Decided

No. 19-431

Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, et al.

from the United States Court of Appeals for the Third Circuit

See other cases from the Third Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed a concurring opinion, in which Gorsuch, J., joined. Kagan, J., filed an opinion concurring in the judgment, in which Breyer, J., joined. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined. VIDED.

Reply of petitioners Donald J. Trump, et al. filed (in 19-454). (Distributed)

Reply of petitioner The Little Sisters of the Poor Saints Peter and Paul Home filed (in 19-431). (Distributed)

Motion of the Solicitor General for divided argument GRANTED. VIDED.

RESCHEDULED FOR ARGUMENT on Wednesday, May 6, 2020. VIDED.

Argument to be rescheduled for May 2020. VIDED.

Brief amici curiae of The American Civil Liberties Union, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Howard University School of Law, Civil and Human Rights Clinic filed. VIDED. (Distributed)

Brief amici curiae of Center for Inquiry, Inc., et al. filed. VIDED. (Distributed)

Brief amici curiae of Planned Parenthood Federation of America, et al. filed. VIDED. (Distributed)

Brief amici curiae of Legal Scholars filed. VIDED. (Distributed)

Brief amicus curiae of Prof. Martin S. Lederman filed. VIDED. (Distributed)

Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Professor Mila Sohoni filed. VIDED. (Distributed)

Brief amici curiae of The National Women’s Law Center, et al. filed. VIDED. (Distributed)

Brief amici curiae of Cities of Oakland, St. Paul, and 30 Additional Cities and Counties filed. VIDED. (Distributed)

Brief amici curiae of Phyllis C. Borzi and Daniel J. Maguire filed. VIDED. (Distributed)

Brief amici curiae of Military Historians filed. VIDED. (Distributed)

Brief amici curiae of Lambda Legal Defense and Education Fund, Inc. and Human Rights Campaign filed. VIDED. (Distributed)

Brief amici curiae of U.S. Women’s Chamber of Commerce, National Association for Female Executives and Businesses filed. VIDED. (Distributed)

Brief amici curiae of Professors of Criminal Law, Former State Attorneys General, and Former United States Department of Justice Officials filed. VIDED. (Distributed)

Brief amicus curiae of Yale Law School Program for the Study of Reproductive Justice filed. VIDED. (Distributed)

Brief amici curiae of Catholics For Choice, et al. filed. VIDED. (Distributed)

Brief amici curiae of Massachusetts, et al., filed. VIDED. (Distributed)

Brief amici curiae of 186 Members of the United States Congress filed. VIDED. (Distributed)

Brief amici curiae of Religious and Civil-Rights Organizations filed (April 20, 2020). VIDED. (Distributed)

Brief amici curiae of National League of Cities, United States Conference of Mayers, International City/County Management Association and International Municipal Lawyers Association filed (in 19-454). (Distributed)

Brief amici curiae of Religious and Civil-Rights Organizations filed. VIDED. (Distributed). (Corrected brief and PDF filed).

Brief amici curiae of American Association of University Women, et al. filed. VIDED. (Distributed)

Brief amici curiae of Public Interest Law Center and Five Affiliated Lawyers' Committees filed (in 19-454). (Distributed)

Brief amicus curiae of Public Citizen filed (in 19-454). (Distributed)

Brief amici curiae of Administrative Law Scholars filed. VIDED. (Distributed)

Brief amici curiae of Professors of Civil Procedure and Federal Courts filed (in 19-454). (Distributed)

Brief amicus curiae of The Guttmacher Institute filed. VIDED. (Distributed)

Brief amici curiae of Church-State Scholars filed. VIDED. (Distributed)

Motion for divided argument filed by the Solicitor General. VIDED.

Brief amicus curiae of American Academy of Pediatrics filed. VIDED. (Distributed)

Brief amici curiae of Center for Health Law & Policy Innovation of Harvard Law School, et al. filed. VIDED. (Distributed)

Brief amici curiae of CHILD USA, et al. filed. VIDED. (Distributed)

ORAL ARGUMENT POSTPONED. VIDED.

Brief of respondents Commonwealth of Pennsylvania, et al. filed. VIDED. (Distributed)

Motion to dispense with printing the joint appendix in No. 19-431 filed by petitioner GRANTED.

The record received from the U.S.C.A. 3rd Circuit has been electronically filed.

CIRCULATED

Brief amicus curiae of Independent Women's Law Center filed. VIDED

Motion to dispense with printing the joint appendix in No. 19-454 filed by petitioners GRANTED.

Brief amicus curiae of March for Life Education and Defense Fund filed. VIDED

Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.

