Transition 2020-2021

Here’s a summary of health-related litigation where there’s a Trump to Biden transition underway, or a possible transition; I’ll try to update the summary when needed.

transition-update-4-9


Links to pre-January-20 cases where a transition is underway

The Global Challenge, see https://affordablecareactlitigation.com/a-global-challenge/

The challenges to the Trump Administration association health plan regulations, see https://affordablecareactlitigation.com/whittling-away/

The challenges to the 2018/19 Trump Administration notice of benefit and policy parameters, see https://affordablecareactlitigation.com/whittling-away/

The challenges to the Trump Administration short-term limited-duration regulations, see https://affordablecareactlitigation.com/whittling-away/

The challenges to the Trump Administration 1557 regulations, see https://affordablecareactlitigation.com/aca-enforcement-directly-and-1557/

The challenges to the Trump Administration religious and moral objections regulations, see https://affordablecareactlitigation.com/religious-and-moral/

The challenges to the Trump Administration 1303 regulations, see https://affordablecareactlitigation.com/religious-and-moral/

The challenges to the Trump Administration Title X regulations, see https://affordablecareactlitigation.com/title-x-program-integrity/

The challenges to the Trump Administration statutory conscience protections, see https://affordablecareactlitigation.com/statutory-conscience-rights/

The challenges to the Trump Administration 1115 “community engagement” policies, see https://affordablecareactlitigation.com/1115-medicaid-waivers-community-engagement/

The challenges (if any) to the Trump Administration’s Medicaid block grant policies, see https://affordablecareactlitigation.com/medicaid-1115-block-grant-waivers/

The challenge to the Trump Administration’s 1332 policies, in the form of the complaint against Georgia’s 1332 waiver, see https://affordablecareactlitigation.com/1332-2/

Non-ACA cases:

The sunset rule case, County of Santa Clara v. U.S. D.H.H.S., No. 5:21-cv-1655 (N.D. Cal.), filed March 18, 2021

County-of-Santa-Clara-et-al.-v.-HHS-et-al.-Complaint-3.9.21

The challenge to the SNAP work requirements no-waiver policy, see D.C./Bread for the City v. Dep’t of Agriculture, 1:20-cv-119 (D. D.C.), appeals, Nos. 20-5136 and 20-5371 (D.C. Cir.), https://affordablecareactlitigation.com/miscellaneous-aca-litigation/

The challenges to the Biden Administration deportation pause

6:21-cv-3 (S.D. Tex.)

2:21-cv-186 (D. Ariz.)

Texas v. U.S., the Unworthy Immigration Agreement case, No. 6:21-cv-3 (S.D. Tex., filed January 22, 2021)

Complaint

Texas complaint 1 22

Note: Exhibits A-C are appended both to the Complaint and the TRO motion

Emergency TRO application

Emergency TRO application 1 22

Exhibit A, the Unworthy Immigration Agreement (executed 12/31 and 1/8)

US-Texas Agreement 12 31 20 1 8 21

Exhibit B, Pekoske memo, January 20

Pekoske memo 1 20

Exhibit C, Paxton letter to Pekoske, January 21

Paxton letter to Pekoske 1 21

Exhibit D, Smoot affidavit

Smoot affidavit

Exhibit E, Lopez declaration

Lopez declaration

Proposed TRO

Proposed TRO

ACLU amicus filing, January 22, 2021

6 21 cv 3 ACLU

Texas ‘advisory,’ January 24, 2021

Texas advisory

Order for conference, January 24, 2021

conference setting

US opposition to TRO, January 25, 2021

US TRO op

US response to advisory, January 25, 2021

01/25/2021 Minute Entry for proceedings held before Judge Drew B Tipton. ZOOM HEARING held on 1/25/2021. Regarding Advisory 6 . The Court instructs Defense Counsel to submit a copy of the email referenced in the Advisory (Dkt. 6) and to preserve any evidence, emails, texts, instant messages or any other communication from January 22, 2021 forward related to the release of individuals in custody that were subject to an Order of Removal. Defense Counsel is further instructed to verify and advise the Court whether the only individuals in custody that were subject to an Order of Removal that have been released since January 22, 2021 were pursuant to the California litigation referenced in (Dkt. #9). Defense Counsel is further instructed to advise the Court of the number of individuals in custody that were subject to an Order of Removal who have been released from custody in the United States since Friday January 22, 2021 and the locations from which they were released. Appearances:Adam Kirschner. William Thomas Thompson, Patrick K Sweeten, Daniel David Hu.(Digital # 8:01-8:35)(ERO:Annette Martinez), filed.(KelliePapaioannou, 2) (Entered: 01/25/2021)

