from the United States Court of Appeals for the Fifth Circuit
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Judgment REVERSED. Breyer, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined, in which Thomas, J., joined except as to Parts III–C and IV–F, and in which Kavanaugh, J., joined as to Parts I, II, and III. Gorsuch, J., and Kavanaugh, J., filed dissenting opinions. VIDED.
Argued. For June Medical Services L.L.C., et al.: Julie Rikelman, New York, N. Y. For Stephen Russo, Interim Secretary, Louisiana Department of Health and Hospitals: Elizabeth Murrill, Solicitor General, Baton Rouge, La.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
Motion for leave to file amicus brief out of time filed by Foundation for Life DENIED.
Reply of respondent Stephen Russo filed. VIDED. (Distributed)
Record received from the U.S.D.C. Middle District of Louisiana, the Record on Appeals is electronically filed.
Letter from counsel for respondent/cross-petitioner notifying the Clerk of substitution of party filed. VIDED.
Motion for leave to file amicus brief out of time filed by Foundation for Life (in 18-1323).
Consolidated opening brief (No. 18-1460) and reply (No. 18-1323) of June Medical Services L.L.C., et al. filed. VIDED. (Distributed)
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
CIRCULATED
Motion of Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals, to supplement the record and to file certain documents under seal DENIED. VIDED.
Joint motion to extend the time to file briefs on the merits granted. The time to file the consolidated opening brief and reply of petitioners in 18-1323 is extended to and including Friday, January 24, 2020. The reply brief of respondents in 18-1323 shall be filed pursuant to Rule 25.3. VIDED.
Joint motion for an extension of time to file briefs on the merits filed. VIDED.
The record from the U.S.D.C. Middle District of Louisiana is electronic and located on PACER, with the exception of SEALED material that's electronic.
The record from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Record requested from the U.S.C.A. 5th Circuit.
Response to motion to enlarge the record from petitioners June Medical Services L.L.C., et al. filed. VIDED.
Brief amicus curiae of International Conference of Evangelical Chaplain Endorsers filed (in 18-1323). (Distributed)
Brief amici curiae of Abby Johnson and Terry Beatley filed. VIDED.
Amicus brief of Illinois Right to Life not accepted for filing. (To be reprinted - January 03, 2020)
Brief amicus curiae of United States filed. VIDED
Brief amici curiae of States of Arkansas, Indiana, et al filed. VIDED.
Brief amici curiae of Ethics & Religious Liberty Commission and Lutheran Church-Missouri Synod filed. VIDED.
Brief amici curiae of 207 Members of Congress filed. VIDED.
Brief amicus curiae of The Susan B. Anthony List filed. VIDED.
Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Brief amici curiae of Operation Rescue and The National Hispanic Christian Leadership Conference filed. VIDED.
Brief amicus curiae of Independence Law Center filed. VIDED.
Brief amici curiae of Pro-Life Legal Defense Fund, et al. filed. VIDED.
Brief amicus curiae of Right to Life of Michigan filed. VIDED.
Brief amicus curiae of Americans United for Life filed. VIDED.
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Brief amicus curiae of Illinois Right to Life filed. (January 8, 2020). VIDED.
Brief amici curiae of Billy Graham Evangelistic Association, et al. filed (in 18-1323).
Brief amicus curiae of Judicial Watch, Inc. filed (in 18-1460).
Brief amici curiae of American Center for Law & Justice, et al. filed. VIDED.
Brief amici curiae of National Institute of Family and Life Advocates, et al. filed. VIDED.
Brief amici curiae of Samaritan's Purse, et al. filed.
Brief amicus curiae of Louisiana State Legislators filed. VIDED. (Distributed)
Brief amicus curiae of CatholicVote.org Education Fund filed (in 18-1323).
Brief amici curiae of Former Abortion Providers; The National Association of Catholic Nurses, USA; and the Association of Catholic Bioethics Center filed (in 18-1323). (Distributed)
Amicus brief of International Conference of Evangelical Chaplain Endorsers not accepted for filing. (January 28, 2020). (Corrected version submitted)
Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
Brief amicus curiae of African American Prolife Organizations filed. VIDED.