Brief amicus curiae of The Knights of Columbus filed. VIDED

Brief amicus curiae of Professor Douglas Laycock filed. VIDED.

Brief amici curiae of The States Of Texas, et al. filed. VIDED.

Brief amici curiae of The Catholic Association Foundation, et al. filed. VIDED.

Brief amici curiae of Women Scholars filed. VIDED.

Brief amici curiae of 161 Members of Congress filed. VIDED.

Brief amici curiae of Michael Stokes Paulsen and Kevin C. Walsh filed (in 19-431).

Brief amici curiae of Nicholas Bagley and Samuel L. Bray filed (in 19-454).

Brief amici curiae of The International Society for Krishna Consciousness, Inc., et al. filed. VIDED.

Brief amicus curiae of First Liberty Institute filed. VIDED.

Brief amici curiae of Constitutional Law Scholars filed. VIDED.

Brief amici curiae of Christian Legal Society, et al. filed. VIDED.

Brief amicus curiae of New Civil Liberties Alliance filed. VIDED

Brief amicus curiae of The Catholic Benefits Association filed. VIDED.

Motion for leave to dispense with printing the joint appendix in No. 19-431 filed by petitioner (in 19-431).

Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED.

Brief of Donald J. Trump, President of the United States, et al. filed (in 19-454).

Brief amici curiae of Inner Life Fund and Institute for Faith and Family filed. VIDED.

Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed. VIDED.

Motion for leave to dispense with printing the joint appendix in No. 19-454 filed (in 19-454).

Brief of petitioner The Little Sisters of the Poor Saints Peter and Paul Home filed (in 19-431).

Brief amicus curiae of Foundation for Moral Law filed. VIDED.

Record requested from the U.S.C.A. 3rd Circuit.

SET FOR ARGUMENT on Wednesday, April 29, 2020. VIDED.

Blanket Consent filed by Federal respondents. 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. 19-431. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-431. 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. 19-454 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 1/17/2020.

DISTRIBUTED for Conference of 1/10/2020.

Brief of respondents Commonwealth of Pennsylvania et al. in opposition filed.

Amicus brief of The States Of Texas, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Louisiana, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, And West Virginia not accepted for filing. (November 04, 2019)(Corrected version submitted)

Brief amici curiae of The States Of Texas,et al. filed. VIDED. (11/5/2019)

Brief amicus curiae of First Liberty Institute filed.

Brief amici curiae of The Cato Institute filed. VIDED.

Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.

Brief amicus curiae of Christian Legal Society filed.

Brief amicus curiae of Foundation for Moral Law filed. VIDED.

Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed.

Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019.

Letter of October 23, 2019 from counsel for petitioners received.

Motion to extend the time to file a response from November 1, 2019 to December 16, 2019, submitted to The Clerk.

Blanket Consent filed by Petitioners, The Little Sisters of the Poor Saints Peter and Paul Home.

Petition for a writ of certiorari filed. (Response due November 1, 2019)

Parties

The Little Sisters of the Poor Saints Peter and Paul Home, Petitioner, represented by Paul D. Clement

The Little Sisters of the Poor Saints Peter and Paul Home, Petitioner, represented by Mark Leonard Rienzi

Commonwealth of Pennsylvania et al., Respondent, represented by Michael J. Fischer

Federal respondents, Respondent, represented by Jeffrey Bryan Wall

Federal respondents, Respondent, represented by Noel J. Francisco

Amici Curiae

161 Members of Congress, Amicus Curiae, represented by Blaine H. Evanson

186 Members of the United States Congress, Amicus Curiae, represented by David A. O'Neil

Administrative Law Scholars, Amicus Curiae, represented by Elliott Schulder

American Academy of Pediatrics, Amicus Curiae, represented by Devi Maheswari Rao

American Association of University Women; the American Federation of State, County, and Municipal Employees; and 14 Additional Professional, Labor, and Student Associations, Amicus Curiae, represented by James Reid Sigel

American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

American College of Obstetricians and Gynecologists, American Nurses Association, American Academy of Nursing, Physicians for Reproductive Health, and Nurses for Sexual and Reproductive Health, Amicus Curiae, represented by Bruce H. Schneider

Catholics For Choice, et al., Amicus Curiae, represented by Beatrice Jessie Hill

Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso

Center for Health Law & Policy Innovation of Harvard Law School, et al., Amicus Curiae, represented by Kevin Michael Costello

Center for Inquiry, Inc., Amicus Curiae, represented by Edward Z. Tabash

CHILD USA et al., Amicus Curiae, represented by Leslie Carol Griffin

Christian Business Owners Supporting Religious Freedom, Amicus Curiae, represented by Erin Elizabeth Mersino

