| No. 21A240 | |
| Title: | Joseph R. Biden, Jr., President of the United States, et al., Applicants v. Missouri, et al. |
| Docketed: | December 16, 2021 |
| Lower Ct: | United States Court of Appeals for the Eighth Circuit |
| Case Numbers: | (21-3725) |
| Date | Proceedings and Orders |
| Dec 16 2021 | Application (21A240) for a stay, submitted to Justice Kavanaugh. |
| Proof of ServiceMain DocumentLower Court Orders/Opinions | |
| Dec 17 2021 | Response to application (21A240) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021. |
| Dec 21 2021 | Motion for leave to file amici curiae brief filed by American Medical Association, et al. |
| Main DocumentProof of ServiceOther | |
| Dec 22 2021 | Application (21A240) referred to the Court. |
| Dec 22 2021 | Consideration of the application (21A240) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. Consideration of the application (No. 21A241) for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
| Dec 22 2021 | Motion for leave to file amici curiae brief filed by Service Employees International Union, et al. |
| Main DocumentOtherProof of Service | |
| Dec 23 2021 | Because the Court has consolidated these applications for oral argument, future filings and activity in 21A240 and 21A241 will now be reflected on the docket of No. 21A240. Subsequent filings must therefore be submitted through the electronic filing system in No. 21A240. Any document submitted in connection with either of these applications must include on its cover the application number and caption for each application in which the filing is intended to be submitted. Where a filing is submitted in only one application, the docket entry will reflect that; a document filed in both applications will be noted as “VIDED.” |
| Dec 23 2021 | Replies, if any, shall be filed by 10 a.m., Monday, January 3, 2022. VIDED. |
| Dec 23 2021 | Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED. |
| Main DocumentProof of ServiceOther | |
| Dec 27 2021 | Motion for leave to file amici curiae brief filed by Former Secretaries of Health and Human Services, et al. VIDED. |
| Main DocumentProof of ServiceOther | |
| Dec 28 2021 | Motion for divided argument filed by respondents. VIDED. |
| Main DocumentProof of Service | |
| Dec 30 2021 | Motion for divided argument filed by respondents GRANTED. VIDED. |
| Dec 30 2021 | Response to application from respondent Missouri, et al. filed. |
| Main DocumentMain DocumentProof of Service | |
| Dec 30 2021 | Response to application from respondents Louisiana, et al. filed. VIDED. |
| Main DocumentProof of Service | |
| Dec 30 2021 | Motion for leave to file amici curiae brief filed by Baptist Homes & Healthcare Ministries, et al. |
| Main DocumentOtherProof of Service | |
| Jan 03 2022 | Reply of applicants Joseph R. Biden, et al. filed. VIDED. |
| Proof of ServiceReply | |
| Jan 03 2022 | Motion for leave to file amicus curiae brief filed by Reliant Care Mangement Company, L.L.C. VIDED. |
| Main DocumentProof of ServiceOther | |
| Jan 03 2022 | Motion for leave to file amici curiae brief filed by Doctors for Disaster Preparedness and Eagle Forum Education & Legal Defense Fund. |
| Main DocumentOtherProof of Service | |
| Jan 07 2022 | Argued. For applicants in 21A240 and 21A241: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents in 21A240: Jesus A. Osete, Deputy Attorney General, Jefferson City, Mo. For respondents in 21A241: Elizabeth Murrill, Solicitor General, Baton Rouge, La. VIDED. |
| Jan 13 2022 | The applications for stay presented to JUSTICE ALITO (21A241) and JUSTICE KAVANAUGH (21A240) and by them referred to the Court are granted. The District Court for the Eastern District of Missouri’s November 29, 2021, order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Eighth Circuit and the disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. The District Court for the Western District of Louisiana’s November 30, 2021, order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Fifth Circuit and the disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Opinion per curiam. Thomas, J., filed a dissenting opinion, in which Alito, Gorsuch and Barrett, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, Gorsuch and Barrett, JJ., joined. VIDED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: Joseph R. Biden, et al. | ||
| Attorneys for Respondents | ||
| Drew Curtis Ensign Counsel of Record | Office of the Attorney General 2005 N. Central Avenue Phoenix, AZ 85004 drew.ensign@azag.gov | 602-542-5025 |
| Party name: State of Arizona | ||
| Jesus Armando Osete | Office of the Attorney General of Missouri Supreme Court Building 207 W. High St., P.O. Box 899 Jefferson City, MO 65102 Jesus.Osete@ago.mo.gov | 5737511800 |
| Party name: State of Missouri, et al. | ||
| D. John Sauer Counsel of Record | Office of the Attorney General Supreme Court Building, 207 West High Street P.O. Box 899 Jefferson City, MO 65102 john.sauer@ago.mo.gov | 573-751-3321 |
| Party name: State of Missouri, et al. | ||
| Other | ||
| Jessica Anne Morton Counsel of Record | Democracy Forward Foundation P.O. Box 34553 Washington, DC 20043 jmorton@democracyforward.org | 202-843-1642 |
| Party name: American Medical Association, et al. | ||
| Barbara Jane Chisholm Counsel of Record | Altshuler Berzon LLP 177 Post Street, Suite 300 San Francisco, CA 94108 bchisholm@altber.com | 4154217151 |
| Party name: Service Employees International Union; American Federation of Teachers; and American Federation of State, County, and Municipal Employees | ||
| Deepak Gupta Counsel of Record | Gupta Wessler PLLC 2001 K Street NW Suite 850 North Washington, DC 20006 deepak@guptawessler.com | (202) 888-1741 |
| Party name: American Public Health Association, Association of American Medical Colleges, 22 deans of leading academic programs, and 126 leading public health and health policy scholars | ||
| Andrew John Pincus Counsel of Record | Mayer Brown LLP 1999 K Street, NW Washington, DC 20006 apincus@mayerbrown.com | 202-263-3220 |
| Party name: Former Secretaries of Health and Human Services, Former Administrators of the Centers for Medicare and Medicaid Services, and Other Former Federal Health Officials | ||
| Andrew L. Schlafly Counsel of Record | 939 Old Chester Road Far Hills, NJ 07931 aschlafly@aol.com | 908-719-8608 |
| Party name: Doctors for Disaster Preparedness and Eagle Forum Education & Legal Defense Fund | ||
| Michael Thomas Raupp Counsel of Record | Husch Blackwell LLP 4801 Main Street, Suite 1000 Kansas City, MO 64112 michael.raupp@huschblackwell.com | 816-983-8000 |
| Party name: Reliant Care Mangement Company, L.L.C. | ||
| Jonathan Radford Whitehead Counsel of Record | Law Offices of Jonathan R. Whitehead, LLC 229 SE Douglas St., Ste 210 Lee's Summit, MO 64063 jon@whiteheadlawllc.com | 18163988305 |
| Party name: Baptist Homes & Healthcare Ministries and the Christian Life Commission of the Missouri Baptist Convention | ||
| Mary Holland Counsel of Record | Children's Health Defense 1227 N. Peachtree Parkway Suite 202 Peachtree City, GA 30269 mary.holland@childrenshealthdefense.org | 2028541310 |
| Party name: Nobel Laureate Dr. Luc Montagnier et al | ||