Brief amicus curiae of Attorney Mary J. Browning filed. VIDED.
Brief amici curiae of 2,624 Women Injured By Abortion, Operation Outcry, and The Justice Foundation filed. VIDED.
Brief amici curiae of Melinda Thybault, Founder of The Moral Outcry Petition, Individually and Acting on Behalf of 264,500 Signers of The Moral Outcry Petition filed. VIDED.
Brief amici curiae of Inner Life Fund and The Institute for Faith and Family filed. VIDED.
Brief amici curiae of National Right to Life Committee, et al. filed (in 18-1323).
Brief amicus curiae of State of Texas filed. VIDED.
Brief amici curiae of US Conference of Catholic Bishops, et al. filed. VIDED.
Brief amicus curiae of Family Research Council filed. VIDED.
Brief amicus curiae of Association of American Physicians and Surgeons, Inc. filed. VIDED.
Brief amici curiae of Concerned Women for America & Charlotte Lozier Institute filed (in 18-1460).
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED.
Brief amicus curiae of Legal Center for Defense of Life filed.
Brief amicus curiae of Thomas More Society filed. VIDED.
Brief amicus curiae of American Association of Pro-Life Obstetricians and Gynecologists filed. VIDED.
Brief amici curiae of Priests for Life and Rachel's Vineyard filed. VIDED.
Brief amici curiae of Louisiana Family Forum, et al. filed. VIDED.
Brief amicus curiae of Senator Josh Hawley filed. VIDED.
Consolidated opening brief of Rebekah Gee, Secretary, Louisiana Dept. of Health and Hospitals filed. VIDED.
Motion to supplement the record and to file certain documents under seal filed by Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals. VIDED.
Request to lodge pursuant to Rule 32.3 of Rebekah Gee not accepted for filing. (January 09, 2020).
Brief amicus curiae of State of Idaho filed. VIDED.
Brief amicus curiae of Foundation for Moral Law filed. VIDED.
Lodging proposal of amici curiae Social Science Researchers filed. VIDED. (Distributed)
Brief amici curiae of If/When/How: Lawyering For Reproductive Justice, et al. filed. VIDED.
Brief amici curiae of LGBTQ Organizations filed (in 18-1323). (December 3, 2019). VIDED.
Amicus brief of LGBTQ Organizations not accepted for filing. (Corrected electronic version to be submitted - December 3, 2019).
Brief amici curiae of Medical Staff Professionals filed. VIDED.
Amicus brief of Organizations And Individuals Dedicated To The Fight For Reproductive Justice – Women With A Vision et al. not accepted for filing. (December 04, 2019 -- Corrected brief to be submitted)
Brief amicus curiae of Information Society Project at Yale Law School filed (in 18-1323).
Brief amici curiae of Whole Woman's Health and Whole Woman's Health Alliance filed (in 18-1460).
Brief amici curiae of Tort Law Scholars filed. VIDED.
Brief amici curiae of Michele Coleman Mayes, Claudia Hammerman, et al. filed. VIDED.
Brief amici curiae of Organizations And Individuals Dedicated To The Fight For Reproductive Justice – Women With A Vision et al. filed. (December 5, 2019). VIDED.
Brief amici curiae of National Health Law Program, et al. filed. (December 3, 2019). VIDED.
Amicus brief of National Health Law Program, et al. not accepted for filing. (Corrected electronic version submitted).
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED.
Brief amici curiae of Feminist Majority Foundation, et al. filed. VIDED.
Brief amici curiae of Planned Parenthood Federation of America, et al. filed. VIDED.
Brief amicus curiae of Constitutional Accountability Center filed (in 18-1323).
Brief amici curiae of Catholics for Choice, et al. filed. VIDED.
Brief amici curiae of States of New York, et al filed. VIDED.
Brief amici curiae of Federal Courts Scholars filed. VIDED.
