Certiorari Granted

No. 23-235

Food and Drug Administration, et al. v. Alliance for Hippocratic Medicine, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Brief of Alliance for Hippocratic Medicine, et al. submitted.

Motion for leave to file amicus brief filed by American Bar Association DENIED.

Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere DENIED.

Motion for leave to intervene filed by Missouri, et al. DENIED.

Motion for leave to file amici brief filed by Former Commissioners of the U.S. Food and Drug Administration GRANTED.

CIRCULATED

Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.

Public electronic record on appeal received from the United States District Court for the Northern District of Texas (one DVD) and available with the Clerk.

Sealed record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.

Application (23A712) granted by Justice Alito to file respondents' brief on the merits in excess of the word limit provided that the brief does not exceed 18,000 words.

Reply in support of motion of Missouri, et al. to intervene filed. (Distributed)

Motion for leave to file amicus brief filed by American Bar Association. VIDED.

Response in opposition to motion of Missouri, et al. for leave to intervene from petitioners US Food and Drug Administration, et al. filed. VIDED. (Distributed)

Response in opposition to motion of Missouri, et al. for leave to intervene from petitioner Danco Laboratories, LLC filed. VIDED (Distributed)

Motion for leave to file amici brief out of time filed by Former Commissioners of the U.S. Food and Drug Administration. VIDED.

Motion of Missouri, et al. for leave to intervene and motion of Gregory J. Roden, as Next Friend of Americans en ventre sa mere for leave to intervene DISTRIBUTED for Conference of 2/16/2024.

Record requested from the United States Court of Appeals for the Fifth Circuit.

Brief amici curiae of National Council of Jewish Women, et al. filed. VIDED.

Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED.

Brief amicus curiae of Medical Students for Choice filed. VIDED.

Brief amicus curiae of Women's Bar Association of the District of Columbia filed. VIDED.

Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED.

Brief amici curiae of Professors David S. Cohen, et al. filed. VIDED.

Brief amici curiae of Over 640 State Legislators filed. VIDED.

Brief amici curiae of American Psychological Association, et al. filed. VIDED.

Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED.

Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED.

Brief amici curiae of Legal Voice, the National Domestic Violence Hotline, et al. filed. VIDED.

Brief amicus curiae of AANHPI, Black, and Immigrant Women's Organizations filed.

Brief amici curiae of Doctors for America and The Reproductive Health Coalition filed. VIDED.

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

Brief amici curiae of The City of New York and NYC Health + Hospitals, et al. filed. VIDED.

Brief amici curiae of 237 Reproductive Health, Rights, and Justice Organizations filed. VIDED.

Brief amici curiae of Reproductive Freedom Alliance filed. VIDED

Brief amicus curiae of Physicians for Reproductive Health filed. VIDED.

Brief amici curiae of Former Military Officials, Civilian National Security Leaders, et al. filed.

Brief amici curiae of Public Citizen, et al. filed.

Brief amici curiae of Freedom from Religion Foundation, et al. filed. VIDED.

Brief amici curiae of American Civil Liberties Union Foundation, et al. filed. VIDED.

Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (Feb. 6, 2024) filed.

Application (23A712) to file respondents' brief on the merits in excess of the word limit, submitted to Justice Alito.

Brief amici curiae of Food and Drug Law Scholars filed. VIDED.

Brief amici curiae of New York, et al. filed. VIDED.

Brief amici curiae of Disability Rights Education & Defense Fund, et al. filed. VIDED.

Brief amici curiae of Former U.S. Department of Justice Officials filed. VIDED.

Brief amici curiae of Women Who Have Obtained Medication Abortion Via Telemedicine filed. VIDED.

Brief amicus curiae of Professor F. Andrew Hessick filed. VIDED.

Brief amicus curiae of Association of American Medical Colleges filed. VIDED.

Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED.

Brief amicus curiae of Honeybee Health, Inc. filed. VIDED.

Brief amici curiae of 263 Members of Congress filed. VIDED.

Brief amicus curiae of GenBioPro, Inc. filed. VIDED.

Amicus brief of Over 300 Reproductive Health Researchers submitted.

SET FOR ARGUMENT on Tuesday, March 26, 2024. VIDED.

Brief of petitioner Danco Laboratories, LLC filed. VIDED

Brief of Federal Petitioners filed. VIDED

Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere. VIDED.

Joint appendix filed.(Volumes I and II) VIDED.

Motion for leave to intervene filed by Missouri, et al. VIDED.

Petition GRANTED. The petition for a writ of certiorari in No. 23-236 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.

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. 23-235. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-235. 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.”

Reply of petitioners US Food and Drug Administration, et al. filed. (Distributed)

DISTRIBUTED for Conference of 12/8/2023.

Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.

Brief of respondents Alliance for Hippocratic Medicine, et al. in opposition filed. VIDED.

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

Brief amici curiae of Over 600 State Legislators filed. VIDED.

Brief amici curiae of New York, et al. filed. VIDED.

Brief amici curiae of Religious Coalition for Reproductive Choice, et al. filed. (10/26/23) VIDED.

Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. VIDED.

Brief amici curiae of Doctors for America and The Reproductive Health Coalition filed. VIDED.

Brief amici curiae of 257 Members of Congress filed. VIDED.

Brief amici curiae of The City of New York, et al. filed. VIDED.

Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED.

Brief amicus curiae of GenBioPro, Inc. filed. VIDED.

Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED.

Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED.

Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED.

