EMTALA NC Values Inst amicus 9 19 24
9C Idaho Life LDF amicus 9 19 24
9C Idaho EMTALA ACLJ amicus 9 20 24
9C Idaho EMTALA Prolife Ctr U St T amicus 9 20 24
9C Idaho MN Family Council amicus 9 20 24
9C Idaho Women Hurt by Abortion amicus 9 20 24
9C Idaho Adv Am Freedom amicus 9 20 24
9C Idaho Am Assn Pro Life OB GYN amicus 9 20 24
9C Idaho Charlotte Lozier amicus 9 20 24
9C Idaho Natl Right to Life amicus 9 20 24
US appellee brief, and supplemental excerpts, October 15, 2024
9C ID US supp xcerpts record 10 15 24
Pro-US amicus briefs
9C ID St Lukes amicus 10 14 24
9C ID Former HHS Officials amicus 10 22 24
9C ID Public Citizen amicus 10 22 24
9C ID 259 Members of Congress amicus 10 22 24
9C ID Santa Clara County amicus 10 22 24
9C ID Global Justice Center amicus 10 22 24
9C ID Phys Repro Health amicus 10 22 24
9C ID Phys Human Rights amicus 10 22 24
Idaho Legislature reply brief, November 5, 2024
Idaho reply brief, November 5, 2024
| 12/10/2024 | 280 | ARGUED AND SUBMITTED TO MARY H. MURGUIA, RONALD M. GOULD, CONSUELO M. CALLAHAN, MILAN D. SMITH, JR., JOHN B. OWENS, ERIC D. MILLER, DANIEL A. BRESS, DANIELLE J. FORREST, LAWRENCE VANDYKE, LUCY H. KOH and SALVADOR MENDOZA, JR.. The audio and video recordings of this hearing are available on our website at http://www.ca9.uscourts.gov/media/. [12916765] [23-35440, 23-35450] (BG) [Entered: 12/10/2024 03:18 PM] |
[District court agreement to dismiss]
Parties’ agreement, March 5, 2025
9C agreement re dismissal 3 5 25
Order, March 13, 2025
===
IDAHO, ST. LUKE’S HOSPITAL EMTALA CASE
St. Luke’s Health System v. Labrador, No. 1:25-cv-15 (D. Idaho, filed Jan. 14, 2025)
Complaint
St Lukes EMTALA complaint 1 14 25
Motion fMarcor preliminary injunction, January 14, 2025
Motion to expedite, January 14, 2025
Motion to consolidate with U.S. v. Idaho, January 14, 2025
St Lukes mo consolidate 1 14 25
Order declining to expedite consideration, January 15, 2025
St Lukes order re expediting 1 15 25
[]
Memorandum opinion, March 20, 2025
St Luke’s memorandum opinion 3 20 25
===
Federal guidance, July 11, 2022
+++
===
SB 8 AT THE SUPREME COURT: CERT BEFORE JUDGMENT TIMES TWO
Whole Woman’s Health opinion, December 10, 2021
U.S. v. Texas improvidently granted order, December 10, 2021
Whole Woman’s Health motion for immediate issuance, 21A220, December 13, 2021
20211214115048892_21A220 Application
Carlton and others opposition, December 13, 2021
20211214121700140_21A220 Opposition
Whole Woman’s Health reply, December 14, 2021
20211214135702223_SCOTUS reply ISO application to issue mandate forthwith
Letter from applicants, December 14, 2021
20211214200455746_SCOTUS letter re reply ISO application
Dickson opposition, December 14, 2021
| Dec 16 2021 | Application (21A220) for an order to issue the judgment forthwith granted by Justice Gorsuch, and the judgment is issued to the United States Court of Appeals for the Fifth Circuit. |
=====
Whole Woman’s Health v. Jackson, No. 1:21-cv-616 (W.D. Tex.), No. 21-50792 (5th Cir.), Supreme Court No. 21-463
Order, October 22, 2021
U.S. v. Texas, No. 1:21-cv-796 (W.D. Tex.), No. 21-50949, Supreme Court No. 21-578
Order, October 22, 2021
Respondents’ motion for divided argument in Whole Woman’s Health, October 25, 2021
Texas motion for divided argument in U.S. v. Texas, October 25, 2021
BRIEFING — PARTIES’ BRIEFS
Clarkston opening brief in Whole Woman’s Health, October 27, 2021
Dickson opening brief in Whole Woman’s Health, October 27, 2021
Intervenor-respondents’ opening brief in U.S. v. Texas, October 27, 2021
Texas and Texas officials’ opening brief in both cases, October 27, 2021
Clarkston reply brief in Whole Woman’s Health, October 29, 2021
Dickson reply brief in Whole Woman’s Health, October 29, 2021
Texas and Texas officials’ reply brief in both cases, October 29, 2021
US opening brief in U.S. v. Texas, October 27, 2021
Whole Woman’s Health opening brief in Whole Woman’s Health, October 27, 2021
US reply brief in U.S. v. Texas, October 29, 2021
Whole Woman’s Health reply brief in Whole Woman’s Health, October 29, 2021
BRIEFING — AMICUS BRIEFS
In Whole Woman’s Health
California ProLife Council amicus, 10/25
Constitutional Accountability Center amicus, 10/27
Constitutional Law Scholars amicus, 10/27
Firearms Policy Coalition amicus, 10/27
Lamporello amicus, 10/26
Lawyers’ Committee for Civil Rights Under Law amicus, 10/27
NAACP Legal & Ed. Defense Fund amicus, 10/27
In U.S. v. Texas
American Bar Ass’n amicus, 10/27
Blanca Telephone Co. amicus, 10/27
Boyle amicus, 10/27
Constitutional Accountability Center amicus, 10/27
410 Texas Women Injured by Abortion amicus, 10/27
Indiana et al amicus, 10/27
Litman amicus, 10/27
Planned Parenthood amicus, 10/27
In both cases
American Center for Law and Justice amicus, 10/27
Becket Fund amicus, 10/26
Leading Medical Organizations amicus, 10/26
Life Legal Defense Fund amicus, 10/27
Local Governments amicus, 10/27
Massachusetts et al amicus, 10/27
128 Current and Former Prosecutors amicus, 10/27
Texas Medical Ass’n amicus, 10/27
xxxxx
Before Cert Before Judgment Day, there were the private enforcement case and the U.S. enforcement case.
THE TEXAS ABORTION PRIVATE ENFORCEMENT CASE
Whole Woman’s Health v. Jackson, No. 1:21-cv-616 (W.D. Tex., filed July 13, 2021)
Complaint, and exhibit
Memorandum in support of motion for summary judgment, July 13, 2021
[Exhibits]
Motion to certify defendant classes, July 16, 2021
Motion re status conference, July 23, 2021
Defendants’ motion to stay summary judgment and class certification, July 27, 2021
Plaintiffs’ opposition to stay, July 28, 2021
Order for August 4 conference, July 28, 2021
Defendant Clarkson’s opposed request for extension, July 30, 2021
Defendants’ reply supporting stay, July 30, 2021
Plaintiffs’ opposition to defendant Clarkston’s extension request, August 3, 2021
Scheduling order, August 3, 2021
State agency motion to dismiss, August 4, 2021
Jackson motion to dismiss, August 4, 2021
Dickson motion to dismiss, August 5, 2021
Clarkston motion to dismiss, August 5, 2021
Motion for reconsideration of scheduling order, August 6, 2021
Plaintiffs’ motion for preliminary injunction, August 7, 2021
Defendants’ motion to expedite reconsideration, August 8, 2021
Plaintiffs’ opposition to motion for reconsideration, August 8, 2021
Plaintiffs’ opposition to state agency defendants’ motion to dismiss, August 11, 2021
Plaintiffs’ opposition to Dickson motion to dismiss, August 11, 2021
Amended scheduling order, August 11, 2021
| 08/12/2021 | Text Order MOOTING 52 Motion for Reconsideration entered by Judge Robert Pitman. In light of the revised scheduling order, Dkt. 60, and State Defendants’ notice, Dkt. 58, that they “intend to follow the revised briefing schedule,” IT IS ORDERED that this motion is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) (Entered: 08/12/2021) |
Order for 8/30 preliminary injunction hearing, August 12, 2021
Plaintiffs’ opposition to Jackson/Clarkston motion to dismiss, August 12, 2021
State agency defendants’ reply supporting dismissal, August 13, 2021
Dickson reply supporting dismissal, August 13, 2021
Clarkston motion for excess pages and reply supporting dismissal, August 13, 2021
Jackson reply supporting dismissal, August 13, 2021
Clarkston dismissal reply as filed, August 16, 2021
Dickson opposition to preliminary injunction, August 16, 2021
Dickson motion to strike motion for preliminary injunction, August 16, 2021
Defendants’ motion for in person hearing, August 18, 2021
Clarkston opposition, August 18, 2021
State defendants’ opposition, August 18, 2021
Plaintiffs’ reply supporting injunction, including motion to exceed page limits, August 19, 2021
Order for in-person hearing, August 20, 2021
Plaintiffs’ opposition to motion to strike, August 23, 2021
Jackson opposition to class certification, August 25, 2021
Clarkston opposition to class certification, August 25, 2021
Order denying motions to dismiss, August 25, 2021
Notice of appeal, August 25, 2021
Defendants’ motion to stay, August 26, 2021
Defendants’ notice to the court, August 26, 2021
Plaintiffs’ opposition to stay, August 26, 2021
Defendants’ reply supporting stay, August 26, 2021
Order on stay motions, August 27, 2021
Scheduling order, August 27, 2021
Fifth Circuit # 21-50792
Not clear which got filed first: here is a set of Fifth Circuit pleadings and orders from 8/27
Emergency motion for stay, with appendix, No. 21-5, August 27, 2021
Plaintiffs’ letter, August 27, 2021
Plaintiffs’ emergency motion to expedite appeal, with appendix, August 27, 2021
Defendants’ letter re district court partial stay, August 27, 2021
Plaintiffs’ letter updating Circuit, August 27, 2021
Defendants’ opposition to expediting appeal, August 27, 2021
Plaintiffs’ motion to dismiss Dickson appeal and opposition to stay, with appendix, August 27, 2021
Plaintiffs’ reply supporting expediting appeal, August 27, 2021
Dickson letter, August 27, 2021
Second Dickson letter, August 27, 2021
Order, August 27, 2021
Plaintiffs’ motion for injunction pending appeal, August 29, 2021
Plaintiffs’ motion to lift stay, with appendix, August 29, 2021
Order, August 29, 2021
Order cancelling preliminary injunction hearing, August 29, 2021
Plaintiffs’ application for writ or order vacating stays, No. 21A24, August 30, 2021
| Aug 30 2021 | Response to application (21A24) requested by Justice Alito, due Tuesday, August 31, by 5 p.m. ET. |
Defendants’ opposition to dismissing Dickson appeal, reply supporting stay, August 31, 2021
Defendants’ Supreme Court opposition, August 31, 2021
Defendant Dickson’s Supreme Court opposition, August 31, 2021
Plaintiffs’ Supreme Court reply, August 31, 2021
Supreme Court opinions, September 1, 2021
Fifth Circuit order, September 10, 2021
Plaintiffs’ petition for certiorari before judgment, with appendix, September 23, 2021
Plaintiffs’ motion to expedite, September 23, 2021
No. 21-463
| Oct 18 2021 | Petitioners’ motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondents are directed to file a response to the petition on or before noon on Thursday, October 21, 2021. |
Defendants’ opposition to cert before judgment, October 21, 2021
Firearms Policy Coalition amicus, October 21, 2021
Conditional cross-petitions, filed October 21 and 22, 2021
Texas:
Dickson:
Clarkston:
Order, October 22, 2021
Order, October 22, 2021
[]
AFTER THE REMAND
Motion to certify question to Supreme Court of Texas, December 16, 2021
| 12/17/2021 |  3 pg, 127.46 KB |
COURT ORDER: The panel to which this case is now assigned ORDERS that a response to issues covered by the appellants’ Motion to Certify to the Supreme Court of Texas or, Alternatively, to set a Briefing Schedule, must be expedited and the filing deadline is close of business on December 23, 2021 [9736560-2]. Response/Opposition due on 12/23/2021. [21-50792] (DLJ) [Entered: 12/17/2021 06:26 PM] |
Opposition to certification, December 22, 2021
Reply (including motion for leave to file), December 23, 2021
Order for oral argument, with dissent, December 27, 2021
[motion for reconsideration]
Order denying motion for reconsideration, December 30, 2021
Opinion re certification, January 17, 2022
Supreme Court order in No. 21-962, January 20, 2022