Church-State Scholars, Amicus Curiae, represented by Joshua Adam Matz

Cities of Oakland, St. Paul, and 30 Additional Cities and Counties, Amicus Curiae, represented by Jonathan B. Miller

City of St. Paul, Minnesota, Amicus Curiae, represented by Jonathan B. Miller

Constitutional Law Scholars, Amicus Curiae, represented by Miles Edward Coleman

First Liberty Institute, Amicus Curiae, represented by Kelly J. Shackelford

Foundation for Moral Law, Amicus Curiae, represented by Matthew James Clark

Howard University School of Law, Civil and Human Rights Clinic, Amicus Curiae, represented by Ajmel Ahsen Quereshi

Independent Women's Law Center, Amicus Curiae, represented by David H. Thompson

Inner Life Fund and Institute for Faith and Family, Amicus Curiae, represented by James L. Hirsen

Lambda Legal Defense and Education Fund, Inc. and Human Rights Campaign, Amicus Curiae, represented by Jennifer C. Pizer

Legal Scholars, Amicus Curiae, represented by Michael B. Kimberly

March for Life Education and Defense Fund, Amicus Curiae, represented by John J. Bursch

Massachusetts, et al.,, Amicus Curiae, represented by Elizabeth Napier Dewar

Michael Stokes Paulsen and Kevin C. Walsh, Amicus Curiae, represented by Brian David Schmalzbach

Military Historians, Amicus Curiae, represented by Brianne Jenna Gorod

National League of Cities, United States Conference of Mayers, International City/County Management Association and International Municipal Lawyers Association, Amicus Curiae, represented by Lisa E. Soronen

New Civil Liberties Alliance, Amicus Curiae, represented by Richard A. Samp

Nicholas Bagley and Samuel L. Bray, Amicus Curiae, represented by Donald Burke

Phyllis C. Borzi and Daniel J. Maguire, Amicus Curiae, represented by Elizabeth Hopkins

Planned Parenthood Federation of America, National Health Law Program, National Family Planning and Reproductive Health Association, Raising Women's Voices for the Health Care We Need, Amicus Curiae, represented by Claudia Lesley Hammerman

Professor Douglas Laycock, Amicus Curiae, represented by Scott A. Keller

Professor Mila Sohoni, Amicus Curiae, represented by Christopher Egleson

Professors of Criminal Law, Former State Attorneys General, and Former United States Department of Justice Officials, Amicus Curiae, represented by Wesley R. Powell

Professors - Zachary D. Clopton, Amanda Frost, Suzette Malveaux, Alan Trammell, Amicus Curiae, represented by Steven Edwards Art

Prof. Martin S. Lederman, Amicus Curiae, represented by Martin Seth Lederman

Public Citizen, Amicus Curiae, represented by Nandan Maheshchandra Joshi

Public Interest Law Center and Five Affiliated Lawyers' Committees, Amicus Curiae, represented by Thomas Warnes Hazlett

Religious and Civil-Rights Organizations, Amicus Curiae, represented by Richard Brian Katskee

Residents and Families of Residents at Homes of the Little Sisters of the Poor, Amicus Curiae, represented by Dwight Gerard Duncan

The American Civil Liberties Union, et al, Amicus Curiae, represented by Brigitte Adrienne Amiri

The Catholic Association Foundation, et al., Amicus Curiae, represented by Andrea Marie Picciotti-Bayer

The Catholic Benefits Association, Amicus Curiae, represented by L. Martin Nussbaum

The Cato Institute, Amicus Curiae, represented by Joshua Michael Blackman

The Guttmacher Institute, Amicus Curiae, represented by M. Duncan Grant

The International Society for Krishna Consciousness, Inc., the Coalition for Jewish Values, Asma T. Uddin, Pastor Robert Soto, and Imam Ossama Bahloul, Amicus Curiae, represented by Gene Clayton Schaerr

The Knights of Columbus, Amicus Curiae, represented by Eric Nieuwenhuis Kniffin

The National Women’s Law Center, the National Asian Pacific American Women’s Forum, the National Latina Institute for Reproductive Justice, SisterLove, Inc. and 50 Additional Organizations, Amicus Curiae, represented by Jeffrey Blumenfeld

U.S. Women’s Chamber of Commerce, National Association for Female Executives and Businesses, Amicus Curiae, represented by Leah R. Bruno

Women Scholars, Amicus Curiae, represented by Helen M. Alvare

Yale Law School Program for the Study of Reproductive Justice, Amicus Curiae, represented by Priscilla J. Smith

 
Last updated: March 19, 2024