| No. 20-429 Vide 20-454, 20-539 | |
| Title: | American Medical Association, et al., Petitioners v. Xavier Becerra, Secretary of Health and Human Services, et al. |
| Docketed: | October 5, 2020 |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (19-35386, 19-35394, 19-15979) |
| Decision Date: | February 24, 2020 |
| Rehearing Denied: | May 8, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Oct 01 2020 | Petition for a writ of certiorari filed. (Response due November 4, 2020) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Oct 23 2020 | Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk. |
| Main Document | |
| Oct 26 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020. |
| Nov 04 2020 | Letter of October 26, 2020 from counsel for respondents Oregon, et al. received. |
| Main Document | |
| Nov 04 2020 | Brief of respondents States of Oregon, New York, California, et al. in support filed. |
| Main DocumentProof of Service | |
| Dec 04 2020 | Brief for the Federal Respondents filed. VIDED |
| Main DocumentProof of Service | |
| Dec 22 2020 | Reply of petitioners American Medical Association, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021. |
| Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021. |
| Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021. |
| Feb 22 2021 | Petition GRANTED. The petitions for writs of certiorari in Nos. 20-454 and 20-539 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Feb 22 2021 | 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. 20-429. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-429. 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.” |
| Mar 08 2021 | Motion for leave to intervene filed by State of Ohio and 18 Other States. VIDED. |
| Main DocumentProof of ServiceOther | |
| Mar 12 2021 | Joint stipulation to dismiss the cases in Nos. 20-429 and 20-539 pursuant to Rule 46.1 filed. VIDED. |
| Main DocumentProof of Service | |
| Mar 12 2021 | Joint stipulation to dismiss the case in No. 20-454 pursuant to Rule 46.1 filed. |
| Main DocumentProof of Service | |
| Mar 12 2021 | Motion for leave to intervene filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. VIDED. |
| Main DocumentOtherProof of Service | |
| Mar 15 2021 | Motion for leave to file a supplemental brief in support of intervention filed by State of Ohio and 18 Other States. VIDED. (To be printed) |
| Mar 15 2021 | Motion for leave to file a supplemental brief in support of intervention filed by State of Ohio and 18 Other States. VIDED. (March 18, 2021). |
| Main DocumentProof of ServiceOther | |
| Mar 15 2021 | Motion for leave to file a supplemental brief in support of intervention filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. VIDED. (To be printed) |
| Main DocumentProof of Service | |
| Mar 18 2021 | Response of the Federal Parties in opposition to the motions for leave to intervene filed. VIDED. |
| Proof of ServiceMain Document | |
| Mar 18 2021 | Response of American Medical Association, et al. in opposition to motions for leave to intervene filed. VIDED. |
| Main DocumentProof of ServiceOther | |
| Mar 18 2021 | Response of States of Oregon, New York, California, et al. in opposition to motions for leave to intervene filed. VIDED. |
| Proof of ServiceMain DocumentOther | |
| Mar 19 2021 | Motion for Leave to File a Supplemental Brief in Support of Intervention filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical and Dental Associations, Catholic Medical Association. VIDED. |
| Main DocumentOtherProof of Service | |
| Mar 19 2021 | Reply of State of Ohio and 18 Other States in support of motion to intervene filed. VIDED. |
| Main DocumentProof of Service | |
| Mar 22 2021 | Reply of American Association of Pro-Life Obstetricians & Gynecologists, et al. in support of motion to intervene filed. VIDED. |
| Main DocumentOtherProof of Service | |
| Apr 01 2021 | Motion for an extension of time to file the joint appendix and petitioners' briefs on the merits filed. VIDED. |
| Main Document | |
| Apr 01 2021 | Motion to extend the time to file the joint appendix and petitioners' briefs on the merits is granted, and the time is extended to and including May 6, 2021. VIDED. |
| Apr 15 2021 | Letter of April 15, 2021 from the Acting Solicitor General filed. VIDED. |