Notice from Texas Supreme Court re briefing schedule, January 26, 2022
Texas Supreme Court opinion, March 11, 2022
Texas letter re Texas Supreme Court opinion, March 15, 2022
[remand
[unopposed motion to dismiss in part
======
U.S. v. TEXAS
U.S. v. Texas, No. 1:21-cv-796 (W.D. Tex., filed Sept. 9, 2021)
Complaint
| 09/09/2021 | Remark: The original random judge assignment to Judge Yeakel was voided due to clerical error. Based on the related case information provided in the civil cover sheet, the case has been directly assigned to Judge Pitman. (kc). (Entered: 09/09/2021) |
US motion for TRO, preceded by leave to exceed page limits request, September 14, 2021
Massachusetts and other states’ amicus, September 15, 2021
Scheduling order, September 15, 2021
Plaintiff’s proposed schedule, September 15, 2021
Order denying US motion to expedite and keeping hearing at 10/1, September 16, 2021
Texas motion for expedited discovery, September 20, 2021
Texas motion for expedited consideration of its discovery motion, September 20, 2021
Order partly granting expedited consideration, September 21, 2021
US opposition to expedited discovery, September 22, 2021
Order cancelling discovery hearing, September 22, 2021
Graham and others motion to intervene, September 22, 2021
Graham and others motion to expedite, September 23, 2021
Stilley motion to intervene, September 24, 2021
Order partly granting motion to expedite re intervention, September 24, 2021
Withdrawal of motion to expedite discovery, September 24, 2021
Stilley motion to expedite, September 27, 2021
Texas motion for in-person hearing, September 27, 2021
US response to motions to intervene, September 28, 2021
US response to motion for in-person hearing, September 28, 2021
Order granting motions to intervene, September 28, 2021
Order denying in-person hearing, September 28, 2021
Texas response to preliminary injunction motion, with appendix, September 29, 2021
Intervenors’ response to preliminary injunction motion, September 29, 2021
Court’s deficiency notice to Texas, September 29, 2021
Intervenors’ motion for reconsideration, September 29, 2021
US opposition to reconsideration, September 30, 2021
Intervenors’ reply supporting reconsideration, with e-mail exchanges, September 30, 2021
Order denying motion for reconsideration, September 30, 2021
Texas motion to dismiss, September 30, 2021
US reply supporting preliminary injunction, October 1, 2021
Preliminary injunction opinion, October 6, 2021
Texas notice of appeal, October 6, 2021
Intervenors’ notice of appeal, October 6. 2021
Fifth Circuit # 21-50949
Texas notice re notice of injunction, October 7, 2021
| 10/08/2021 | Text Order GRANTING 74 Defendant’s Notice/Motion Regarding Compliance with the Preliminary Injunction Order 68 entered by Judge Robert Pitman. Given the State’s representation that the Office of Court Administration “has used this method to notify state courts and clerks of emergency orders relating to court administration[,]” (Dkt. 74, at 1), the Court approves of the method of dissemination proposed by the State, and trusts that the State will continue to comply with all aspects of its Order Granting Preliminary Injunction 68 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) (Entered: 10/08/2021) |
Texas motion for stay, etc., October 8, 2021
Intervenors’ motion for stay, etc., October 8, 2021
Fifth Circuit administrative stay, October 8, 2021
Constitutional Accountability Center amicus, October 11, 2021
Leading Medical Organizations amicus, October 11, 2021
Law Professors’ amicus, October 11, 2021
Planned Parenthood amicus, October 11, 2021
US oppostion to stay, October 11, 2021
Court’s request that Texas file reply by 10/14 noon CDT, October 12, 2021
Texas Medical Ass’n amicus, October 13, 2021
Indiana et al amicus, October 13, 2021
Texas reply supporting stay, October 14, 2021
Intervenors’ reply supporting stay, October 14, 2021
Stay order, October 14, 2021
US application to vacate stay, No. 21A85, October 18, 2021
| Oct 18 2021 | Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET. |
Massachusetts et al amicus, October 18, 2021
Planned Parenthood amicus, October 18, 2021
Leading Medical Organizations amicus, October 19, 2021
Ad Law, Con Law, and Civ Pro Scholars amicus, October 19, 2021
Constitutional Accountability Center amicus, October 19, 2021
Current and Former Prosecutors amicus, October 19, 2021
Texas Medical Ass’n amicus, October 19, 2021
Litman et al amicus, October 19, 2021
Human Coalition amicus, October 20, 2021
Texas opposition, October 21, 2021
Indiana et al amicus, October 21, 2021
Intervenors’ opposition, October 21, 2021
US reply, October 22, 2021
Order, October 22, 2021
Order, October 22, 2021
[US motion to remand, Texas opposition, order carrying motion with the case, Texas opening brief due 3/2?]
Texas opening brief, May 2, 2022
States’ amicus brief, May 9, 2022
Unopposed Texas motion to dismiss appeal, September 22, 2022
Clerk order, September 23, 2022
======
Van Stean v. Texas Right to Life, Cause No. D-1-GN-21-004179 (Travis Co. Dist. Ct., 98th Dist.)
Order, December 9, 2021
===
North Texas Legal Access Fund v. Thomas More Society, No. 1:22-cv-1399 (N.D. Ill., filed March 16, 2022)
Complaint
Motion to dismiss, April 21, 2022
=====
Alliance for Hippocratic Medicine v. FDA, No. 2:22-cv-223 (N.D. Tex., filed Nov. 17, 2022)
Motion, memo, appendix for injunction, November 18, 2022
Joint scheduling request, December 2, 2022
1/13; 2/10?
Scheduling order, December 8, 2022
[]
Joint page limit extension request, December 27, 2022
Chattanooga Nat’l Memorial for the Unborn amicus, January 9, 2023
Intervenor Danco Labs’ opposition, January 13, 2023
US opposition, January 13, 2023
Order for briefing on consolidating injunction and merits, February 3, 2023
Order allowing Danco permissive intervention, February 6, 2023
Doctors for America amicus, February 9, 2023
Order re Danco briefing (plaintiff reply due 2/24), February 9, 2023
American Center for Law and Justice amicus, February 10, 2023
Missouri amicus, February 10, 2023
Human Coalitiion amicus, February 10, 2023
Mississippi et al amicus, February 10, 2023
Ethics and Public Policy Center amicus, February 10, 2023
Life Collective amicus, February 10, 2023
New York et al amicus, February 10, 2023
Family Research Council amicus, February 10, 2023
Judicial Watch amicus, February 10, 2023
Advancing American Freedom amicus, February 10, 2023
Alliance brief supporting consolidation, February 10, 2023
Food and Drug Law Scholars amicus, February 10, 2023
Alliance reply supporting preliminary injunction, with appendix, February 10, 2023
Catholic Bar Ass’n amicus motion and brief, February 10, 2023
67 Members of Congress amicus motion, brief, appendix, February 10, 2023
Texas Business Leaders amicus, February 10, 2023
Danco position on consolidation, February 10, 2023
Charlotte Lozier Institute amicus, February 10, 2023
US objection to consolidation, February 10, 2023
Reply rescheduling order, February 13, 2023
Coalition for Jewish Values joinder, February 17, 2023
Ethics and Public Policy Center amicus, February 21, 2023
Arizona joinder in New York amicus, February 21, 2023
Order declining to consolidate preliminary injunction and merits proceedings, February 21, 2023
Plaintiffs’ reply supporting preliminary injunction, with appendix, February 24, 2023
| 03/10/2023 | 128 | ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Telephone Conference held on 3/10/2023. Written Order to follow. Attorney Appearances: Plaintiff – Erik Baptist/Erin Hawley; Defense – Noah Katzen/Julie Straus Harris/Kate Talmor Intervenor – Jessica Ellsworth/Catherine Stetson/Ryan Patrick Brown/Kaitlyn Golden. (Court Reporter: Todd Anderson) (No exhibits) Time in Court – :31. (vls) (Entered: 03/13/2023) |
Transcript of scheduling hearing, March 10, 2023
Media objection to non-docketing of scheduling information, March 13, 2023
Scheduling order identifying issues for hearing, March 13, 2023
| 03/14/2023 | 134 | NOTICE OF AUDIO STREAM AVAILABILITY: The audio broadcast for the hearing on Plaintiffs’ Motion for Preliminary Injunction set for Wednesday, March 15, 2023 at 9:00 AM will be live-streamed in the Dallas Division of the Northern District of Texas, located at 1100 Commerce Street, Courtroom 1351, Dallas, TX 75242. No electronic devices will be permitted in the courtroom. No recording devices will be permitted in the courtroom. It is impermissible under Judicial Conference Policy and local rules of the court (see LCR 83.18 and Miscellaneous Order No. 63) to record or rebroadcast court proceedings. Violators will be subject to sanctions. (ctf) (Entered: 03/14/2023) |
| 03/15/2023 | 135 | ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Motion Hearing held on 3/15/2023 re 6 Motion for Injunction. Written Order to follow. Attorney Appearances: Plaintiff – Erik Baptist/Erin Hawley; Defense – Julie Straus Harris/Daniel Schwei Intervenor – Jessica Ellsworth. (Court Reporter: Mechelle Daniel) (No exhibits) Time in Court – 4:15. (vls) (Entered: 03/15/2023) |
Transcript of March 15 hearing [NPR]
Memorandum opinion and order, April 7, 2023
US notice of interlocutory appeal, April 7, 2023
Danco notice of appeal, April 7, 2023
Fifth Circuit # 23-10362
US emergency motion for stay, with exhibits, April 10, 2023
Danco emergency motion for stay, with exhibits, April 10, 2023
Clerk letter re wrongly labeled supporting info, April 10, 2023
States’ amicus, April 10, 2023
Request for response by Tuesday evening, April 10, 2023
Request for reply by Wednesday noon, April 11, 2023
Local Governments amicus, April 11, 2023
Ethics and Public Policy Center amicus, April 11, 2023
240 Members of Congress amicus, April 11, 2023
Physicians for Reproductive Health amicus, April 11, 2023
Human Coalition amicus, April 11, 2023
Advancing American Freedom amicus, April 11, 2023
Doctors for America amicus, April 11, 2023
Pharmaceutical Companies amicus, April 11, 2023
City of New York amicus, April 11, 2023
100 Reproductive Health amicus, April 11, 2023
American Center on Law and Justice amicus, April 11, 2023
69 Members of Congress amicus, April 11, 2023
Former DOJ officials amicus, April 11, 2023
NAACP Legal Defense Fund amicus, April 11, 2023
Charlotte Lozier Institute amicus, April 11, 2023
Alliance opposition to stay, with appendices, April 11, 2023
Former FDA Officials amicus, April 11, 2023
Plaintiffs’ motion to dismiss appeal, April 11, 2023
Susan B. Anthony Pro-Life amicus, April 11, 2023
Medical and Public Health Societies amicus, April 11, 2023
Missouri amicus, April 12, 2023
Mississippi et al amicus, April 12, 2023
West Virginia amicus, April 12, 2023
US reply supporting stay, April 12, 2023
Danco reply supporting stay, April 12, 2023
Women Injured by Abortion amicus, April 12, 2023
US opposition to motion to dismiss appeal, April 12, 2023
Order for partial stay, April 12, 2023
Briefing schedule, April 13, 2023
Appellants brief is due on or before 04/26/2023
• Appellees brief is due on or before 05/08/2023
• Appellants reply brief is due on or before 05/12/2023
Paper copies of the briefs and record excerpts must be sent by
overnight delivery to the Clerk’s Office.
