Certiorari Granted

No. 23-411

Vivek H. Murthy, Surgeon General, et al. v. Missouri, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Motion of Jayanta Bhattacharya, Martin Kulldorff, Aaron Kheriaty, Ms. Jill Hines for divided argument submitted.

Motion for divided argument and for enlargement of time for oral argument out of time filed by respondents Jayanta Bhattacharya, Martin Kulldorff, Aaron Kheriaty, Ms. Jill Hines.

CIRCULATED

Amicus brief of Liberty Counsel submitted.

Amicus brief of American Free Enterprise Chamber of Commerce submitted.

Amicus brief of Kennedy Plaintiffs submitted.

Amicus brief of International Center For Law & Economics submitted.

Amicus brief of Foundation for Individual Rights and Expression, et al. submitted.

Amicus brief of Claremont Institute's Center for Constitutional Jurisprudence submitted.

Amicus brief of Buckeye Institute submitted.

Amicus brief of America’s Frontline Doctors and Dr. Simone Gold, M.D., J.D. submitted.

Amicus brief of Charlie Kirk, David Harris, Jr., and Robby Starbuck submitted.

Amicus brief of National Institute of Family and Life Advocates submitted.

Amicus brief of Informed Consent Action Network submitted.

Amicus brief of Jim Jordan and 44 Other Members of Congress submitted.

Amicus brief of Liberty Counsel submitted.

Amicus brief of National Religious Broadcasters submitted.

Brief amici curiae of Jim Jordan, et al. filed.(Feb. 15, 2024) (Distributed)

Brief amicus curiae of Informed Consent Action Network filed. (Feb. 13, 2024)(Distributed)

Brief amici curiae of Foundation for Individual Rights and Expression, et al. filed.

Brief amicus curiae of The Rutherford Institute filed.

Brief amici curiae of Amicus Populi and Freedom X filed.

Brief amicus curiae of Liberty Counsel filed.

Brief amicus curiae of Buckeye Institute filed.

Brief amici curiae of Montana, et al. filed.

Brief amicus curiae of Angela Reading filed.

Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.

Brief amici curiae of America’s Frontline Doctors and Dr. Simone Gold, M.D., J.D. filed.

Brief amicus curiae of International Center For Law & Economics filed.

Brief amici curiae of Charlie Kirk, et al. filed.

Brief amicus curiae of National Religious Broadcasters filed.

Brief amicus curiae of American Free Enterprise Chamber of Commerce filed.

Brief amici curiae of America's Future, et al. filed.

Brief amicus curiae of Informed Consent Action Network filed.

Brief amici curiae of Kennedy Plaintiffs filed.

Brief amicus curiae of National Institute of Family and Life Advocates filed.

Amicus brief of Amicus Populi and Freedom X submitted.

Amicus brief of Montana submitted.

Amicus brief of Angela Reading submitted.

Amicus brief of America's Future, Free Speech Coalition, Free Speech Defense and Education Fund, Gun Owners of America, Gun Owners Foundation, Gun Owners of California, Tennessee Firearms Association, Public Advocate, U.S. Constitutional Rights Legal Defense Fund, Leadership Institute, DownsizeDC.org, Downsize DC Foundation, The Western Journal, and Conservative Legal Defense and Education Fund submitted.

Amicus brief of The Rutherford Institute submitted.

Amicus brief of Americans for Prosperity Foundation submitted.

Brief amici curiae of Justin Hart and the Liberty Justice Center filed.

Brief amicus curiae of The “Twitter Files” Journalists: Matt Taibbi, et al. filed.

Brief amicus curiae of Americans for Prosperity Foundation filed.

Brief amicus curiae of Center for American Liberty filed.

Brief amici curiae of Manhattan Institute, et al. filed.

Amicus brief of Manhattan Institute, React19, and Three Vaccine-Injured Individuals submitted.

Amicus brief of Center for American Liberty submitted.

Amicus brief of Liberty Justice Center and Justin Hart submitted.

Amicus brief of Advancing American Freedom, Inc. submitted.

Amicus brief of THE “TWITTER FILES” JOURNALISTS: MATT TAIBBI, MICHAEL SHELLENBERGER, LEE FANG, DAVID ZWEIG, LEIGHTON WOODHOUSE, ALEX GUTENTAG submitted.

Brief amici curiae of Advancing American Freedom, Inc, et al. filed.

Brief amicus curiae of THE “TWITTER FILES” JOURNALISTS: MATT TAIBBI, MICHAEL SHELLENBERGER, LEE FANG, DAVID ZWEIG, LEIGHTON WOODHOUSE, ALEX GUTENTAG filed.

Amicus brief of Institute for Free Speech submitted.

Brief amicus curiae of Institute for Free Speech filed.

Brief amicus curiae of Atlantic Legal Foundation filed.

Brief amicus curiae of Louder with Crowder, LLC filed.