US notice re e-mails, January 25, 2021

US notice re e-mails 1 25

TRO, January 26, 2021

Texas v. US TRO 1 26 21

RAICES intervention papers, January 27, 2021

raices interv

01/29/2021 Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 1/29/2021. Motion to Intervene 28 discussed. Responses to motion due by Wednesday, February 3, 2021. Discovery issues addressed. The parties agree and the Court limits interrogatories to seven, requests for admissions to five and no requests for production. Parties may attach any evidence to supplemental briefings. Primary briefing is limited to 40 pages. Replies limited to 25 pages. Times New Roman font 12pt to be used for the body and Times New Roman 11pt to be used for footnotes. The Court discourages excessive use of footnotes. The Court orders the United States to produce the Administrative Record by 2/3/2021. Briefing schedule to be entered. Appearances:Cody Wofsy. Andre Ivan Segura, Brian C Rosen-Shaud, Adam David Kirschner, Todd Lawrence Disher, Patrick K Sweeten, Daniel David Hu.(Digital # 11:03-12:46)(ERO:Frenchie Carbia), filed.(KelliePapaioannou, 2) (Entered: 01/29/2021)

Notice to the parties of issue, February 1, 2021

Notice of issue

Texas opposition to RAICES intervention, February 3, 2021

Texas op Raices interv

Memorandum and order for preliminary injunction, February 23, 2021

Preliminary injunction 2 23 21

Reade amicus request, March 1, 2021

Reade amicus 3 1 21

03/09/2021 Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 3/9/2021. The United States deadline for filing an Answer is extended to May 27, 2021. The Parties have agreed to stay discovery until the United States Answers. Discussion held regarding the refusal of ICE to honor detainers which have historically resulted in the removal of aliens who have committed felonies and who are completing their federal sentences. Further discussion held regarding the refusal of ICE to remove aliens who have committed felonies that have requested to be deported. The Court instructs counsel for the United States to provide the name of the individual within DHS that has instructed ICE to not remove aliens who have committed felonies and who are completing their federal sentences, as well as the name of the individual within DHS that has instructed ICE to not remove aliens who have committed felonies and have requested to be deported. Appearances: Kathryn Lynn Huddleston, Adam David Kirschner, Todd Lawrence Disher, Patrick K Sweeten, Daniel David Hu.(Digital # 10:01-10:23)(ERO:Verlinda Rios), filed.(KelliePapaioannou, 2) (Entered: 03/10/2021)

Arizona v. U.S. D.H.S., No. 2:21-cv-186 (D. Ariz.)

Arizona complaint with exhibits, February 3, 2021

merged_31036_-1-1612583362

Arizona/Montana motion for preliminary injunction, March 8, 2021

merged_31156_-1-1615325250

Immigration Law Reform Institute amicus, March 24, 2021

file0.379422494015795

US opposition to motion for preliminary injunction, March 26, 2021

merged_50842_-1-1616883219

ACLU amicus, March 26, 2021

merged_64866_-1-1616883303

Unopposed US motion for extension of time to answer, March 30, 2021

merged_21607_-1-1617203758

Order granting extension of time to answer, March 30, 2021

file0.370590941785974

Motion to transfer Puente Human Rights Movement case to Judge Bolton, March 30, 2021

merged_56708_-1-1617203830

Arizona/Montana reply supporting preliminary injunction, April 2, 2021, with exhibits

merged_45919_-1-1617502900

Puente Human Rights Movement v. Brnovich, No. 2:21-cv-446 (D. Ariz)

Complaint, March 16, 2021

merged_6975_-1-1617204394

Unopposed motion for extension of time to answer, March 29, 2021

merged_57566_-1-1617204424

Order granting motion for extension of time to answer, March 29, 2021

file0.0942785316530141

Motion to transfer Puente Human Rights Movement case to Judge Bolton, March 30, 2021

merged_56708_-1-1617203830

US filing supporting transfer, April 6, 2021

21821393-0–118275

Intervening on appeal at the Supreme Court to defend a prior Administration’s regulation

