from the United States Court of Appeals for the Fifth Circuit
See other cases from the Fifth Circuit.
Judgment Issued.
Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/24-316_869d.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito and Gorsuch, JJ., joined.
Supplemental brief of respondent Braidwood Management, Inc., et al. filed. (Distributed)
Supplemental letter brief of petitioners Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. filed. (Distributed)
Motion of New Civil Liberties Alliance for leave to file amicus brief submitted.
The parties are directed to file supplemental letter briefs addressing the following question: Whether Congress has “by Law” vested the Secretary of the Department of Health and Human Services with the authority to appoint members of the United States Preventive Services Task Force. U. S. Const. art. II, §2, cl. 2. The briefs should address this Court’s decisions in United States v. Hartwell, 6 Wall. 385 (1868), and United States v. Smith, 124 U. S. 525 (1888). The briefs, not to exceed 15 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, May 5, 2025.
Argued. For petitioners: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Jonathan F. Mitchell, Austin, Tex.
Reply of petitioners Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. filed. (Distributed)
Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
Brief amicus curiae of Christian Employers Alliance filed. (Distributed)
Brief amicus curiae of Manhattan Institute filed. (Distributed)
Brief amicus curiae of Cato Institute filed. (Distributed)
Brief amicus curiae of The Buckeye Institute filed. (Distributed)
Brief amici curiae of Texas, et al. filed. (Distributed)
Brief amicus curiae of Association of American Physicians and Surgeons filed. (Distributed)
Brief amicus curiae of Goldwater Institute filed. (Distributed)
Brief of respondents Braidwood Management, Inc., et al. filed. (Distributed)
CIRCULATED
Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
Brief amicus curiae of American College of Gastroenterology in support of neither party filed.
Amicus brief of 35 Health Care Access Organizations not accepted for filing. (Counsel of record resubmitted using corrected notice of appearance--National Alliance of State and Territorial Aids Directors, et al.--April 01, 2025.)
Record requested from the United States Court of Appeals for the Fifth Circuit.
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Brief amici curiae of National Alliance of State and Territorial AIDS Directors, et al. filed.
Brief amici curiae of United States of Care, et al. filed.
Brief amici curiae of Public Citizen, et al. filed.
Brief amicus curiae of Gilead Sciences, Inc. filed.
Brief amici curiae of American Public Health Association, et al. filed.
Brief amici curiae of Chronic Illness and Disability Partnership, et al. filed.
Brief amicus curiae of The Susan G. Komen Breast Cancer Foundation, Inc. filed.
Brief amici curiae of HIV and Hepatitis Policy Institute, et al. filed.
Brief amici curiae of Patient and Physician Professional Organizations filed.
Brief amici curiae of Illinois, et al. filed.
Amicus brief of 48 Bipartisan Economic and Social Science Scholars not accepted for filing. (To be corrected - February 28, 2025)
Brief amici curiae of 48 Bipartisan Economic and Social Science Scholars filed. (Corrected)
Amicus brief of Center for HIV Law and Policy, et al. not accepted for filing. (To be corrected - February 28, 2025)
Brief amici curiae of Center for HIV Law and Policy, et al. filed. (Corrected)
Brief amici curiae of American Hospital Association, et al. filed.
SET FOR ARGUMENT on Monday, April 21, 2025.
Joint appendix filed. (Statement of costs filed.)
Brief of petitioners Robert F. Kennedy, Jr., et al. filed.
Petition GRANTED.
Reply of petitioners Xavier Becerra, et al. filed. (Distributed)
Brief amici curiae of Illinois, et al. filed.
Brief of respondents Braidwood Management, Inc., et al. in support filed.
Brief amici curiae of 35 Health Care Access Organizations filed.
Brief amici curiae of The American Cancer Society, et al. filed.
Brief amici curiae of The American Public Health Association, et al. filed.
Petition for a writ of certiorari filed. (Response due October 21, 2024)
Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al., Petitioner, represented by D. John Sauer
Braidwood Management, Inc., et al., Respondent, represented by Jonathan F. Mitchell
48 Bipartisan Economic and Other Social Science Scholars, Amicus Curiae, represented by Matthew S. Hellman
American College of Gastroenterology, Amicus Curiae, represented by Andrew Tauber
American Hospital Association, Catholic Health Association of the United States, Federation of American Hospitals, America's Essential Hospitals, and Association of American Medical Colleges, Amicus Curiae, represented by Chad Ian Golder
Association of American Physicians and Surgeons, Amicus Curiae, represented by Andrew L. Schlafly
Cato Institute, Amicus Curiae, represented by Thomas Arthur Berry
CHLPI, CIDP, ADA, MRC, CAP, et al., Amicus Curiae, represented by Benjamin Gross Shatz
Christian Employers Alliance, Amicus Curiae, represented by Erin Morrow Hawley
Gilead Sciences, Inc., Amicus Curiae, represented by Kwaku Affawua Akowuah
Goldwater Institute, Amicus Curiae, represented by Timothy Mason Sandefur
HIV and Hepatitis Policy Institute, et al., Amicus Curiae, represented by Richard Henry Hughes IV
Illinois, Amicus Curiae, represented by Jane Elinor Notz
Manhattan Institute, Amicus Curiae, represented by R. Trent McCotter
National Alliance of State and Territorial Aids Directors and Other HIV, LGBTQ, and Healthcare Organizations, Amicus Curiae, represented by Jose Idio Abrigo Jr.
New Civil Liberties Alliance, Amicus Curiae, represented by Margaret Ann Little
Pacific Legal Foundation, Amicus Curiae, represented by Michael Poon
Public Citizen et al., Amicus Curiae, represented by Nicolas Anthony Sansone
Texas, Florida, Idaho, Indiana, Iowa, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia, Amicus Curiae, represented by Aaron Lloyd Nielson
The American Cancer Society, et al., Amicus Curiae, represented by Beth W. Petronio
The American Public Health Association, Public Health Deans and Scholars, The Robert Wood Johnson Foundation, and Public Health Advocates, Amicus Curiae, represented by Andrew John Pincus
The Buckeye Institute, Amicus Curiae, represented by Jay Randall Carson
The Center for HIV Law and Policy and Other Leading Health Policy and Reproductive Justice Organizations, Amicus Curiae, represented by David W. DeBruin
The Susan G. Komen Breast Cancer Foundation, Inc., Amicus Curiae, represented by David C. Frederick
United States of Care and 47 Other Organizations, Amicus Curiae, represented by Daniel Gordon Jarcho