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

Amicus brief of Association of American Physicians and Surgeons submitted.

Amicus brief of Atlantic Legal Foundation submitted.

Amicus brief of Louder with Crowder, LLC submitted.

Brief of respondents Missouri, et al. filed.

SET FOR ARGUMENT on Monday, March 18, 2024.

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

Brief amicus curiae of Election Officials in support of neither party filed.

Brief amicus curiae of United States Senator Mark Warner filed.

Brief amicus curiae of The Coalition for Independent Technology Research filed.

Brief amicus curiae of Stanford University filed.

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

Brief amici curiae of Secretaries of State of Arizona, et al. filed.

Brief amici curiae of The Lawyer's Committee For Civil Rights Under Law, et al. filed.

Brief amicus curiae of Knight First Amendment Institute at Columbia University in support of neither party filed.

Brief amici curiae of The International Municipal Lawyers Association in support of neither party (also as to 22-842) filed. VIDED.

Brief amicus curiae of Reporters Committee for Freedom of the Press in support of neither party filed.

Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed.

Brief amici curiae of American Academy of Pediatrics, et al. filed.

Brief amicus curiae of Floor64, Inc. d/b/a the Copia Institute, in support of neither party filed.

Brief amici curiae of NetChoice, et al. in support of neither party filed.

Brief amici curiae of Electronic Frontier Foundation, et al. in support of neither party filed.

Joint appendix filed.

Brief of petitioners Vivek H. Murthy, et al. filed.

Motion of Kennedy Plaintiffs for leave to intervene DENIED. Justice Alito, dissenting from the denial of the motion to intervene. (Detached Opinion)

Rescheduled.

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

Motion DISTRIBUTED for Conference of 12/8/2023.

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 19, 2023. The time to file respondent's briefs on the merits is extended to and including February 2, 2024.

Motion DISTRIBUTED for Conference of 12/1/2023.

Reply on motion to intervene filed. (Distributed)

Response in opposition to motion from respondents Missouri, et al. filed. (Distributed)

Response in opposition to motion to intervene from respondents Missouri, et al. filed. (Distributed)

Response in opposition to motion to intervene from petitioners Vivek H. Murthy, et al. filed. (Distributed)

Response in opposition to motion from petitioners Vivek H. Murthy, et al. filed. (Distributed)

Motion DISTRIBUTED for Conference of 11/17/2023.

Motion for leave to intervene filed by Kennedy Plaintiffs.

Application (23A243) referred to the Court.

Application (23A243) for stay presented to Justice Alito and by him referred to the Court is granted. The preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22–cv–01213, as modified by the United States Court of Appeals for the Fifth Circuit on October 3, 2023, case No. 23–30445, is stayed. The application for stay is also treated as a petition for a writ of certiorari, and the petition is granted on the questions presented in the application (case No. 23-411). The stay shall terminate upon the sending down of the judgment of this Court. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting from grant of application for stay. (Detached Opinion)

Petition GRANTED.

Brief amicus curiae of Michael Eugene Reznick filed.

Order issued by Justice Alito: Upon consideration of the application of counsel for the applicant, the response, and the reply filed thereto, it is ordered that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22-cv-01213, is hereby administratively stayed until 5 p.m. (EDT) on Friday, October 20, 2023.

Response to Applicants' Third Supplemental Memorandum Regarding Application for a Stay of Injunction filed.

Notice and Opposition to Stay Request of Michael Eugene Reznick not accepted for filing. (October 13, 2023)

Amicus brief of Michael Eugene Reznick not accepted for filing. (corrected copy to be submitted by counsel)(October 13, 2023)

Third Supplemental Memorandum Regarding Emergency Application for a Stay filed.

Supplemental Letter from Missouri, et al. filed.

Letter to the Clerk filed by Missouri, et al.

Supplemental Memorandum Regarding Emergency Application For A Stay filed.

Second Supplemental Memorandum Regarding Emergency Application For A Stay filed.

Supplemental Letter from Missouri, et al. filed.

Order issued by Justice Alito: Upon further consideration of the application of counsel for the applicants, the response, and the reply filed thereto, it is ordered that the stay issued on September 14, 2023, is hereby extended until 11:59 p.m. (EDT) on Wednesday, September 27, 2023.

Reply of applicant Vivek H. Murthy, et al. filed.

Notice of Appearance by Interested Party and Notice of Related Case Captioned Richard Jackson v. Twitter, Inc.; Notice of Intent to File Amicus Brief of Michael Eugene Reznick not accepted for filing. (October 13, 2023)

Brief amicus curiae of Angela Reading filed.

Brief amicus curiae of Kennedy Plaintiffs filed.

Brief amicus curiae of Michael Benz filed.

Response to application from respondent Missouri, et al. filed.

Brief amicus curiae of Ohio filed.

Application (23A243) for a stay, submitted to Justice Alito.

