| No. 20A34 | |
| Title: | Food and Drug Administration, et al., Applicants v. American College of Obstetricians and Gynecologists, et al. |
| Docketed: | August 26, 2020 |
| Lower Ct: | United States Court of Appeals for the Fourth Circuit |
| Case Numbers: | (20-1824) |
| Date | Proceedings and Orders |
| 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). |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Jeffrey B. Wall 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: United States Food and Drug Administration, et al. | ||
| Attorneys for Respondents | ||
| Julia Heather Kaye Counsel of Record | American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 jkaye@aclu.org | 212-549-2633 |
| Party name: American College of Obstetricians and Gynecologists, et al. | ||
| Other | ||
| 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: New York, et al. | ||
| Thomas M. Fisher Counsel of Record | Office of the Indiana Attorney General IGC South, Fifth Floor 302 W. Washington Indianapolis, IN 46204 tom.fisher@atg.in.gov | 317-232-6255 |
| Party name: State of Indiana, et al. | ||
| Kimberly A. Parker Counsel of Record | Wilmer, Cutler & Pickering 1875 Pennsylvania Avenue, NW Washington, DC 20006 kimberly.parker@wilmerhale.com | 202-663-6987 |
| Party name: Medical Associations | ||