Brief amici curiae of Former Federal Judges and Department of Justice Officials filed. VIDED.
Brief amicus curiae of American Bar Association filed.
Brief amici curiae of Ibis Reproductive Health and Other Organizations filed (in 18-1323).
Brief amici curiae of The American Civil Liberties Union and The ACLU of Louisiana filed (in 18-1323).
Brief amici curiae of Constitutional Law Scholars filed (in 18-1323).
SET FOR ARGUMENT on Wednesday, March 4, 2020. VIDED.
Joint appendix filed (7 volumes & 1 sealed volume). VIDED.
Brief of petitioners June Medical Services L.L.C., et al. filed (in 18-1323).
Motion for leave to file the joint appendix pursuant to Rule 33.2 with one volume under seal GRANTED.
Blanket Consent filed by Respondent, Rebekah Gee. VIDED
Motion for leave to file the joint appendix pursuant to Rule 33.2 filed by petitioners June Medical Services L.L.C., et al. VIDED.
Addendum to motion to file the joint appendix pursuant to Rule 33.2 (for leave to file one volume under seal) filed. (November 13, 20190. VIDED.
Blanket Consent filed by Petitioner, June Medical Services L.L.C., et al. VIDED
Upon consideration of the joint motion for an extension of time to file the briefs on the merits, petitioners in No. 18-1323 shall file an opening brief limited to the questions presented in its petition on or before Monday, November 25, 2019. The brief is to bear a light blue cover and is limited to 13,000 words. Respondent in No. 18-1323 shall file a consolidated opening brief on the questions presented in both cases on or before Thursday, December 26, 2019. The brief is to bear a light red cover and is limited to 21,500 words. Petitioners in No. 18-1323 shall file consolidated opening brief and reply on or before Friday, January 17, 2020. The brief is to bear a yellow cover and is limited to 14,500 words. Respondent in No. 18-1323 shall file with the Clerk and serve upon counsel a reply brief, limited to the questions presented in its petition, on or before 2 p.m., Tuesday, February 18, 2020. The brief is to bear a tan cover and is limited to 6,000 words. Amicus curiae briefs in support of petit...
Joint motion for an extension of time to file the briefs on the merits filed. VIDED.
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. 18-1323. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1323. 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.”
Petition GRANTED. The petition for a writ of certiorari in No. 18-1460 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Reply of petitioners June Medical Services L.L.C., et al. filed.
Brief of respondent Rebekah Gee, Secretary of the Louisiana Department of Health and Hospitals in opposition filed.
Amicus brief of 2,556 Operation Outcry Women Injured By Abortion and The Justice Foundation not accepted for filing. (June 27, 2019)
Brief amicus curiae of Senator Josh Hawley in support of respondent filed. VIDED.
Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed.
Brief amici curiae of Former Federal Judges and Department of Justice Officials filed.
Motion to extend the time to file a response is granted and the time is extended to and including July 19, 2019.
Motion to extend the time to file a response from May 20, 2019 to July 19, 2019, submitted to The Clerk.
Petition for a writ of certiorari filed. (Response due May 20, 2019)
Application (18A774) granted by the Court. The application for a stay presented to JUSTICE ALITO and by him referred to the Court is granted, and the mandate of the United States Court of Appeals for the Fifth Circuit in case No. 17-30397 is stayed pending the timely filing and disposition of a petition for a writ of certiorari. 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 THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE KAVANAUGH would deny the application. JUSTICE KAVANAUGH, dissenting from grant of application for stay. (Detached Opinion)
Application (18A774) referred to the Court.
Because the filings regarding the application for a stay in this matter were not completed until earlier today and the Justices need time to review these filings, the issuance of the mandate of the United States Court of Appeals for the Fifth Circuit, case No. 17-30397, is administratively stayed through Thursday, February 7, 2019. This order does not reflect any view regarding the merits of the petition for a writ of certiorari that applicants represent they will file.
Reply of applicants June Medical Services, L.L.C., et al. filed.
Response to application from respondent Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals filed.
