Certiorari Granted

No. 19-840

California, et al. v. Texas, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Letter of Texas, et al. filed. VIDED. (Distributed)

Letter of Individual Respondents Hurley & Nantz filed. VIDED. (Distributed)

CIRCULATED

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.

Letter of respondent U.S. House of Representatives in support of California, et al. filed. VIDED. (Distributed)

Letter of California, et al. filed. VIDED. (Distributed)

Motion of Ohio and Montana for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument DENIED. VIDED.

Motion of the U.S. House of Representatives for enlargement of time for oral argument and for divided argument GRANTED. VIDED.

Motion for divided argument filed by federal respondents United States, et al. GRANTED. VIDED.

The motions of the Solicitor General for divided argument and of the U.S. House of Representatives for enlargement of time for oral argument and for divided argument are granted, and the time is allotted as follows: 30 minutes for California, et al., 10 minutes for the U.S. House of Representatives, 20 minutes for the Solicitor General, and 20 minutes for Texas, et al. The motion of Ohio and Montana for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument is denied. VIDED.

SET FOR ARGUMENT on Tuesday, November 10, 2020. VIDED.

Reply of respondents Neill Hurley and John Nantz filed. VIDED.

Reply of respondents State of Texas, et al. filed. VIDED.

Consolidated response and reply brief of respondent U.S. House of Representatives in support of petitioners filed. VIDED.

Consolidated response and reply brief of California, et al. filed. VIDED.

Reply of respondent U.S. House of Representatives in support of petitioners to its motion for enlargement of time for oral argument and for divided argument, filed. VIDED.

Response in opposition of respondents Texas, et al. to motion of respondent U.S. House of Representatives in support of petitioners for enlargement of time for oral argument and for divided argument, filed. VIDED.

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

Brief amicus curiae of American Center for Law and Justice filed. VIDED.

Motion for divided argument filed by federal respondents United States, et al. VIDED.

Motion for enlargement of time for oral argument and for divided argument filed by U.S. House of Representatives. VIDED.

Brief amicus curiae of The Cato Institute filed (in 19-840).

Brief amicus curiae of Landmark Legal Foundation filed. VIDED.

Brief amicus curiae of Association of American Physicians and Surgeons filed. VIDED.

Motion for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument filed by Ohio and Montana. VIDED.

Consolidated opening brief on the merits of Federal Respondents filed. VIDED.

Consolidated opening brief on merits of Neill Hurley and John Nantz filed. VIDED.

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

Consolidated opening brief on the merits of State of Texas, et al. filed. VIDED

Brief amici curiae of Professors Jonathan H. Adler, et al. filed. VIDED.

Brief amicus curiae of American Thoracic Society filed.(in 19-840)

Brief amicus curiae of Washington and Lee University School of Law Black Lung Clinic filed (in 19-840).

Brief amici curiae of States of Maryland, et al. filed (in 19-840).

Brief amici curiae of American Association of People with Disabilities, et. al. filed. VIDED.

Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED.

Brief amici curiae of 36 State Hospital Associations filed (in 19-840).

Brief amici curiae of Families USA, et al. filed. VIDED.

Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. VIDED.

Brief amici curiae of National Women's Law Center, et al. filed. VIDED.

Brief amicus curiae of The Catholic Health Association of the United States filed.

Brief amicus curiae of Association for Accessible Medicines filed. VIDED.

Brief amici curiae of AARP, et al. filed. VIDED.

Brief amici curiae of National Health Law Program, et al. filed. VIDED.

Brief amici curiae of Samuel L. Bray, Michael W. McConnell, and Kevin C. Walsh filed. VIDED.

Brief amici curiae of American Medical Association, et al. filed. (in 19-840)

Brief amici curiae of States of Ohio and Montana in support of neither party filed. VIDED.

Brief amici curiae of Walter Dellinger, Douglas Laycock, Christopher Schroeder filed. VIDED.

Brief amici curiae of 47 Members of the United States Senate filed. VIDED.

Brief amicus curiae of America's Health Insurance Plans filed. VIDED.

Brief amicus curiae of The National Association of Community Health Centers filed. VIDED.

Brief amici curiae of First Focus on Children and The Children's Partnership filed. VIDED.

Brief amici curiae of 44 Counties, Cities, and Towns and California State Association of Counties filed. (in 19-840)

Brief amicus curiae of Patient-Centered Outcomes Research Institute filed. VIDED.

Brief amici curiae of National Hospital Associations filed. VIDED.

Brief amici curiae of Public Health Experts, et al. filed. VIDED.

Brief amici curiae of Alliance of Community Health Plans and Association for Community Affiliated Plans filed. VIDED.

Brief amici curiae of Health Care Policy Scholars filed. VIDED.

Brief amici curiae of Tribes and Tribal Organizations filed. VIDED.