Oral argument will take place in person, in New Orleans, on May
17, at 1:00 pm CT.
• Appellees brief is due on or before 05/08/2023
• Appellants reply brief is due on or before 05/12/2023
Paper copies of the briefs and record excerpts must be sent by
overnight delivery to the Clerk’s Office.
Oral argument will take place in person, in New Orleans, on May
17, at 1:00 pm CT.
Danco emergency application, 22A901, April 14, 2023
US application, 22A902, April 14, 2023
GenBioPro amicus, April 14, 2023
New York amicus, April 14, 2023
Pharmaceutical Companies amicus, April 14, 2023
Administrative stay, April 14, 2023
| Apr 14 2023 | Amicus brief of Doctors for America and the Reproductive Health Coalition submitted. |
| Main DocumentProof of Service | |
| Apr 14 2023 | Amicus brief of 253 Members of Congress submitted. |
| Main DocumentProof of Service | |
| Apr 14 2023 | Amicus brief of City of New York, NYC Health + Hospitals, County of Santa Clara, and Other Local Governments submitted. |
| Main DocumentProof of Service | |
| Apr 14 2023 | Amicus brief of Pharmaceutical Companies, Executives, and Investors submitted. |
| Main DocumentProof of Service | |
| Apr 14 2023 | Amicus brief of Food and Drug Law Scholars submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 14 2023 | Amicus brief of Former U.S. Department of Justice Officials submitted. |
| Main Document | |
| Apr 14 2023 | Amicus brief of Local Governments submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 14 2023 | Amicus brief of Medical and Public Health Societies submitted. |
| Main DocumentProof of Service | |
| Apr 14 2023 | Amicus brief of Former FDA Officials submitted. |
| Main DocumentProof of Service | |
| Apr 14 2023 | Amicus brief of Pharmaceutical Research and Manufacturers of America submitted. |
| Main DocumentProof of Service | |
| Apr 14 2023 | Amicus brief of NAACP Legal Defense & Educational Fund, Inc. submitted. |
| Main DocumentProof of Service | |
| Apr 14 2023 | Amicus brief of Over 200 Reproductive Health, Rights, and Justice Organizations submitted. |
| Main DocumentProof of Service | |
| Apr 14 2023 | Amicus brief of Legal Voice submitted. |
| Main DocumentProof of Service |
| Apr 14 2023 | Amicus brief of Physicians for Reproductive Health submitted. |
| Main DocumentProof of ServiceCertificate of Word CountCertificate of Word Count |
| Apr 17 2023 | Amicus brief of American Center for Law and Justice submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Apr 17 2023 | Amicus brief of Amici Women Injured Abortion submitted. |
| Main DocumentProof of ServiceCertificate of Word Count |
| Apr 18 2023 | Amicus brief of Human Coalition submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 18 2023 | Amicus brief of Ethics and Public Policy Center submitted. |
| Main Document |
| Apr 18 2023 | Amicus brief of Advancing American Freedom, Inc. et al. submitted. |
| Main DocumentCertificate of Word CountCertificate of Word Count |
| Apr 18 2023 | Amicus brief of 147 Members of Congress submitted. |
| Main DocumentProof of ServiceCertificate of Word Count |
Alliance response, with appendix, April 18, 2023
| Apr 18 2023 | Amicus brief of Charlotte Lozier Institute submitted. |
| Main DocumentProof of Service | |
| Apr 18 2023 | Amicus brief of State of Missouri as Amicus Curiae submitted. |
| Main DocumentProof of ServiceCertificate of Word Count |
Mississippi amicus, April 18, 2023
| Apr 18 2023 | Amicus brief of Susan B. Anthony Pro-Life America, et al. submitted. |
| Main DocumentMain Document |
FDA reply supporting stay, April 18, 2023
Administrative stay extension through 4/21, April 19, 2023
Joint stay motion (trial-level), April 21, 2023
Stay order, April 21, 2023
US opening brief and appendix, April 26, 2023
Danco opening brief and excerpts, April 26, 2023
Honeybee Health amicus, April 27, 2023
Doctors for America amicus, May 1, 2023
Former FDA Officials amicus, May 1, 2023
Food and Drug Law Scholars amicus, May 1, 2023
Pharma amicus, May 1, 2023
Public Citizen amicus, May 1, 2023
Former FDA Commissioners amicus, May 1, 2023
Pharma Companies, Executives, and Investors amicus, May 1, 2023
Local Governments amicus, May 1, 2023
Patient and Provider Organizations amicus, May 1, 2023
Alliance motion for leave to file excess pages, May 1, 2023
Advocates for Survivors amicus, May 1, 2023
Over 100 Reproductive Health Organizations amicus, May 1, 2023
New York City et al amicus, May 1, 2023
National Ass’n of Nurse Practitioners amicus, May 1, 2023
Physicians for Reproductive Health amicus, May 1, 2023
GenBioPro amicus, May 1, 2023
US opposition to Alliance excess pages motion, May 1, 2023
Medical Students for Choice amicus, May 1, 2023
Danco opposition to Alliance excess pages motion, May 1, 2023
New York et al amicus, May 1, 2023
ACOG amicus, May 1, 2023
Former DOJ Officials amicus, May 1, 2023
Fifth Circuit order allowing excess pages, May 2, 2023
Alliance opposition, May 8, 2023
American Center on Law and Justice amicus, May 9, 2023
American Ass’n of Physicians and Surgeons amicus, May 10, 2023
Ethics and Public Policy Center amicus, May 11, 2023
Family Research Council amicus, May 11, 2023
Missouri amicus, May 12, 2023
Students for Life of America amicus, May 12, 2023
US reply supporting stay, May 12, 2023
Mississippi et al amicus, May 12, 2023
Advancing American Freedom amicus, May 12, 2023
94 Members of Congress amicus, May 12, 2023
US Medical Ass’n amicus, May 12, 2023
Women Injured by Abortion amicus, May 12, 2023
Frederick Douglass Foundation amicus, May 12, 2023
Charlotte Lozier Institute amicus, May 12, 2023
https://affordablecareactlitigation.com/wp-content/uploads/2023/05/5c-charlotte-l, ozier-inst-amicus-5-12-23.pdf
Danco reply supporting stay, May 12, 2023
Susan B. Anthony Pro-Life America amicus, May 13, 2023
Students for Life of America amicus, May 13, 2023
|
530 |
May 17, 2023 |
ORAL ARGUMENT HEARD before Judges Elrod, Ho, Wilson. Arguing Person Information Updated for: Jessica Lynn Ellsworth arguing for Appellant L.L.C. Danco Laboratories; Arguing Person Information Updated for: Sarah Elaine Harrington arguing for Appellant Secretary Becerra, U.S. Department of Health and Human Services, Appellant Commissioner of Food and Drugs Califf, Robert M., Appellant Patrizia Cavazzoni, Appellant Food & Drug Administration, Appellant United States Department of Health and Human Services; Arguing Person Information Updated for: Erin Morrow Hawley arguing for Appellee Alliance for Hippocratic Medicine, Appellee American Association of Pro-Life Obstetricians & Gynecologists, Appellee American College of Pediatricians, Appellee Christian Medical & Dental Associations, Appellee George Delgado, Appellee Regina Frost-Clark, Appellee Shaun Jester [23-10362] (KMP) [Entered: 05/17/2023 03:06 PM] |
Opinion, August 16, 2023
Danco: 23-236
Danco cert petition, September 8, 2023
US: 23-235
US cert petition, September 8, 2023
| Oct 12 2023 | Brief amici curiae of Over 600 State Legislators filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Brief amici curiae of Food and Drug Law Scholars filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Brief amici curiae of National Association of Nurse Practitioners in Women’s Health, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Brief amicus curiae of GenBioPro, Inc. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Brief amici curiae of The City of New York, et al. filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 12 2023 | Brief amici curiae of 257 Members of Congress filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Brief amici curiae of New York, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Brief amici curiae of Doctors for America and The Reproductive Health Coalition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Amicus brief of Pharmaceutical Research and Manufacturers of America submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | Amicus brief of Religious Coalition for Reproductive Choice, et al. |
| Main DocumentCertificate of Word CountProof of Service |
| Nov 09 2023 | Brief of respondents Alliance for Hippocratic Medicine, et al. in opposition filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 15 2023 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
| Main Document | |
| Nov 21 2023 | DISTRIBUTED for Conference of 12/8/2023. |
| Nov 21 2023 | Reply of petitioners US Food and Drug Administration, et al. filed. (Distributed) |
| Main DocumentProof of Service |
| Nov 09 2023 | Brief of respondents Alliance for Hippocratic Medicine, et al. in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 15 2023 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
| Main DocumentProof of Service | |
| Nov 21 2023 | DISTRIBUTED for Conference of 12/8/2023. |
| Nov 21 2023 | Reply of petitioner Danco Laboratories, L.L.C. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service |
No. 23-395
| Oct 12 2023 | Petition for a writ of certiorari filed. (Response due November 15, 2023) |
| PetitionCertificate of Word CountProof of Service |
| Nov 07 2023 | Brief of respondent Danco Laboratories, LLC in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 07 2023 | Brief of Federal Cross-Respondents in opposition filed. |
| Main DocumentCertificate of Word Count | |
| Nov 13 2023 | Brief amici curiae of Mississippi, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 15 2023 | Brief amicus curiae of Human Coalition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 15 2023 | Brief amici curiae of 109 Members of Congress filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 15 2023 | Amicus brief of 109 Members of Congress submitted. |
| Main Document | |
| Nov 21 2023 | DISTRIBUTED for Conference of 12/8/2023. |
| Nov 28 2023 | Reply of petitioners Alliance for Hippocratic Medicine, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service |
Missouri et al motion to intervene, and appendix, November 3, 2023
[waive local counsel]
Order waiving local counsel, November 7, 2023
US motion for abeyance/extension, November 9, 2023
[]
Order denying abeyance, extending response time for 30 days, November 16, 2023
US intervention opposition, December 18, 2023
Danco intervention opposition, December 18, 2023
Intervenors’ reply, January 4, 2024
Order allowing intervention, January 12, 2024
Complaint in intervention, as accepted for filing, January 12, 2024
Unopposed US motion to stay answer deadline, January 19, 2024
Order clarifying stay of answer deadline, January 24, 2024
| Jan 22 2024 | Notice of Intervention and Motion of Missouri, Idaho and Kansas to Intervene of States of Missouri, Idaho, Kansas submitted. |