Response to application (18A774) requested by Justice Alito, due Thursday, January 31, 2019, by 3:00 p.m. ET.
Application (18A774) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Alito.
June Medical Services L.L.C., et al., Petitioner, represented by Julie Rikelman
June Medical Services L.L.C., et al., Petitioner, represented by Travis J. Tu
Stephen Russo, Respondent, represented by Elizabeth Baker Murrill
197 Members of Congress, Amicus Curiae, represented by Claude G. Szyfer
207 Members of Congress, Amicus Curiae, represented by Steven Henry Aden
2,556 Operation Outcry Women Injured By Abortion and The Justice Foundation, Amicus Curiae, represented by Allan E. Parker Jr.
2,624 Women Injured By Abortion, Operation Outcry, and The Justice Foundation, Amicus Curiae, represented by Allan E. Parker Jr.
Abby Johnson and Terry Beatley, Amicus Curiae, represented by Catherine Wynne Short
African American Prolife Organizations, Amicus Curiae, represented by Adam Rabun Fast Gustafson
American Association of Pro-Life Obstetricians and Gynecologists, Amicus Curiae, represented by Bradley Stephen Tupi
American Bar Association, Amicus Curiae, represented by Judy Perry Martinez
American Center for Law & Justice, American Academy of Medical Ethics, American College of Pediatricians, Amicus Curiae, represented by Jay Alan Sekulow
American College of Obstetricians and Gynecologists, et al., Amicus Curiae, represented by Kimberly A. Parker
Americans United for Life, Amicus Curiae, represented by Clarke David Forsythe
Association of American Physicians and Surgeons, Inc., Amicus Curiae, represented by Antony B. Kolenc
Attorney Mary J. Browning, Amicus Curiae, represented by Allan E. Parker Jr.
Billy Graham Evangelistic Association, et al., Amicus Curiae, represented by Kevin T. Snider
Catholics for Choice, et al., Amicus Curiae, represented by Eugene Martin Gelernter
CatholicVote.org Education Fund, Amicus Curiae, represented by Scott William Gaylord
Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman
Christian Legal Society et al., Amicus Curiae, represented by Reed Neal Smith
Concerned Women for America & Charlotte Lozier Institute, Amicus Curiae, represented by Teresa Stanton Collett
Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod
Constitutional Law Scholars, Amicus Curiae, represented by Orin Samuel Snyder
Eagle Forum Education & Legal Defense Fund, Amicus Curiae, represented by Lawrence J. Joseph
Ethics & Religious Liberty Commission and Lutheran Church-Missouri Synod, Amicus Curiae, represented by Richard Shawn Gunnarson
Family Research Council, Amicus Curiae, represented by Jonathan F. Mitchell
Federal Courts Scholars, Amicus Curiae, represented by Elaine Janet Goldenberg
Feminist Majority Foundation, National Organization for Women Foundation, Southern Poverty Law Center, Women's Law Project, Amicus Curiae, represented by Janice Marie Mac Avoy
Former Abortion Providers; The National Association of Catholic Nurses, USA; and the Association of Catholic Bioethics Center, Amicus Curiae, represented by Linda Boston Schlueter
Former Federal Judges and Department of Justice Officials, Amicus Curiae, represented by Robert Allen Long Jr.
Foundation for Moral Law, Amicus Curiae, represented by Matthew James Clark
Holly Alvarado, Rana Barar, Julie Bindeman, Danielle Campoamor, Aislinn Canarr, J.C., Stephanie Goodell, Amy Irvin, Amber Kepperling, Kimberly O'Brien and Amanda Williams in Support of Petitioners-Cross-Respondents, Amicus Curiae, represented by Michael John Dell
Ibis Reproductive Health and Other Organizations, Amicus Curiae, represented by Jessica Lynn Ellsworth
If/When/How: Lawyering For Reproductive Justice, et al., Amicus Curiae, represented by Sara Lyle Ainsworth
Illinois Right to Life, Amicus Curiae, represented by Thomas Gerald Olp
Independence Law Center, Amicus Curiae, represented by Randall L. Wenger
Information Society Project at Yale Law School, Amicus Curiae, represented by Priscilla J. Smith
Inner Life Fund and The Institute for Faith and Family, Amicus Curiae, represented by James L. Hirsen
International Conference of Evangelical Chaplain Endorsers, Amicus Curiae, represented by Arthur A. Schulcz Sr.