SUPREME COURT MOTION PRACTICE IN THE TITLE X CASES, Nos. 20-429, 20-454, 20-539

Ohio motion to intervene in Supreme Court case, March 8, 2021

20210308151317902_Title X Intervention Motion

Joint stipulation to dismiss, March 12, 2021

20210312173545229_20-429 and 20-539 – AMA v. Cochran – Oregon v. Cochran – Stipulation to Dismiss

American Ass’n of Pro-Life Ob’s and Gyn’s motion to interevene or present oral argument in Supreme Court case, March 12, 2021

20210312142720890_20-429 Motion to Intervene of The American Association of Pro-Life Obstetricians Gynecologists

AAPLObGyn’s motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315161031026_20-429 Motion for leave to file a supplement brief in support of intervention and proposed supplemental brief_FINAL

Ohio et al motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315162546294_Motion for Leave to File Supp Brief

US opposition to motions to intervene, March 18, 2021

20210318164758577_20-429 et al. American Medical Assn et al. Govt Opp to Motions to Intervene

State petitioners’ opposition to motions to intervene, March 18, 2021

20210318191449392_20-539 States of Oregon et al Opposition to Motions to Intervene.Final

AMA, et al, opposition to motions to intervene, March 18, 2021

20210318192845954_20-429 and 20-454 – AMA v. Cochran – Opposition to Motions to Intervene

Ohio supplemental filing and motion for leave to file, March 19, 2021

20210319081851347_SCOTUS Motion for Leave to File Supp Brief re Intervention

AAPLObGyn supplemental filing and motion for leave to file, March 19, 2021

20210319121745519_20-429 Motion for Leave to File a Supplement Brief in Support of Intervention and Brief in Support of Intervention

Ohio reply supporting intervention, March 19, 2021

20210319150728838_Reply ISO Intervention

AAPLObGyn reply supporting intervention, March 22, 2021

20210322130659907_2021.03.22 Reply in Support of Motion to Intervene with Declaration

Intervening on appeal to defend a prior Administration’s regulation (Supreme Court, Ninth Circuit)

SUPREME COURT AND NINTH CIRCUIT MOTION PRACTICE IN ONE OF THE PUBLIC CHARGE CASES, Nos. 20-449, 20-450, and 20-962; Nos. 19-17213, 19-17214, and 19-35044 (9th Cir.)

Stipulation to dismiss petition, March 9, 2021

20210309095806348_20-962 – USCIS v City and County of San Francisco Dismissal Stipulation

Mar 09 2021Petition Dismissed – Rule 46.

US notice re Cook County case and new policy, March 10, 2021

merged_58850_-1-1615473350

US letter re dismissal of petition, March 10, 2021

9C US letter re cert dismissal 3 10 21

Arizona motion to intervene, March 10, 2021

9C Arizona motion to intervene 3 10 21

South Carolina motion to join Arizona intervention, March 11, 2021

9C SC amicus join mo

US opposition to intervention, March 22, 2021

9C US op interv

Plaintiffs’ joint opposition to intervention, March 22, 2021

9C state pltfs interv op

Intervening on appeal to defend a state law (case taken by the Supreme Court, March 29, 2021)

EMW Women’s Surgical Center v. Friedlander, No. 19-5516 (6th Cir.)

Sixth Circuit order denying intervention, June 24, 2020

6C order denying intervention

Sixth Circuit order rejecting Cameron petition for rehearing en banc, July 16, 2020

6C order rejecting rheb petition

Cameron petition for cert, No. 20-601, October 30, 2020

20201030151534720_Cameron PFC Petition-1

Arizona et al brief in support, December 7, 2020

20201207135426780_20-601 Amici Brief States

Plaintiffs’ opposition to Cameron cert petition, February 5, 2021

20210205130341140_20-601 Cameron v EMW Women Surgical Center Brief in Opposition

Cameron reply, February 19, 2021

20210219152550103_20-601 Reply in Support of Cert

Order, No. 20-601, March 29, 2021

Mar 29 2021Petition GRANTED limited to Question 1 presented by the petition.