| Main DocumentOtherProof of Service |
Intervention pleadings from the Murthy case, 23-411, cited in Missouri’s motion
| Oct 26 2023 | Motion for leave to intervene filed by Kennedy Plaintiffs. |
| Main DocumentProof of ServiceOther | |
| Nov 01 2023 | Motion DISTRIBUTED for Conference of 11/17/2023. |
| Nov 02 2023 | Response in opposition to motion from petitioners Vivek H. Murthy, et al. filed. (Distributed) |
| Main DocumentProof of Service | |
| Nov 06 2023 | Response in opposition to motion from respondents Missouri, et al. filed. (Distributed) |
| Main DocumentProof of Service | |
| Nov 13 2023 | Reply on motion to intervene filed. (Distributed) |
| Main DocumentOtherProof of Service | |
| Nov 27 2023 | Motion DISTRIBUTED for Conference of 12/1/2023. |
| Dec 01 2023 | Rescheduled. |
| Dec 01 2023 | Motion DISTRIBUTED for Conference of 12/8/2023. |
| Dec 01 2023 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Dec 01 2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners’ brief on the merits is extended to and including December 19, 2023. The time to file respondent’s briefs on the merits is extended to and including February 2, 2024. |
| Dec 11 2023 | Motion of Kennedy Plaintiffs for leave to intervene DENIED. Justice Alito, dissenting from the denial of the motion to intervene. (Detached Opinion) |
| Feb 01 2024 | Response to motion from petitioners US Food and Drug Administration, et al. filed. VIDED. |
| Main DocumentProof of Service | |
| Feb 01 2024 | Amicus brief of Former Commissiners of the U.S. Food and Drug Administration submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 01 2024 | Response of Danco Laboratories, LLC to motion submitted. |
| Main DocumentProof of ServiceOther |
| Feb 06 2024 | Reply of States of Missouri, Idaho, Kansas submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Feb 20 2024 | Motion for leave to intervene filed by Missouri, et al. DENIED. |
| Feb 20 2024 | Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere DENIED. |
+++
WEDNESDAY, DECEMBER 13, 2023
CERTIORARI GRANTED
CERTIORARI GRANTED
23-235 ) FDA, ET AL. V. ALLIANCE HIPPOCRATIC MEDICINE, ET AL.
)
23-236 ) DANCO LABORATORIES, L.L.C. V. ALLIANCE HIPPOCRATIC MEDICINE, 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.
)
23-236 ) DANCO LABORATORIES, L.L.C. V. ALLIANCE HIPPOCRATIC MEDICINE, 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.
CERTIORARI DENIED
23-395 ALLIANCE HIPPOCRATIC MEDICINE, ET AL. V. FDA, ET AL.
The petition for a writ of certiorari is denied.
The petition for a writ of certiorari is denied.
====
| Jan 23 2024 | Brief of Danco Laboratories, LLC submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 23 2024 | Motion for Joinder of Putative Appellees of Americans En Ventre Sa Mere submitted. |
| Main DocumentProof of Service | |
| Jan 23 2024 | Brief of US Food and Drug Administration, et al. submitted. |
| Main DocumentProof of Service | |
| Jan 23 2024 | Joint Appendix submitted. |
| Main DocumentMain DocumentProof of Service |
| Jan 30 2024 | Amicus brief of Physicians for Reproductive Health submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 30 2024 | Amicus brief of AMERICAN CIVIL LIBERTIES UNION, CENTER FOR REPRODUCTIVE RIGHTS, AND LAWYERING PROJECT submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Reproductive Freedom Alliance submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of 237 Reproductive Health, Rights, and Justice Organizations submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of The City of New York and NYC Health + Hospitals, The County of Santa Clara, and Four Other Local Jurisdictions submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Over 300 Reproductive Health Researchers submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 30 2024 | Amicus brief of American College of Obstetricians and Gynecologists, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Doctors for America and The Reproductive Health Coalition submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of AANHPI, Black, and Immigrant Women’s Organizations submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 30 2024 | Amicus brief of Public Citizen; Center for Science in the Public Interest submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Legal Voice, the National Domestic Violence Hotline, Sexual Violence Law Center, Washington Coalition Against Domestic Violence, Coalition Ending Gender Based Violence, the Asian Pacific Institute on Gender Based Violence, and Sanctuary for Families submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 30 2024 | Amicus brief of The Freedom from Religion Foundation and American Atheists submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of FDA Law Scholars submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Pharmaceutical Companies, Executives, and Investors submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of NAACP Legal Defense & Educational Fund, Inc. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of American Psychological Association, National Association of Social Workers submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Over 600 State Legislators submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Professors David S. Cohen and Rachel Rebouché submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Patient and Provider Advocacy Organizations submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Women’s Bar Association of the District of Columbia submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Medical Students for Choice submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of National Association of Nurse Practitioners in Women’s Health, American College of Nurse-Midwives, American Academy of Physician Associates, and Association of Physician Associates in Obstetrics and Gynecology submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Former Military Officials, Civilian National Security Leaders, and Vet Voice Foundation submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of : NATIONAL COUNCIL OF JEWISH WOMEN, RELIGIOUS COALITION FOR REPRODUCTIVE CHOICE, INTERFAITH VOICES FOR REPRODUCTIVE JUSTICE, CATHOLICS FOR CHOICE, UNITARIAN UNIVERSALIST ASSOCIATION, MUSLIMS FOR PROGRESSIVE VALUES, HINDUS FOR HUMAN RIGHTS, AND 27 OTHER FAITH-BASED ORGANIZATIONS submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of GenBioPro, Inc. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of 263 Members of Congress submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Honeybee Health, Inc. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Pharmaceutical Research and Manufacturers of America submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Local Governments and Local Government Leaders submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Association of American Medical Colleges submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Professor F. Andrew Hessick submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Former U.S. Department of Justice Officials submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of Women Who Have Obtained Medication Abortion Via Telemedicine submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 30 2024 | Amicus brief of Disability Rights Education & Defense Fund, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 30 2024 | Amicus brief of New York, Arizona, California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin, and the District of Columbia submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Feb 01 2024 | Motion for leave to file amici brief out of time filed by Former Commissioners of the U.S. Food and Drug Administration. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 02 2024 | Amicus brief of AMERICAN BAR ASSOCIATION submitted. |
| Proof of ServiceMotion for Leave to FileCertificate of Word CountMain Document |
| Feb 22 2024 | Brief of respondents Alliance for Hippocratic Medicine, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service |
| Feb 26 2024 | Brief amicus curiae of Dr. Allan Sawyer filed. VIDED. (Distributed) |
| Main DocumentMain DocumentMain Document | |
| Feb 26 2024 | Brief amicus curiae of American Center for Law & Justice filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 26 2024 | Brief amici curiae of World Faith Foundation and Institute for Faith and Family filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 27 2024 | Brief amicus curiae of Students for Life of America filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 28 2024 | Brief amicus curiae of Ethics and Public Policy Center filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 28 2024 | Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 28 2024 | Brief amicus curiae of Secretary David L. Bernhardt filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 28 2024 | Amicus brief of Business Leaders submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 28 2024 | Amicus brief of Family Policy Alliance and State Family Policy Councils submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 28 2024 | Amicus brief of Priests for Life submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 28 2024 | Amicus brief of Women and Families Harmed by Mifepristone and Former Abortion Providers submitted. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Family Research Council and Martha Shuping, M.D. not accepted for filing. (March 01, 2024) (corrected efiling to be submitted) |
| Feb 29 2024 | Brief amici curiae of National Hispanic Leadership Conference, et al. filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 29 2024 | Brief amicus curiae of Judicial Watch, Inc. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Motion for divided argument filed by the Solicitor General. VIDED. |
| Main DocumentProof of Service | |