| Main Document | |
| Apr 26 2021 | The Acting Solicitor General is directed to file a letter brief addressing the following question: Whether the Government intends to continue to enforce the challenged rule and regulations outside the State of Maryland until the completion of notice and comment; and, if further litigation is brought against the challenged rule and regulations outside of Maryland, how the Government would intend to respond. The brief, not to exceed three pages, is to be filed by Monday, May 3, 2021. The non-federal parties and the proposed intervenors may submit any responses in letter briefs, not to exceed three pages each, by Monday, May 10, 2021. VIDED. |
| Apr 29 2021 | Motion for a further extension of time to file the joint appendix and petitioners' briefs on the merits filed. VIDED. |
| Main Document | |
| Apr 29 2021 | Motion for a further extension of time to file the joint appendix and petitioners' briefs on the merits granted, and the time is extended to and including June 3, 2021. VIDED. |
| May 03 2021 | Letter brief of the Acting Solicitor General filed. VIDED. (Distributed) |
| Main Document | |
| May 10 2021 | Letter brief in response of proposed intervenors State of Ohio and 18 Other States filed. VIDED. (Distributed) |
| Main DocumentProof of Service | |
| May 10 2021 | Letter brief in response of proposed intervenors American Association of Pro-Life Obstetricians & Gynecologists, et al. filed. VIDED. (Distributed). |
| Main Document | |
| May 17 2021 | The Government has filed a letter brief representing that it will continue enforcing the challenged rule and regulations outside the State of Maryland for as long as they remain operative. If further litigation is brought against the challenged rule and regulations outside of Maryland, the Government represents that it will either oppose that litigation on threshold grounds or seek to hold the litigation in abeyance pending the completion of notice and comment. In light of the Government’s representations, the motions for leave to intervene are denied, and the petitions in Nos. 20-429, 20-454, and 20-539 are dismissed pursuant to Rule 46.1. If the Government fails to enforce the challenged rule and regulations outside of Maryland prior to the completion of notice and comment, or if litigation is brought against the challenged rule and regulations outside of Maryland, any aggrieved party may file an application in this Court after seeking relief in the appropriate District Court and Court of Appeals. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the motions for leave to intervene and deny the stipulations to dismiss the petitions. VIDED. |
| May 17 2021 | Motion for leave to intervene filed by State of Ohio and 18 Other States DENIED. VIDED. |
| May 17 2021 | Motion for leave to intervene filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. DENIED. VIDED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Paul Reinherz Quitman Wolfson Counsel of Record | Wilmer Cutler Pickering Hale and Dorr, LLP 1875 Pennsylvania Ave., NW Washington, DC 20006 paul.wolfson@wilmerhale.com | 2026636390 |
| Party name: American Medical Association, et al. | ||
| Attorneys for Respondents | ||
| Elizabeth B. Prelogar Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Xavier Becerra, Secretary of Health and Human Services, et al. | ||
| Andrew Timothy Tutt Counsel of Record | Arnold & Porter Kaye Scholer 601 Massachusetts Ave. NW Washington, DC 20001 andrew.tutt@arnoldporter.com | 202-942-5000 |
| Party name: Mayor and City Council of Baltimore | ||
| Barbara Dale Underwood Counsel of Record | Solicitor General Office of the Attorney General 28 Liberty Street New York, NY 10005-1400 Barbara.underwood@ag.ny.gov | 212-416-8016 |
| Party name: States of Oregon, New York, California, et al. | ||
| Other | ||
| John J. Bursch Counsel of Record | Alliance Defending Freedom 440 First Street NW Suite 600 Washington, DC 20001 jbursch@adflegal.org | (616) 450-4235 |
| Party name: American Association of Pro-Life Obstetricians & Gynecologists, et al. | ||
| Benjamin Michael Flowers Counsel of Record | Ohio Attorney General Dave Yost 30 E. Broad St. Columbus, OH 43215 benjamin.flowers@ohioattorneygeneral.gov | 6144668980 |
| Party name: State of Ohio and 18 Other States | ||