Brief amici curiae of Food and Drug Law Scholars filed. VIDED.

Application (23A300) to file consolidated brief in opposition in excess of word limits granted by Justice Alito. The consolidated brief in opposition may not exceed 13,500 words.

Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2023.

Application (23A300) to file consolidated brief in opposition in excess of word limits, submitted to Justice Alito.

Motion to extend the time to file a response from October 12, 2023 to November 9, 2023, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due October 12, 2023)

Parties

Danco Laboratories, LLC, Petitioner, represented by Jessica Lynn Ellsworth

US Food and Drug Administration, et al., Petitioner, represented by Elizabeth B. Prelogar

Alliance for Hippocratic Medicine, et al., Respondent, represented by Erin Morrow Hawley

Amici Curiae

237 Reproductive Health, Rights, and Justice Organizations, Amicus Curiae, represented by Lindsay C. Harrison

257 Members of Congress, Amicus Curiae, represented by Boris Bershteyn

263 Members of Congress, Amicus Curiae, represented by Boris Bershteyn

AANHPI, Black, and Immigrant Women's Organizations, Amicus Curiae, represented by Niyati Shah

American Bar Association, Amicus Curiae, represented by Mary L. Smith

American Civil Liberties Union Foundation, et al., Amicus Curiae, represented by Julia Heather Kaye

American College of Obstetricians and Gynecologists, et al., Amicus Curiae, represented by Shannon Rose Selden

American Psychological Association, National Association of Social Workers, Amicus Curiae, represented by Jessica Ring Amunson

Americans En Ventre Sa Mere, Amicus Curiae, represented by Gregory J. Roden

Asian Americans Advancing Justice-AAJC, Amicus Curiae, represented by Noah Butsch Baron

Asian Americans Advancing Justice-AAJC, Amicus Curiae, represented by Niyati Shah

Association of American Medical Colleges, Amicus Curiae, represented by Douglas Harry Hallward-Driemeier

Disability Rights Education & Defense Fund, et al., Amicus Curiae, represented by Maria Michelle Uzeta

Doctors for America and The Reproductive Health Coalition, Amicus Curiae, represented by Christopher John Morten

Dr. Allan Sawyer, Amicus Curiae, represented by Michael Steven Overing

Food and Drug Law Scholars, Amicus Curiae, represented by Robert Allen Long Jr.

Former Commissioners of the U.S. Food and Drug Administration, Amicus Curiae, represented by William Barnett Schultz

Former Military Officials, Civilian National Security Leaders, and Vet Voice Foundation, Amicus Curiae, represented by Carmen Gloria Iguina Gonzalez

Former U.S. Department of Justice Officials, Amicus Curiae, represented by Alan Evan Schoenfeld

Freedom from Religion Foundation and American Atheists, Amicus Curiae, represented by Patrick C Elliott

GenBioPro, Inc., Amicus Curiae, represented by John Patrick Elwood

Honeybee Health, Inc., Amicus Curiae, represented by Stephanie Leigh Gutwein

Legal Voice, the National Domestic Violence Hotline, et al., Amicus Curiae, represented by Matthew Prairie Gordon

Local Governments and Local Government Leaders, Amicus Curiae, represented by Jonathan B. Miller

Medical Students for Choice, Amicus Curiae, represented by Jayme Alyse Jonat

Missouri, Idaho, and Kansas, Amicus Curiae, represented by Joshua Michael Divine

NAACP Legal Defense & Educational Fund, Inc., Amicus Curiae, represented by Samuel Spital

National Association of Nurse Practitioners in Women's Health, American College of Nurse-Midwives, American Academy of Physician Associates, and Association of Physician Associates in Obstetrics and Gynecology, Amicus Curiae, represented by Jonathan K. Youngwood

National Council of Jewish Women, et al., Amicus Curiae, represented by Eugene Martin Gelernter

New York, et al., Amicus Curiae, represented by Barbara Dale Underwood

Over 300 Reproductive Health Researchers, Amicus Curiae, represented by Melissa Goodman

Over 600 State Legislators, Amicus Curiae, represented by Amanda Shafer Berman

Patient and Provider Advocacy Organizations, Amicus Curiae, represented by Caroline Lewis Wolverton

Pharmaceutical Companies, Executives, and Investors, Amicus Curiae, represented by Eva A. Temkin

Pharmaceutical Research and Manufacturers of America, Amicus Curiae, represented by David Meir Zionts

Physicians for Reproductive Health, Amicus Curiae, represented by Janice Marie Mac Avoy

Professor F. Andrew Hessick, Amicus Curiae, represented by F. Andrew Hessick III

Professors David S. Cohen and Rachel Rebouché, Amicus Curiae, represented by David Samuel Cohen

Public Citizen; Center for Science in the Public Interest, Amicus Curiae, represented by Nicolas Anthony Sansone

Reproductive Freedom Alliance, Amicus Curiae, represented by Jaime Ann Santos

Robertson Center for Constitutional Law, Amicus Curiae, represented by Christopher Theodore Holinger

The City of New York and NYC Health + Hospitals, The County of Santa Clara, and Four Other Local Jurisdictions, Amicus Curiae, represented by Richard Paul Dearing

Women's Bar Association of the District of Columbia, Amicus Curiae, represented by Candace Nicole Beck

Women Who Have Obtained Medication Abortion Via Telemedicine, Amicus Curiae, represented by Vanessa Kay Burrows

 
Last updated: May 25, 2024