| Feb 29 2024 | Amicus brief of Human Coalition, the Ethics and Religious Liberty Commission, and the National Association of Evangelicals submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of United States Medical Association submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Former U.S. Department of Health and Human Services, U.S. Food and Drug Administration, and White House Officials submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 29 2024 | Amicus brief of 145 Members of Congress submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Robertson Center for Constitutional Law submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Operation Rescue and West Virginians for Life submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of The Prolife Center at the University of St. Thomas (MN) submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Gianina Cazan-London MD, Melissa Halvorson MD, and Wagner Faith & Freedom Center submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Americans United for Life submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Mississippi, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Missouri, Idaho, and Kansas submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Dr. Grazie Pozo Christie and The Catholic Association Foundation submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Mountain States Legal Foundation submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Southeastern Legal Foundation and Texas Public Policy Foundation submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of The Elliot Institute, Rachel’s Vineyard, and Entering Canaan Ministry submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Life Legal Defense Foundation submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Democrats for Life of America submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Advancing American Freedom, Inc. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Susan B. Anthony Pro-Life America, United States Conference of Catholic Bishops, Catholic Health Care Leadership Alliance, The National Catholic Bioethics Center, Catholic Bar Association, Coalition for Jewish Values, Catholic Benefits Association, Christ Medicus Foundation, and Texas Conference of Catholic Bishops. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Former U.S. Attorney General Edwin Meese III submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Heartbeat International submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Women Injured By Abortion submitted. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Stanton International submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 29 2024 | Amicus brief of Dr. Calum Miller submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Mar 04 2024 | Motion of Charlotte Lozier Institute for leave to file amicus brief submitted. |
| Main DocumentProof of ServiceCertificate of Word Count |
| Mar 14 2024 | Reply of petitioners Danco Laboratories, LLC filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 15 2024 | Motion for divided argument filed by the Solicitor General GRANTED. VIDED. |
| Mar 15 2024 | Reply of Federal Petitioners filed. VIDED. (Distributed) |
| Main DocumentProof of Service | |
| Mar 18 2024 | Motion for leave to file amicus brief out of time filed by Charlotte Lozier Institute GRANTED. VIDED. |
Transcript of oral argument, March 26, 2024
Opinion, June 13, 2024
Judgment, July 17, 2024
Fifth Circuit opinion on remand, and judgment, September 16, 2024
Jont status report, September 30, 2024
gov.uscourts.txnd.370067.191.0Joint status report, September 300, 2024
Kansas et al motion for leave to file amended complaint, with amended complaint and exhibits, October 11, 2024
US motion and memo to dismiss, and opposition to leave to amend, November 1, 2024
Danco motion and memo to dismiss, and opposition to leave to amend, November 1, 2024
States’ opposition, November 15, 2024
Private plaintiffs’ voluntary dismissal, November 19, 2024
Court notice re claims remaining after dismissal, November , 2024
US reply supporting motion to dismiss, December 6, 2024
Danco reply supporting motion to dismiss, December 6, 2024
Order allowing amended complaint and denying motions to dismiss as moot, January 16, 2025
Amended complaint, January 16, 2025
US motion and memo to dismiss amended complaint, January 18, 2025
Danco motion and memo to dismiss amended complaint, January 28, 2025
States’ opposition, February 24, 2025
US reply, May 5, 2025
Danco reply, May 5, 2025
===
FDA opinion
States’ letter
====
Reva B. Siegel and Mary Ziegler, Comstockery [3-16-24 version]
====
Washington v. FDA, No. 1:23-cv-3026 (E.D. Wash., filed Feb. 23, 2023)
Complaint
Motion for preliminary injunction, with exhibits, February 24, 2023
[]
| 03/02/2023 | 20 | ORDER: For good cause shown, Defendants’ 16 Motion for Extension of Time is GRANTED in part. Defendants shall respond to Plaintiffs’ 3 Motion for Preliminary Injunction on or before 3/17/2023. Plaintiffs’ Reply, if any, is due on or before 3/24/2023. The hearing on the motion is RESET to 3/28/2023 at 8:30 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF ATTACHED. (BF, Paralegal) (Entered: 03/02/2023) |
Amended complaint, March 9, 2023
Preliminary injunction opposition, March 17, 2023
Reply memo supporting preliminary injunction, with declarations, March 24, 2023
Medical and public health societies amicus, March 24, 2023
Minute entry, March 28, 2023
US notice re REMS, March 29, 2023
Plaintiffs’ response re REMS, March 30, 2023
Idaho motion to intervene as plaintiff, March 30, 2023
Order partially granting preliminary injunction, April 7, 2023
US motion for clarification, April 10, 2023
US motion to expedite, April 10, 2023
Plaintiffs’ opposition to expediting, April 10, 2023
US reply supporting expediting clarification, April 11, 2023
Idaho motion to expedite consideration of its motion to intervene, April 11, 2023
Clarification order, April 13, 2023
US opposition to Idaho intervention, April 13, 2023
Plaintiffs’ opposition to Idaho intervention, with declaration, April 13, 2023
| 04/18/2023 | 96 | ORDER: For good cause shown, the Proposed Intervenors’ unopposed 90 Motion to Expedite is GRANTED. The Proposed Intervenors shall file a reply to the 76 Motion to Intervene on or before April 20, 2023. A hearing is set for the 76 Motion to Intervene and 77 79 85 87 88 89 Motions to Appear Pro Hac Vice on April 21, 2023 without oral argument. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER – NO PDF ATTACHED. (HH, Law Clerk) (Entered: 04/18/2023) |
Order denying Idaho intervention, April 21, 2023
Idaho notice of appeal, April 26, 2023
Ninth Circuit # 23-35294
| 05/11/2023 | 119 | ORDER: For good cause shown, the parties’ 117 Joint Motion for Extension of Time to Answer and to Set Deadline to Produce Administrative Record and 118 Joint Motion to Expedite are GRANTED. Defendants shall respond to the Amended Complaint on or before June 23, 2023. Defendants shall produce the administrative record at issue on or before September 1, 2023. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER – NO PDF ATTACHED. (HH, Law Clerk) (Entered: 05/11/2023) |
| 06/16/2023 | 122 | ORDER: The Parties’ Joint Motion to Modify Deadlines and Expedite are GRANTED. ECF Nos. 120 and 121 . Defendants’ deadline to respond to the Amended Complaint set forth in ECF No. 119 is deferred until after the Court rules on any motions for summary judgment and two weeks following the Court’s ruling on any motions for summary judgment, the parties shall file a joint status report proposing a new deadline to answer the Amended Complaint. Signed by Judge Thomas O. Rice. TEXT ORDER ONLY – NO PDF ATTACHED (Entered: 06/16/2023) |
Appellants’ opening brief, August 7, 2023
Appellants’ excerpts of record, August 9, 2023
Appellees’ brief, and supplemental excerpts, October 10, 2023
Reply brief, November 30, 2023
State’s additional authority (intervention in Alliance), January 19, 2024
Idaho response re supplemental authority, February 6, 2024
| 03/13/2024 | 62 | Filed order (SIDNEY R. THOMAS, M. MARGARET MCKEOWN and MORGAN B. CHRISTEN) Submission of this case is withdrawn. Further proceedings are stayed pending further order of this Court following the issuance of a decision by the United States Supreme Court in FDA v. Alliance for Hippocratic Medicine, No. 23-235 (U.S. Dec. 13, 2023) and Danco Laboratories v. Alliance for Hippocratic Medicine, No. 23-236 (U.S. Dec. 13, 2023). [12868975] (OC) [Entered: 03/13/2024 02:54 PM] |
| 03/13/2024 | 63 | ARGUED AND SUBMISSION DEFERRED TO SIDNEY R. THOMAS, M. MARGARET MCKEOWN and MORGAN B. CHRISTEN. The audio and video recordings of this hearing are available on our website at http://www.ca9.uscourts.gov/media/. [12869012] (BJK) [Entered: 03/13/2024 03:44 PM] |
Supplemental briefing order, June 13, 2024
Idaho supplemental brief, June 27, 2024
Plaintiffs’ supplemental brief, and appendix, June 27, 2024
US supplemental brief, June 27, 2024
Opinion, July 24, 2024
Petition for rehearing en banc, September 9, 2024
Order, October 30, 2024
===
THE OUT-OF-IDAHO CASE
Planned Parenthood Great Northwest v. Labrador, No. 1:23-cv-142 (D. Idaho, filed April 5, 2023)
Complaint
TRO motion and memo, April 5, 2023
| 04/11/2023 | 30 | ORDER SETTING EXPEDITED BRIEFING SCHEDULE: Defendants shall respond to the motion for a preliminary injunction (Dkt. 2 ) by April 14, 2023 at 12:00 PM. Plaintiffs shall reply by April 18, 2023 at 12:00 PM. IT IS FURTHER ORDERED that if Defendants wish to pursue an expedited motion to dismiss, they must file the motion by April 14, 2023 at 12:00 PM. Plaintiffs must respond by April 18, 2023 at 12:00 PM. Defendants must reply by April 20, 2023 at 5:00 PM. Signed by Judge B Lynn Winmill. (hgp) |
Supplemental declarations, attached to motion for leave to file, April 13, 2023
Motion to dismiss, April 14, 2023
Opposition to motion for preliminary injunction, April 14, 2023
Reply supporting preliminary injunction/opposition to motion to dismiss, April 18, 2023
Reply supporting defendants’ motion to dismiss, April 20, 2023
St. Luke’s Health System amicus w/ motion for leave to file, April 21, 2023
Planned Parenthood opposition, April 21, 2023
Washington amicus w/ motion for leave to file, April 24, 2023
Idaho opposition to Washington, April 24, 2023
[Hearing, 4/24]
Minute entry, April 24, 2023
Idaho motion for supplemental briefing, April 27, 2023
Idaho response to amicus briefing, April 27, 2023
County Prosecutor defendants joinder in motion to dismiss, April 27, 2023
Plaintiffs’ opposition to supplemental briefing, April 28, 2023
Order denying supplemental briefing, May 2, 2023
Defendants’ notice of supplemental declarations, May 3, 2023
Defendants’ notices of supplemental declarations, May 4, 2023
Plaintiffs’ motion to strike supplemental declarations, May 4, 2023
Defendants’ opposition to motion to strike, May 5, 2023
Motion to dismiss, May 5, 2023
TRO opposition, May 5, 2023
Defendants’ fourth and fifth notices of supplemental declarations, May 8 and 9, 2023
Mackrill motion to dismiss, May 9, 2023
Defendants’ sixth notice of supplemental declarations, May 12, 2023
Plaintiffs’ notice of supplemental authority (National Pork Producers), May 16, 2023
Plaintiffs’ opposition to motion to dismiss/reply, May 19, 2023