Order issued by Justice Alito: UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22-cv-01213, is hereby administratively stayed until 11:59 p.m. (EDT) on Friday, September 22, 2023. It is further ordered that any response to the application be filed on or before Wednesday, September 20, 2023, by 4 p.m. (EDT).

Petition for a writ of certiorari filed.

Parties

Vivek H. Murthy , et al., Petitioner, represented by Elizabeth B. Prelogar

Jayanta Bhattacharya, Martin Kulldorff, Aaron Kheriaty, Ms. Jill Hines, Respondent, represented by John Julian Vecchione

Louisiana, Respondent, represented by D. John Sauer

Missouri, et al., Respondent, represented by Joshua Michael Divine

Missouri, et al., Respondent, represented by Elizabeth Baker Murrill

State of Louisiana, Respondent, represented by D. John Sauer

Amici Curiae

Advancing American Freedom, Inc., Amicus Curiae, represented by John Marc Wheat

American Academy of Pediatrics, American Medical Association, American Academy of Family Physicians, American College of Physicians, and American Geriatrics Society, Amicus Curiae, represented by Jessica Anne Morton

American Free Enterprise Chamber of Commerce, Amicus Curiae, represented by Michael Blandford Buschbacher

Americans for Prosperity Foundation, Amicus Curiae, represented by Cynthia Fleming Crawford

America’s Frontline Doctors and Dr. Simone Gold, M.D., J.D., Amicus Curiae, represented by David Anthony Dalia

Amicus Populi and Freedom X, Amicus Curiae, represented by Mitchell Keiter

Angela Reading, Amicus Curiae, represented by Brennan Tyler Brooks

Angela Reading, Amicus Curiae, represented by Thomas L. Brejcha Jr.

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

Atlantic Legal Foundation, Amicus Curiae, represented by Lawrence S. Ebner

Buckeye Institute, Amicus Curiae, represented by Jay Randall Carson

Center for American Liberty, Amicus Curiae, represented by Harmeet Kaur Dhillon

Claremont Institute's Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso

ELECTION OFFICIALS, Amicus Curiae, represented by Matthew Adam Seligman

Electronic Frontier Foundation and Center for Democracy & Technology, Amicus Curiae, represented by David Allen Greene

Floor64, Inc. d/b/a the Copia Institute, Amicus Curiae, represented by Catherine Rachel Gellis

Foundation for Individual Rights and Expression, et al., Amicus Curiae, represented by Robert Lawrence Corn-Revere

Institute for Free Speech, Amicus Curiae, represented by Charles Michael Miller

International Center For Law & Economics, Amicus Curiae, represented by Andrew C. Nichols

Jim Jordan and 44 Other Members of Congress, Amicus Curiae, represented by Christopher E. Mills

Kennedy Plaintiffs, Amicus Curiae, represented by Mary Holland

Knight First Amendment Institute at Columbia University, Amicus Curiae, represented by Alexander Abraham Abdo

Liberty Justice Center and Justin Hart, Amicus Curiae, represented by M. E. Buck Dougherty III

Louder with Crowder, LLC, Amicus Curiae, represented by Georgios Mavros

Manhattan Institute, React19, and Three Vaccine-Injured Individuals, Amicus Curiae, represented by Ilya Shapiro

National Institute of Family and Life Advocates, Amicus Curiae, represented by John J. Bursch

National Religious Broadcasters, Amicus Curiae, represented by Michael P. Farris

NetChoice, the Computer & Communications Industry Association (CCIA), Chamber of Progress, and the Cato Institute, Amicus Curiae, represented by David Morris Gossett

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

Reporters Committee for Freedom of the Press, Amicus Curiae, represented by Bruce David Brown

Secretaries of State of Arizona, Colorado, Connecticut, Maine, Minnesota, New Mexico, Oregon, and Vermont, Amicus Curiae, represented by Jason Seth Harrow

Stanford University, Amicus Curiae, represented by John Bellinger Bellinger III

The Chamber of Commerce of the United States of America, Amicus Curiae, represented by Steffen Nathanael Johnson

The Coalition for Independent Technology Research, Amicus Curiae, represented by Seth Daniel Berlin

The International Municipal Lawyers Association, Amicus Curiae, represented by Meaghan Elizabeth McLaine VerGow

The Lawyer's Committee For Civil Rights Under Law, Common Cause, and Leadership Conference on Civil and Human Rights, Amicus Curiae, represented by David Ryan Brody

The Rutherford Institute, Amicus Curiae, represented by John W. Whitehead

THE “TWITTER FILES” JOURNALISTS: MATT TAIBBI, MICHAEL SHELLENBERGER, LEE FANG, DAVID ZWEIG, LEIGHTON WOODHOUSE, ALEX GUTENTAG, Amicus Curiae, represented by D. Adam Candeub

United States Senator Mark Warner, Amicus Curiae, represented by Spencer Scot Hughes

 
Last updated: May 27, 2024