Judicial Watch, Inc., Amicus Curiae, represented by James Forrest Peterson
Lawyers' Committee for Civil Rights Under Law, Amicus Curiae, represented by Dariely Rodriguez
Legal Center for Defense of Life, Amicus Curiae, represented by Andrew L. Schlafly
LGBTQ Organizations, Amicus Curiae, represented by David Jonathan Weiner
Louisiana Family Forum, et al., Amicus Curiae, represented by Anita Yvonne Milanovich
Louisiana State Legislators, Amicus Curiae, represented by John J. Bursch
Medical Staff Professionals, Amicus Curiae, represented by Robert M. Palumbos
Melinda Thybault, Founder of The Moral Outcry Petition, Individually and Acting on Behalf of 264,500 Signers of The Moral Outcry Petition, Amicus Curiae, represented by Allan E. Parker Jr.
Michele Coleman Mayes, Claudia Hammerman, et al., Amicus Curiae, represented by Claudia Lesley Hammerman
National Health Law Program, et al., Amicus Curiae, represented by Jane Perkins
National Institute of Family and Life Advocates, Alpha Center, Heartbeat International, Inc., Care Net, Caring to Love Ministries, and Louisiana Alliance for Life, Amicus Curiae, represented by Harold J. Cassidy
National Right to Life Committee and Louisiana Right to Life Federation, Amicus Curiae, represented by James Bopp Jr.
National Women's Law Center and 72 Additional Organizations Committed to Equality and Economic Opportunity for Women, Amicus Curiae, represented by Gretchen Ranley Borchelt
Operation Rescue and The National Hispanic Christian Leadership Conference, Amicus Curiae, represented by Mathew D. Staver
Organizations And Individuals Dedicated To The Fight For Reproductive Justice – Women With A Vision et al., Amicus Curiae, represented by Wesley R. Powell
Planned Parenthood Federation of America, National Abortion Federation, Physicians for Reproductive Health, and Abortion Care Network, Amicus Curiae, represented by E. Joshua Rosenkranz
Priests for Life and Rachel's Vineyard, Amicus Curiae, represented by Robert Joseph Muise
Pro-Life Legal Defense Fund, et al., Amicus Curiae, represented by Herbert William Titus
Reproductive Justice Scholars, Amicus Curiae, represented by Kelly M. Dermody
Right to Life of Michigan, Amicus Curiae, represented by William Wagner
Samaritan's Purse et al, Amicus Curiae, represented by Frederick W. Claybrook Jr.
Senator Josh Hawley, Amicus Curiae, represented by Joshua David Hawley
Social Science Researchers, Amicus Curiae, represented by Alan Scott Gilbert
State of Idaho, Amicus Curiae, represented by Cynthia Lin Yee-Wallace
State of New York, et al., Amicus Curiae, represented by Barbara Dale Underwood
State of Texas, Amicus Curiae, represented by Kyle Douglas Hawkins
States of Arkansas, Indiana, et al, Amicus Curiae, represented by Nicholas Jacob Bronni
The American Civil Liberties Union and The ACLU of Louisiana, Amicus Curiae, represented by Andrew David Beck
The Susan B. Anthony List, Amicus Curiae, represented by John Guyton Knepper Jr.
Thomas More Society, Amicus Curiae, represented by Tim Newton
Tort Law Scholars, Amicus Curiae, represented by Gary N. Frischling
United States, Amicus Curiae, represented by Noel J. Francisco
US Conference of Catholic Bishops, Amicus Curiae, represented by Anthony Richard Picarello Jr.
Whole Woman's Health and Whole Woman's Health Alliance, Amicus Curiae, represented by Linda Ceilia Goldstein