County prosecutors’ joinder, May 25, 2023
County prosecutors’ reply, June 2, 2023
Plaintiffs’ additional authorities, July 7, 2023
Memorandum opinion, July 31, 2023
Notice of appeal, August 1, 2023
Emergency motion for stay, August 2, 2023
Motion to expedite, August 2, 2023
Ninth Circuit # 23-35518
Scheduling order, August 4, 2023
https://affordablecareactlitigation.com/wp-content/uploads/2023/08/9c-pp-v-id-sched-order-8-4-23.pdf
Opening brief, and excerpts, August 29, 2023
Appellees’ brief, and excerpts, September 26, 2023
Reply brief, October 26, 2023
| 01/14/2024 | 55 | Notice of Oral Argument on Wednesday, March 27, 2024 – 09:30 A.M. – SE 7th Flr Courtroom 2 – Scheduled Location: Seattle WA. The hearing time is the local time zone at the scheduled hearing location. |
Plaintiffs’ additional authority (Peace Ranch), March 4, 2024
Idaho response, March 12, 2024
Plaintiffs’ additional authority (Fikre), March 21, 2024
Idaho response, March 25, 2024
| 03/27/2024 | 70 | ARGUED AND SUBMITTED TO KIM MCLANE WARDLAW, WILLIAM A. FLETCHER and ERIC D. MILLER. The audio and video recordings of this hearing are available on our website at http://www.ca9.uscourts.gov/media/. [12872830] (SB) [Entered: 03/27/2024 01:53 PM] |
Opinion, December 4, 2024
Emergency motion for status conference, December 11, 2024
| 12/16/2024 | 181 | DOCKET TEXT MINUTE ENTRY for proceedings held before Senior Judge B. Lynn Winmill: A Status Conference was held via Zoom on 12/16/2024 to discuss the injunction. Appearances – Katherine Mackey, Colleen Smith, and Peter Neiman on behalf of Plaintiffs; Brian Church on behalf of Raul Labrador and County Prosecuting Offices; and Russell Spencer on behalf of Idaho State Board of Medicine. (Court Reporter Tammy Hohenleitner.) (Time: 10:03-10:38 a.m.) (jlg) (Entered: 12/17/2024) |
Joint motion to dismiss, with stipulation, December 18, 2024
Order accepting dismissal, December 27, 2024
===
Opinion, July 24, 2024
Petition for rehearing en banc, August 9, 2024
Rehearing en banc denial, October 30, 2024
===
THE OUT-OF-ALABAMA CASE
Yellowhammer Fund v. Marshall, No. 2:23-cv-450 (M.D. Ala., filed July 31, 2023)
[]
Opinion, May 6, 2024
===
THE IDAHO TRAFFICKING CASE
Matsumoto v. Labrador, No. 1:23-cv-323 (D. Idaho, filed July 11, 2023)
Memorandum opinion (preliminary injunction), November 8, 2023
Memorandum opinion on motion to dismiss, November 8, 2023
[]
Ninth Circuit # 23-3787
Labrador motion to stay pending appeal, November 27, 2023
Plaintiffs’ opposition to stay, December 18, 2023
Labrador opening brief and excerpts, December 20, 2023
Labrador reply supporting stay, January 2, 2024
Order denying stay pending appeal, January 4, 2024
[
[
[
[
[
[
[
[
[
[
[
[
[
| 05/07/2024 | 53 |
ARGUED AND SUBMITTED to M. Margaret McKEOWN, Carlos T. BEA, John B. OWENS. Audio and video recordings of the argument are available on the court’s website at https://www.ca9.uscourts.gov/media/. [Entered: 05/07/2024 12:57 PM] |
State additional authorities, July 25, 2024
[
[
Plaintiffs’ response to additional authorities, July 31, 2024
[
[
Opinion, December 2, 2024
===
THE NORTH CAROLINA PREEMPTION CASE
Bryant v. Stein, No. 1-23-cv-77 (M.D. N.C., filed Jan. 25, 2023)
Complaint
Berger/Moore motion and memo to intervene, February 21, 2023
[]
Berger Moore motion and memo to dismiss, March 24, 2023
Motion for leave to file amended complaint, June 2, 2023
Stein nonopposition June 5, 2023
Nieman no position, June 6, 2023
Kinsley nonopposition, June 16, 2023
Berger Moore nonopposition, June 20, 2023
Order allowing amended complaint, August 7, 2023
Amended complaint, August 7, 2023
Berger Moore [refiled] motion and memo to dismiss, August 14, 2023
Bryant [refiled] opposition, August 16, 2023
Stein [refiled] opposition, August 16, 2023
Medical Board Answer, August 21, 2023
Berger Moore [refiled] reply supporting motion to dismiss, August 21, 2023
Kinsley Answer, August 21, 2023
Stein Answer, August 21, 2023
Nieman Answer, August 21, 2023
| 12/21/2023 | Case Reassigned to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES. JUDGE WILLIAM L. OSTEEN, JR no longer assigned to the case. (km) (Entered: 12/21/2023) |
| 01/17/2024 | Minute Entry for proceedings held before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES. Attorneys Eva Temkin, Paul Mezzina, and Chelsea Corey present as counsel for the Plaintiff. Attorneys Sarah Boyce and Sripriya Narasimhan present as counsel for defendant Joshua Stein. Attorney Elizabeth O’Brien present as counsel for defendant Jeff Nieman. Attorney Michael Wood present as counsel for defendant Kody H. Kinsley. Attorney Michael Bulleri present as counsel for defendant Michaux R. Kilpatrick, MD, PHD. Attorneys William Boyle and Erin Hawley present as counsel for Intervenor Defendants. Motion Hearing held on 1/17/2024 re 83 MOTION to Dismiss Amended Complaint filed by Timothy K. Moore, Philip E. Berger. With agreement and consent of all parties, the Court converts Motion to Dismiss to Cross Motion for Summary Judgment and the matter remains under advisement. Court authorizes supplemental briefs up to 3000 words by each of the parties present and any physical copies of websites referenced in the earlier briefs can be attached. Supplemental briefs due on 2/5/2024. (Court Reporter Briana Chesnut.) (rw) (Entered: 01/17/2024) |
Defendant Stein’s supplemental brief, February 5, 2024
Plaintiffs’ supplemental brief, February 5, 2024
Intervenor-Defendants’ supplemental brief, February 5, 2024
Memorandum opinion and order, April 30, 2024
Parties’ proposals for injunctive relief, May 21, 2024
Fourth Circuit #s include 24-1576 (lead case)
Order, June 3, 2024
Berger Moore notice of appeal, June 20, 2024
Bryant notice of cross-appeal, June 28, 2024
Consolidation order, July 2, 2024
Stein notice of cross-appeal, July 2, 2024
Second consolidation order, July 9, 2024
Appellants’ brief, and appendix, August 12, 2024
Pro-appellant amicus briefing:4C BS DC MA amicus 10 17 24
Bryant appellee brief, October 10, 2024
Stein appellee brief, October 10, 2024
Pro-appellee amicus briefing:
Bryant reply, November 27, 2024
Berger reply, November 27, 2024
Abeyance order, December 3, 2024
Bryant cross-appeal reply, December 18, 2024
Stein cross-appeal reply, December 18, 2024
===
THE GENBIOPRO CASE AGAINST PUTNAM COUNTY AND WEST VIRGINIA
GenBioPro v. Sorsaia, No. 3:23-cv-58 (S.D. W.V., filed Jan. 25, 2023)
Complaint
Sorsaia (Putnam County prosecutor) motion and memo to dismiss, February 16, 2023
West Virginia motion to dismiss and memo, February 21, 2023
Arkansas amicus, February 28, 2023
Opposition to Sorsaia motion, March 7, 2023
Opposition to West Virginia motion to dismiss, March 17, 2023
Food and Drug Law and Health Law Scholars amicus, March 20, 2023
Reply supporting motions to dismiss, March 31, 2023
Order setting hearing on standing for 4/24, April 13, 2023
Defendants’ motion and memo for stay, April 18, 2023
Plaintiffs’ stay opposition, April 20, 2023
Defendants’ reply supporting stay, April 21, 2023
Order denying stay, April 21, 2023
Motion hearing (standing) notes, April 24, 2023
Order denying motion to dismiss (standing), May 2, 2023
Order directing supplemental briefing by 5/19, May 11, 2023
GenBioPro supplemental brief, May 19, 2023
West Virginia supplemental brief, May 19, 2023
GenBioPro correction to statutory addendum, May 22, 2023
Daybook entry, May 23, 2023
Additional authority (Fifth Circuit), August 18, 2023
Memorandum opinion, August 24, 2023
Scheduling order, August 24, 2023
Motion for leave to file amended complaint, October 18, 2023
Order, October 19, 2023
Stipulation for entry of judgment, November 3, 2023
Order, November 6, 2023
Notice of appeal, November 9, 2023
Fourth Circuit # 23-2194
Opening brief, February 7, 2024
Amicus briefing, February 14, 2024
Appellees’ brief, April 8, 2024
Amicus briefing, April 15, 2024
Reply brief, May 20, 2024
| 07/29/2024 | 89 2 pg, 94.16 KB |
CASE TENTATIVELY CALENDARED for oral argument during the October 29-November 1, 2024, argument session. Notify Clerk’s Office of any scheduling conflict by: 08/05/2024. Any required additional copies of briefs and joint appendices are due 08/05/2024. [1001608641] [23-2194] NRS [Entered: 07/29/2024 11:06 AM] |
| 07/29/2024 | 90  0 pg, 0 KB |
(ENTRY RESTRICTED) NOTICE ISSUED to Marianne Bitler, Raymond Caraher, David Cohen, Mr. I. Glenn Cohen, Cara Delay, Greer Donley, Joseph Gabriel, Jeremy Greene, Lewis A. Grossman, David Herzberg, Peter Barton Hutt, Kelly M. Jones, Jason M. Lindo, Caitlin Knowles Myers, Kelly O’Donnell, Rachel Rebouche, Lucas Richert, David Slusky, State of Alabama, State of Alaska, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of Wyoming, Lauren MacIvor Thompson, Dominique Tobbell, Joanna Venator, Allison M. Whelan, American College of Obstetricians and Gynecologists, Baltimore County, Maryland, City of Baltimore, Doctors for America, Economists, Food and Drug Law and Health Law Scholars, Historians, Society for Maternal-Fetal Medicine, Society of Family Planning, State of North Carolina, 60 Plus Association, Advancing American Freedom, Inc., American Center for Law and Justice, American Values, Americans United for Life, Anglicans for Life, Arkansas, Association for Mature American Citizens, Bob Carlstrom, Center for Political Renewal, Center for Urban Renewal and Education, Christian Law Association, Christian Law Association, Christian Medical & Dental Associations, Concerned Women for America, Eagle Forum, Family Council in Arkansas, Family Foundation (Virginia), Family Research Council, Charlie Gerow, Global Liberty Alliance, Heartbeat International, Institute for Faith and Family, International Conference of Evangelical Chaplain Endorsers, Tim Jones, Judicial Watch, Incorporated, Justice Foundation, Life Legal Defense Foundation, Louisiana Family Forum, Men and Women for a Representative Democracy in America, Inc., Men for Life, Missouri Center-Right Coalition, National Center for Public Policy Research, National Religious Broadcasters, New Jersey Family Foundation, New Jersey Family Policy Center, Pennsylvania Eagle Forum, Pro-Life Wisconsin, Project 21 Black Leadership Network, Rio Grande Foundation, Setting Things Right, Students for Life of America, Tradition, Family, Property, Inc., Rebecca Webber, Wisconsin Family Action Institute, Women for Democracy in America, Inc., Young America’s Foundation, GenBioPro, Inc., Patrick Morrisey, Kristina D. Raynes and David S. Cohen, Mr. I. Glenn Cohen, Greer Donley, Lewis Grossman, Peter Barton Hutt, Rachel Rebouche, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, Allison Whelan and Patricia J. Zettler requesting response to similar case(s) question.[1001609136]. Response to similar case notice due 08/01/2024. [23-2194]–[Edited 07/30/2024 by KH – See ECF 92 for corrected notice] KH [Entered: 07/29/2024 03:40 PM] |