Brief amicus curiae of HCA Healthcare, Inc. filed. VIDED.

Brief amici curiae of Service Employees International Union, et al. filed. VIDED.

Brief amici curiae of American Cancer Society et al. filed.

Brief amici curiae of Bipartisan Economic Scholars filed.

Brief amici curiae of Professors Michael C. Dorf and Martin S. Lederman filed.

Amicus brief of Washington and Lee University School of Law Black Lung Clinic not accepted for filing. (May 14, 2020 - Corrected PDF to be submitted.)

Brief amicus curiae of Small Business Majority Foundation filed. VIDED.

Brief amicus curiae of Public Citizen, Inc. filed. VIDED.

Brief amicus curiae of Jeremy C. Doerre filed. VIDED.

Brief of petitioners California, et al. filed.(in 19-840)

Brief of respondent U.S. House of Representatives in support of California, et al. filed (in 19-840).

Joint appendix filed. (Statement of cost filed.) VIDED.

Brief amicus curiae of David Boyle filed. (in 19-840)

Motion to extend the time to file the briefs on the merits granted. Petitioners in No. 19-840 and the U.S. House of Representatives have to and including May 6, 2020, within which to file a joint appendix and opening briefs on the merits limited to the questions presented in No. 19-840. Petitioners in No. 19-1019 and the federal respondents in No. 19-840 have to and including June 25, 2020, within which to file consolidated opening briefs on the questions presented in both cases. Petitioners in No. 19-840 and the U.S. House of Representatives have to and including July 29, 2020, within which to file consolidated opening and reply briefs on the questions presented in both cases. Petitioners in No. 19-1019 have to and including August 18, 2020, within which to file a reply brief limited to Question 2 presented by the petition for certiorari in No. 19-1019. VIDED.

Amicus curiae briefs in support of petitioners in No. 19-840, the U.S. House of Representatives, or in support of neither party, on the questions presented in either case are to be filed on or before May 13, 2020. Amicus curiae briefs in support of petitioners in No. 19-1019 or the federal respondents in No. 19-840 on the questions presented in either case are to be filed on or before July 2, 2020. An amicus curiae shall file only a single brief in these cases. VIDED.

Blanket Consent filed by respondent U.S. House of Representative in support of California, et al. VIDED.

Motion for an extension of time to file the briefs on the merits. VIDED.

Blanket Consent filed by State of Texas, et al. VIDED.

Blanket Consent filed by federal respondents United States, et al. VIDED.

Motion for leave to file amici brief filed by 33 State Hospital Associations GRANTED.

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. 19-840. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-840. 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. 19-1019 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 2/28/2020.

Letter of February 19, 2020 from counsel for petitioner filed. (Distributed)

Letter of February 18, 2020 from counsel for respondent U.S. House of Representatives in support of California, et al. filed. (Distributed)

Reply of petitioners California, et al. filed. (Distributed)

DISTRIBUTED for Conference of 2/21/2020.

Brief of respondents United States, et al. in opposition filed. VIDED

Brief of respondents Neill Hurley and John Nantz in opposition filed. VIDED.

Brief of respondents State of Texas, et al. in opposition filed. VIDED. (February 3, 2020)

Brief amicus curiae of Association of American Physicians and Surgeons filed. VIDED.

Brief of State of Texas, et al. in opposition not accepted for filing. (February 03, 2020 -- Corrected version to be submitted)

Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.

Waiver of right of respondent U.S. House of Representatives to respond filed.

Motion to extend the time to file a response to the petition for a writ of certiorari is denied.

Response to motion from petitioners California, et al. filed.

Response to motion from respondent U.S. House of Representatives filed.

Motion to extend the time to file a response from February 3, 2020 to March 17, 2020, submitted to The Clerk.

Motion to expedite consideration filed by petitioner DENIED.

Brief amicus curiae of Jeremy C. Doerre filed. VIDED

Brief amici curiae of Alliance of Community Health Plans and Association for Community Affiliated Plans filed. VIDED.

Motion for leave to file amici brief filed by 33 State Hospital Associations.

Brief amici curiae of National Hospital Associations filed. VIDED.

Brief amicus curiae of America's Health Insurance Plans filed. VIDED.

Brief amicus curiae of Bipartisan Economic Scholars filed. VIDED.

Brief amici curiae of American Cancer Society et al. filed. VIDED.

Brief amici curiae of AARP, et al. filed. VIDED.

Brief amicus curiae of Small Business Majority Foundation filed. VIDED.

Reply in support of motion filed.

Response to motion from Federal respondents filed.

Blanket Consent filed by Respondent, U.S. House of Representatives.

Response to motion from respondent Neill Hurley and John Nantz submitted.

Response to motion from State respondents filed.

Response to motion requested. (Due January 10, 2020, by 4 p.m.)

Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.

