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
[Response due, 5/30, reply, 6/13, hearing, 6/29]
+++
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
San Francisco amicus, May 8, 2023
[]
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
====
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
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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. |
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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
https://affordablecareactlitigation.files.wordpress.com/2023/05/5c-adv-am-freedom-amicus-5-12-23.pdf
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.files.wordpress.com/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] |
====
FDA opinion
States’ letter
====
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) |
===
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
https://affordablecareactlitigation.files.wordpress.com/2023/05/pltf-supp-auth-natl-pork-5-16-23.pdf
Plaintiffs’ opposition to motion to dismiss/reply, May 19, 2023
===
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
===
THE GENBIOPRO CASE AGAINST THE FDA
GenBioPro v. U.S. FDA, No. 8:23-cv-1057 (D. Md., filed April 19, 2023)
Complaint
===
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) |
===
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). |
Affordable Care Act Litigation 