| 07/29/2024 | 91 1 pg, 101.44 KB |
RESPONSE/ANSWER by State of North Carolina to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001609231] [23-2194] Sarah Boyce [Entered: 07/29/2024 04:30 PM] |
| 07/30/2024 | 92 2 pg, 101.18 KB |
CORRECTED NOTICE ISSUED to GenBioPro, Inc., Patrick Morrisey, Kristina D. Raynes, Doctors for America , Economists, American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine, Society of Family Planning, State of North Carolina, Food and Drug Law and Health Law Scholars, City of Baltimore, Baltimore County, Maryland, Historians, Institute for Faith and Family, Family Research Council, Concerned Women for America, Life Legal Defense Foundation, American Center for Law and Justice, Advancing American Freedom, Inc., American Values, Americans United for Life, Anglicans for Life, Bob Carlstrom, Rebecca Webber, Association for Mature American Citizens, Center for Political Renewal, Center for Urban Renewal and Education, Christian Law Association, Christian Medical & Dental Associations, Eagle Forum, Family Council in Arkansas, Charlie Gerow, Global Liberty Alliance, International Conference of Evangelical Chaplain Endorsers, Tim Jones, Missouri Center-Right Coalition, Louisiana Family Forum, Men and Women for a Representative Democracy in America, Inc. , Men for Life, National Center for Public Policy Research, National Religious Broadcasters, New Jersey Family Foundation, New Jersey Family Policy Center, Pennsylvania Eagle Forum, Project 21 Black Leadership Network, Pro-Life Wisconsin, Rio Grande Foundation, Setting Things Right, 60 Plus Association, Students for Life of America, Christian Law Association, Family Foundation (Virginia), Justice Foundation, Tradition, Family, Property, Inc., Women for Democracy in America, Inc., Wisconsin Family Action Institute and Young America’s Foundation, Judicial Watch, Incorporated, Arkansas and 22 other States, Heartbeat International requesting response to similar case(s) question. [1001610222]. Response to similar case notice due 08/02/2024. [23-2194] KH [Entered: 07/30/2024 02:43 PM] |
| 07/30/2024 | 93 1 pg, 104.27 KB |
NOTICE REGARDING CONFLICT WITH PROPOSED ARGUMENT DATES by Appellant GenBioPro, Inc.. Argument Session: October 29, 2024 – November 1, 2024. Days you are available: October 29, 2024.. Other scheduling information: Counsel is traveling on October 30-31 for a previously scheduled argument in New York on November 1st.. [1001610350] [23-2194] David Frederick [Entered: 07/30/2024 03:49 PM] |
| 07/31/2024 | 94 1 pg, 64.35 KB |
RESPONSE/ANSWER by American Center for Law and Justice to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001610908] [23-2194] Walter Weber [Entered: 07/31/2024 11:52 AM] |
| 07/31/2024 | 98 1 pg, 82.97 KB |
RESPONSE/ANSWER by GenBioPro, Inc. to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001611470] [23-2194] David Frederick [Entered: 07/31/2024 05:01 PM] |
| 07/31/2024 | 99 1 pg, 102.43 KB |
RESPONSE/ANSWER by Economists to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001611493] [23-2194] Anjali Srinivasan [Entered: 07/31/2024 06:03 PM] |
| 07/31/2024 | 100 1 pg, 75.85 KB |
RESPONSE/ANSWER by Baltimore County, Maryland and City of Baltimore to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001611501] [23-2194] Joshua Rosenthal [Entered: 07/31/2024 07:15 PM] |
| 07/31/2024 | 101 1 pg, 100.99 KB |
RESPONSE/ANSWER by Life Legal Defense Foundation to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001611510] [23-2194] Catherine Short [Entered: 07/31/2024 09:44 PM] |
| 07/31/2024 | 102 1 pg, 104.43 KB |
RESPONSE/ANSWER by Heartbeat International to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001611511] [23-2194] Brennan Brooks [Entered: 07/31/2024 10:34 PM] |
| 07/31/2024 | 103 1 pg, 75.17 KB |
RESPONSE/ANSWER by Family Research Council and Concerned Women for America to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001611512] [23-2194] Christopher Mills [Entered: 07/31/2024 11:01 PM] |
| 08/01/2024 | 104 1 pg, 102.52 KB |
RESPONSE/ANSWER by Food and Drug and Health Law Scholars to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001611895] [23-2194]–[Edited to correct filer 08/07/2024 by TF] Abigail Barnes [Entered: 08/01/2024 10:37 AM] |
| 08/01/2024 | 105 1 pg, 100.99 KB |
RESPONSE/ANSWER by Kristina D. Raynes to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001612404] [23-2194] Jennifer Scragg Karr [Entered: 08/01/2024 03:43 PM] |
| 08/01/2024 | 106 1 pg, 101 KB |
RESPONSE/ANSWER by Judicial Watch, Incorporated to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001612438] [23-2194] Meredith Di Liberto [Entered: 08/01/2024 03:54 PM] |
| 08/01/2024 | 107 1 pg, 121.87 KB |
RESPONSE/ANSWER by American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine and Society of Family Planning to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001612447] [23-2194] Nicole Saharsky [Entered: 08/01/2024 03:57 PM] |
| 08/01/2024 | 108 84 pg, 1.57 MB |
MOTION by Historians for leave to file corrected amicus curiae brief [55]. Date and method of service: 08/01/2024 ecf. [1001612597] [23-2194] Jennifer Selendy [Entered: 08/01/2024 05:07 PM] |
| 08/02/2024 | 109 1 pg, 113.27 KB |
RESPONSE/ANSWER by Patrick Morrisey to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001612901] [23-2194] Erin Hawley [Entered: 08/02/2024 10:44 AM] |
| 08/02/2024 | 110 1 pg, 102.74 KB |
RESPONSE/ANSWER by Arkansas and State of Alabama, State of Alaska, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah and State of Wyoming to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001612926] [23-2194] Asher Steinberg [Entered: 08/02/2024 11:05 AM] |
| 08/02/2024 | 111 1 pg, 150.85 KB |
RESPONSE/ANSWER by Historians to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001613028] [23-2194] Jennifer Selendy [Entered: 08/02/2024 12:04 PM] |
| 08/05/2024 | 115 1 pg, 426.63 KB |
NOTICE REGARDING CONFLICT WITH PROPOSED ARGUMENT DATES by Appellee Patrick Morrisey. Argument Session: October 29, 2024 – November 1, 2024… Other scheduling information: Counsel Curtis Capehart intends to assist at argument but anticipates that responsibility for emergency election litigation may make him unavailable on tentative dates.. [1001614316] [23-2194] Erin Hawley [Entered: 08/05/2024 06:06 PM] |
| 08/05/2024 | 116 5 pg, 97.21 KB |
MOTION by Patrick Morrisey to continue/reschedule oral argument. Date and method of service: 08/05/2024 ecf. [1001614317] [23-2194] Erin Hawley [Entered: 08/05/2024 06:14 PM] |
| 08/06/2024 | 117 0 pg, 0 KB |
(ENTRY RESTRICTED) RESPONSE/ANSWER by Advancing American Freedom, Inc. to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001614716] [23-2194]–[Edited 08/07/2024 by KH – see ECF 128] John Wheat [Entered: 08/06/2024 11:55 AM] |
| 08/06/2024 | 119 1 pg, 82.11 KB |
NOTICE ISSUED to GenBioPro, Inc. and Kristina D. Raynes requesting response to Motion to continue/reschedule oral argument [116]. Response due 08/08/2024 by 12:00 pm.[1001614785]. [23-2194] KH [Entered: 08/06/2024 12:42 PM] |
| 08/06/2024 | 121 3 pg, 54.47 KB |
ORDER filed granting Motion for leave to file corrected amicus curiae brief [108]. Copies to all parties. [1001614923] [23-2194] KH [Entered: 08/06/2024 02:32 PM] |
| 08/06/2024 | 122 38 pg, 1.07 MB |
Corrected AMICUS CURIAE BRIEF by Historians. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001615002] [23-2194] Jennifer Selendy [Entered: 08/06/2024 03:28 PM] |
| 08/06/2024 | 131 | Receipt of paper copy of Corrected AMICUS BRIEF filed at [122] by Historians. Number of pages: [38]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 08/08/2024. [1001616218] [23-2194] AW [Entered: 08/08/2024 11:43 AM] |
| 08/07/2024 | 123 2 pg, 96.41 KB |
RESPONSE FOLLOW-UP NOTICE ISSUED to Doctors for America and 60 Plus Association, American Values, Americans United for Life, Anglicans for Life, Association for Mature American Citizens, Bob Carlstrom, Center for Political Renewal, Center for Urban Renewal and Education, Christian Law Association, Christian Law Association, Christian Medical & Dental Associations, Eagle Forum, Family Council in Arkansas, Family Foundation (Virginia), Charlie Gerow, Global Liberty Alliance, Institute for Faith and Family, International Conference of Evangelical Chaplain Endorsers, Tim Jones, Justice Foundation, Louisiana Family Forum, Men and Women for a Representative Democracy in America, Inc., Men for Life, Missouri Center-Right Coalition, National Center for Public Policy Research, National Religious Broadcasters, New Jersey Family Foundation, New Jersey Family Policy Center, Pennsylvania Eagle Forum, Pro-Life Wisconsin, Project 21 Black Leadership Network, Rio Grande Foundation, Setting Things Right, Students for Life of America, Tradition, Family, Property, Inc., Rebecca Webber, Wisconsin Family Action Institute, Women for Democracy in America, Inc. and Young America’s Foundation re: notice requesting response [92]. Response to similar case notice due 08/12/2024. [1001615539] [23-2194] KH [Entered: 08/07/2024 12:14 PM] |
| 08/07/2024 | 124 6 pg, 60.63 KB |
RESPONSE/ANSWER by GenBioPro, Inc. to Motion to continue/reschedule oral argument [116], notice requesting response [119]. Nature of response: in opposition. [1001615549] [23-2194] David Frederick [Entered: 08/07/2024 12:18 PM] |
| 08/07/2024 | 126 4 pg, 93.09 KB |
RESPONSE/ANSWER by Kristina D. Raynes Jennifer Scragg Karr, Esq. Counsel to Appellee-Defendant Raynes to notice requesting response [119], Motion [116]. Nature of response: in support of. [1001615600] [23-2194] Jennifer Scragg Karr [Entered: 08/07/2024 01:13 PM] |
| 08/07/2024 | 128 1 pg, 101.62 KB |
Amended RESPONSE/ANSWER by Advancing American Freedom, Inc., American Values, Americans United for Life, Anglicans for Life, Bob Carlstrom, Association for Mature American Citizens, Charlie Gerow, Rebecca Webber, Center for Political Renewal, Center for Urban Renewal and Education, Christian Law Association, Christian Medical & Dental Associations, Eagle Forum, Family Council in Arkansas, Global Liberty Alliance, International Conference of Evangelical Chaplain Endorsers, Tim Jones, Missouri Center-Right Coalition, Louisiana Family Forum, Men and Women for a Representative Democracy in America, Inc., Men for Life, Project 21 Black Leadership Network, National Center for Public Policy Research, National Religious Broadcasters, New Jersey Family Foundation, New Jersey Family Policy Center, Pennsylvania Eagle Forum, Pro-Life Wisconsin, Rio Grande Foundation, Setting Things Right, 60 Plus Association, Students for Life of America, Christian Law Association, Family Foundation (Virginia), Justice Foundation, Tradition, Family, Property, Inc., Women for Democracy in America, Inc., Wisconsin Family Action Institute and Young America’s Foundation to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001615641] [23-2194]–[Edited 08/07/2024 by KH – modifier added] John Wheat [Entered: 08/07/2024 01:39 PM] |