Petition for a writ of certiorari filed. (Response due February 3, 2020)

Parties

California, et al., Petitioner, represented by Samuel Passchier Siegel

Neill Hurley and John Nantz, Respondent, represented by Robert Earl Henneke

State of Texas, et al., Respondent, represented by Kyle Douglas Hawkins

United States, et al., Respondent, represented by Jeffrey B. Wall

U.S. House of Representatives in support of petitioners, Respondent, represented by Donald B. Verrilli Jr.

U.S. House of Representatives in support of petitioners, Respondent, represented by Douglas Neal Letter

Amici Curiae

33 State Hospital Associations, Amicus Curiae, represented by William Barnett Schultz

36 State Hospital Associations, Amicus Curiae, represented by William Barnett Schultz

44 Counties, Cities, and Towns and California State Association of Counties, Amicus Curiae, represented by Lorraine Alofa Van Kirk

47 Members of the United States Senate, Amicus Curiae, represented by Elizabeth Barchas Prelogar

AARP, et al., Amicus Curiae, represented by Maame Gyamfi

Alliance of Community Health Plans and Association for Community Affiliated Plans, Amicus Curiae, represented by Allen Xavier Baker

American Association of People with Disabilities, et. al., Amicus Curiae, represented by Mark P. Johnson

American Cancer Society et al., Amicus Curiae, represented by John Louis Longstreth

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

American Medical Association, et al., Amicus Curiae, represented by Leonard A. Nelson

American Thoracic Society, Amicus Curiae, represented by Hope Madeline Babcock

America's Health Insurance Plans, Amicus Curiae, represented by Pratik Arvind Shah

Association for Accessible Medicines, Amicus Curiae, represented by William McGinley Jay

Association of American Physicians and Surgeons, Amicus Curiae, represented by Andrew L. Schlafly

Bipartisan Economic Scholars, Amicus Curiae, represented by Matthew S. Hellman

Blue Cross Blue Shield Association, Amicus Curiae, represented by K. Lee Blalack II

Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

David Boyle, Amicus Curiae, represented by David Christopher Boyle

Families USA et al., Amicus Curiae, represented by Allon Kedem

First Focus on Children and The Children's Partnership, Amicus Curiae, represented by Stuart Frank Delery

HCA Healthcare, Inc., Amicus Curiae, represented by David Meir Zionts

Health Care Policy Scholars, Amicus Curiae, represented by Brian Halligan Fletcher

Jeremy C. Doerre, Amicus Curiae, represented by Jeremy Cooper Doerre

Lambda Legal Defense and Education Fund, Inc. et al., Amicus Curiae, represented by Kirsten V. Mayer

Landmark Legal Foundation, Amicus Curiae, represented by Matthew Conrad Forys

National Health Law Program, et al., Amicus Curiae, represented by Jane Perkins

National Hospital Associations, Amicus Curiae, represented by Sean Marotta

National Women's Law Center, National Partnership for Women & Families, Black Women's Health Imperative, American Medical Women's Association, and 77 Additional Organizations, Amicus Curiae, represented by Jaime Ann Santos

Patient-Centered Outcomes Research Institute, Amicus Curiae, represented by Virginia Anne Seitz

Professors Jonathan H. Adler, Nicholas Bagley, Abbe R. Gluck, and Ilya Somin, Amicus Curiae, represented by Joseph Russell Palmore

Professors Michael C. Dorf and Martin S. Lederman, Amicus Curiae, represented by Rakesh Nageswar Kilaru

Public Citizen, Inc., Amicus Curiae, represented by Scott Lawrence Nelson

Public Health Experts, The American Public Health Association, and The American Academy Of Nursing, Amicus Curiae, represented by Michael B. Kimberly

Samuel L. Bray, Michael W. McConnell, and Kevin C. Walsh, Amicus Curiae, represented by Raffi Melkonian

Service Employees International Union, et al., Amicus Curiae, represented by Nicole G. Berner

Small Business Majority Foundation, Amicus Curiae, represented by Hyland Hunt

States of Maryland, Maine, New Hampshire, New Mexico, Pennsylvania and Wisconsin, Amicus Curiae, represented by Steven Marshall Sullivan

States of Ohio and Montana, Amicus Curiae, represented by Benjamin Michael Flowers

The Catholic Health Association of the United States, Amicus Curiae, represented by Stephen William Miller

The Cato Institute, Amicus Curiae, represented by Ilya Shapiro

The National Association of Community Health Centers, Amicus Curiae, represented by Edward Todd Waters

Tribes and Tribal Organizations, Amicus Curiae, represented by Geoffrey D. Strommer

Walter Dellinger, Douglas Laycock, Christopher Schroeder, Amicus Curiae, represented by Caitlin Joan Halligan

Washington and Lee University School of Law Black Lung Clinic, Amicus Curiae, represented by Timothy C. MacDonnell

 
Last updated: October 25, 2020