| 08/07/2024 | 129 1 pg, 103.3 KB |
Amended RESPONSE/ANSWER by Heartbeat International to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001615728] [23-2194] Brennan Brooks [Entered: 08/07/2024 02:28 PM] |
| 08/09/2024 | 139 | Additional copies (4) of the AMICUS BRIEF received from Life Legal Defense Foundation. [1001621202] [23-2194] KH [Entered: 08/19/2024 10:22 AM] |
| 08/14/2024 | 135 6 pg, 102.66 KB |
REPLY by Patrick Morrisey to Motion [116].. [1001619579] [23-2194] Erin Hawley [Entered: 08/14/2024 07:46 PM] |
| 08/19/2024 | 137 1 pg, 93.7 KB |
Second RESPONSE FOLLOW-UP NOTICE ISSUED to Doctors for America and American Center for Law and Justice and Institute for Faith and Family. RE: notice requesting response follow-up notice [123]. Response to similar case notice due 08/22/2024. [1001621173] [23-2194] KH [Entered: 08/19/2024 10:02 AM] |
| 08/19/2024 | 138 1 pg, 96.36 KB |
COPY FOLLOW-UP NOTICE issued to Doctors for America, Economists and Advancing American Freedom, Inc., et al, and Institute for Faith and Family requesting additional copies of Amicus curiae briefs. [1001621181] Must be received in Clerk’s Office by 08/22/2024. [23-2194] KH [Entered: 08/19/2024 10:07 AM] |
| 08/20/2024 | 140 1 pg, 91.83 KB |
RESPONSE/ANSWER by Doctors for America to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001622349] [23-2194] Brian Burgess [Entered: 08/20/2024 03:43 PM] |
| 10/29/2024 | 153 | ORAL ARGUMENT heard before the Honorable J. Harvie Wilkinson, III, DeAndrea Gist Benjamin and Rossie David Alston, Jr.. Attorneys arguing case: Mr. David Charles Frederick for Appellant GenBioPro, Inc. and Erin Morrow Hawley for Appellee Patrick Morrisey. Courtroom Deputy: Anisha Walker. [1001662973] [23-2194] AW [Entered: 10/29/2024 11:01 AM] |
===
THE GENBIOPRO CASE AGAINST THE FDA
GenBioPro v. U.S. FDA, No. 8:23-cv-1057 (D. Md., filed April 19, 2023)
Complaint
US consent extension motion, June 22, 2023
Order for extension, June 23, 2023
Unopposed motion for stay, July 26, 2023
Stay order, August 1, 2023
Status report, August 30, 2023
[]
Joint status report, July 29, 2024
Stay order, August 2, 2024
Joint status report, October 31, 2024
Stay order, November 1, 2024
Joint status report, December 16, 2024
Stay order, December 17, 2024
===
THE WHOLE WOMAN’S HEALTH CASE AGAINST THE FDA
Whole Woman’s Health Alliance v. FDA, No. 3:23-cv-19 (W.D. Va., filed May 8, 2023)
Complaint
Motion and memo for preliminary injunction, May 8, 2023
Emergency motion for extension to respond, May 16, 2023
Opposition to extension, May 16, 2023
| 05/16/2023 | 20 | ORAL ORDER TRANSFERRING CASE. It is hereby ORDERED that this matter shall be TRANSFERRED to the docket of the Honorable Robert S. Ballou, United States District Judge for the Western District of Virginia, for all further action. Senior Judge Norman K. Moon is no longer assigned to the case. Entered by Senior Judge Norman K. Moon on May 16, 2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca) |
| 05/17/2023 | 21 | NOTICE of Hearing: (N) In Chambers Conference set for 5/17/2023 05:00 PM in by telephone conference before District Judge Robert S. Ballou. (kab) |
| 05/17/2023 | 22 | NOTICE of Hearing on Motion 8 MOTION for Preliminary Injunction : (CR) Motion Hearing set for 6/8/2023 11:00 AM in Charlottesville before District Judge Robert S. Ballou. (kab) |
| 05/17/2023 | 23 | ORAL ORDER granting 18 Motion for Extension of Time to File Response/Reply to the extent that Defendants’ response shall be due by the close of business on June 5, 2023. A supplemental briefing schedule will be discussed at the hearing on the Motion for a Preliminary Injunction (Dkt. 8), which is scheduled for June 8, 2023. Entered by District Judge Robert S. Ballou on 05/17/2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cmh) |
US motion for stay, June 5, 2023
US opposition to motion for preliminary injunction, June 5, 2023
[Hearing, not involving stay, June 8, 2023]
| 06/06/2023 | 28 | NOTICE of Hearing on 8 MOTION for Preliminary Injunction : (CR) . Motion Hearing set for 6/8/2023 11:00 AM in Charlottesville before District Judge Robert S. Ballou. (kld) Modified on 6/6/2023 to remove motion – Motion to Stay will NOT be heard at this hearing. (kld). |
Scheduling order, June 9, 2023
Unopposed US motion for extension, June 22, 2023
US supplemental brief, June 30, 2023
Plaintiffs’ supplemental reply, July 7, 2023
Memorandum opinion and order denying preliminary injunction, August 21, 2023
Joint status report, January 2, 2024
| 01/12/2024 | 54 | ORAL ORDER STAYING CASE The parties filed a status report on January 2, 2024, and agreed to stay this case pending the United States Supreme Court’s decisions in FDA v. Alliance for Hippocratic Medicine, No. 23-235, and Danco Laboratories, LLC v. Alliance for Hippocratic Medicine, No 23-236. Accordingly, this case is stayed pending the resolution of FDA v. Alliance for Hippocratic Medicine, No. 23-235, and Danco Laboratories, LLC v. Alliance for Hippocratic Medicine, No 23-236 and the parties are instructed to schedule a status conference with this Court 30 days after the Supreme Court issues its opinion(s) in those cases. The parties shall also submit a joint status report no less than 48 hours before the scheduled status conference. Entered by District Judge Robert S. Ballou on 1/12/2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(mlb) |
| 07/08/2024 | 55 | NOTICE of Hearing: (Zoom) NOTICE TO COUNSEL This hearing has been set for one hour. If you think the hearing will take longer than one hour please contact the Courtroom Deputy as soon as possible. (Click on this link for guidance for participation via Zoom and Click on this link for instructions on how to listen to public hearings) Status Conference set for 7/15/2024 10:00 AM in via Zoom before District Judge Robert S. Ballou. (kab) |
Joint status report, July 12, 2024
Hearing minutes, July 15, 2024
Motion and memo for summary judgment, October 23, 2024
US opposition and cross-motion, December 18, 2024
Scheduling order, January 2, 2025
| 01/03/2025 | 73 | Notice Rescheduling Hearing (CR) previously set for 5/8/2025 at 10:00am before Judge Ballou in ZOOM (Click on this link for guidance for participation via Zoom and Click on this link for instructions on how to listen to public hearings) Status Conference rescheduled for 5/19/2025 10:00 AM in via Zoom before District Judge Robert S. Ballou. (kab) |
===
THE MIFEPRISTONE PANDEMIC CASE AT THE SUPREME COURT
| Aug 26 2020 | Application (20A34) for a stay, submitted to The Chief Justice. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Aug 27 2020 | Response to application (20A34) requested by The Chief Justice, due Tuesday, September 8, by noon. |
| Aug 28 2020 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Indiana, et al. |
| Main DocumentOtherOtherProof of Service | |
| Sep 08 2020 | Response to application from respondents American College of Obstetricians and Gynecologists, et al. filed. |
| Main DocumentProof of Service | |
| Sep 08 2020 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by New York, et al. |
| Main DocumentProof of ServiceOther | |
| Sep 08 2020 | Brief of Amici Curiae Medical Associations in Support of Plaintiffs’ Opposition to Defendants’ Application for Stay Pending Appeal of Medical Associations not accepted for filing. (September 08, 2020) |
| Sep 08 2020 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by American Medical Association, et al. |
| Main Document | |
| Sep 10 2020 | Reply of applicants Food and Drug Administration, et al. filed. |
| ReplyProof of Service | |
| Oct 08 2020 | Application (20A34) referred to the Court. |
| Oct 08 2020 | The Government seeks a stay of an injunction preventing the Food and Drug Administration from enforcing in-person dispensation requirements for the drug mifepristone during the pendency of the public health emergency. The Government argues that, at a minimum, the injunction is overly broad in scope, given that it applies nationwide and for an indefinite duration regardless of the improving conditions in any individual State. Without indicating this Court’s views on the merits of the District Court’s order or injunction, a more comprehensive record would aid this Court’s review. The Court will therefore hold the Government’s application in abeyance to permit the District Court to promptly consider a motion by the Government to dissolve, modify, or stay the injunction, including on the ground that relevant circumstances have changed. See Febre v. United States, 396 U. S. 1225, 1225–1226 (1969) (Harlan, J., in chambers); see also Parr v. United States, 351 U. S. 513, 520 (1956). The District Court should rule within 40 days of receiving the Government’s submission. JUSTICE ALITO, with whom JUSTICE THOMAS joins, dissenting. (Detached Opinion). |
| Dec 15 2020 | Supplemental brief of applicants Food and Drug Administration, et al. filed. |
| Main DocumentOtherProof of Service | |
| Dec 16 2020 | Response to supplemental brief requested by The Chief Justice, due Tuesday, December 22, by 3 p.m. |
| Dec 22 2020 | Supplemental brief of respondents American College of Obstetricians and Gynecologists, et al. filed. |
| Main DocumentProof of Service | |
| Jan 12 2021 | Application (20A34) granted by the Court. The application for stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted, and the district court’s July 13, 2020 order granting a preliminary injunction is stayed pending disposition of the appeal in the United States Court of Appeals for the Fourth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. JUSTICE BREYER would deny the application. CHIEF JUSTICE ROBERTS, concurring in the grant of application for stay. (Detached Opinion). JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN joins, dissenting from grant of application for stay. (Detached Opinion). |
Privacy proposal
88 Fed. Reg. 23,506 (April 17, 2023)
AGs’ comment letter, June 16, 2023
Legislators’ letter, July 19, 2023
Affordable Care Act Litigation 