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CVS Pharmacy Inc. v. Doe

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Case removed from the December calendar under Rule 46.
Docket No. Op. Below Argument Opinion Vote Author Term
20-1374 9th Cir. TBD TBD TBD TBD OT 2021

Issue: Whether Section 504 of the Rehabilitation Act of 1973 — and by extension Section 1557 of the Patient Protection and Affordable Care Act, which incorporates the “enforcement mechanisms” of other federal antidiscrimination statutes — provides a disparate-impact cause of action for plaintiffs alleging disability discrimination.

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DateProceedings and Orders (key to color coding)
Mar 26 2021Petition for a writ of certiorari filed. (Response due April 30, 2021)
Apr 05 2021Motion to extend the time to file a response from April 30, 2021 to June 1, 2021, submitted to The Clerk.
Apr 05 2021Motion to extend the time to file a response is granted and the time is extended to and including June 1, 2021.
Apr 30 2021Brief amicus curiae of America's Health Insurance Plans filed.
Apr 30 2021Brief amici curiae of Washington Legal Foundation and Independent Women's Law Center filed.
Apr 30 2021Brief amicus curiae of Pharmaceutical Care Management Association filed.
Apr 30 2021Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jun 01 2021Brief of respondents John Doe One, et al. in opposition filed.
Jun 02 2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
Jun 08 2021Reply of petitioners CVS Pharmacy, Inc., et al. filed. (Distributed)
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021Petition GRANTED limited to Question 1 presented by the petition.
Jul 14 2021Motion for an extension of time to file the briefs on the merits filed.
Jul 20 2021Motion 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 September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 22, 2021.
Jul 22 2021Suggestion of death and motion to substitute Richard Roe, authorized representative, as a respondent in place of John Doe Two, Deceased filed by respondents.
Aug 23 2021Motion to substitute Richard Roe, authorized representative, as a respondent in place of John Doe Two, Deceased GRANTED.
Aug 30 2021Suggestion of death and motion to substitute John Doe Four, authorized representative, as a respondent in place of John Doe Three, Deceased filed by respondents.
Sep 03 2021Brief of petitioners CVS Pharmacy, Inc., et al. filed.
Sep 03 2021Joint appendix filed. (Statement of costs filed)
Sep 08 2021Brief amici curiae of Washington Legal Foundation and Cato Institute filed.
Sep 10 2021Brief amicus curiae of America's Health Insurance Plans filed.
Sep 10 2021Brief amicus curiae of Independent Women's Law Center filed.
Sep 10 2021Brief amici curiae of National Conference of State Legislatures, et al. filed.
Sep 10 2021Brief amici curiae of the District of Columbia, et al., in support of neither party.
Sep 10 2021Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Sep 10 2021Brief amicus curiae of Pharmaceutical Care Management Association filed.
Sep 10 2021Brief amici curiae of Louisiana, et al. filed.
Sep 20 2021SET FOR ARGUMENT on Tuesday, December 7, 2021.
Sep 27 2021Record requested from the U.S.C.A. 9th Circuit.
Oct 04 2021Motion to substitute John Doe Four, authorized representative, as a respondent in place of John Doe Three, Deceased GRANTED.
Oct 14 2021The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer, also received one sealed document that has been electronically filed.
Oct 18 2021Record received from the U.S.D.C. California Northern District (San Francisco) has been received and is electronically filed.
Oct 22 2021Brief of respondents John Doe One, et al. filed.
Oct 26 2021Brief amicus curiae of AIDS Healthcare Foundation filed.
Oct 28 2021Brief amicus curiae of United States filed.
Oct 28 2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Oct 29 2021CIRCULATED
Oct 29 2021Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed. (Distributed)
Oct 29 2021Amicus brief of Paralyzed Veterans of America et al. not accepted for filing. (Corrected version submitted) (November 03, 2021)
Oct 29 2021Brief amici curiae of Paralyzed Veterans of America, et al. filed. (Distributed)
Oct 29 2021Amici brief of The Arc of the United States and the American Association of People with Disabilities, et al. not accepted for filing. (Corrected version submitted--November 05, 2021).
Oct 29 2021Brief amici curiae of The Arc of the United States and the American Association of People with Disabilities, et al. filed. (Distributed)
Oct 29 2021Brief amici curiae of Center for Health Law & Policy Innovation, et al. filed. (Distributed)
Oct 29 2021Brief amicus curiae of Council of Parent Attorneys and Advocates filed. (Distributed)
Oct 29 2021Brief amicus curiae of Emory Environmental Law Society filed. (Distributed)
Oct 29 2021Brief amici curiae of National Health Law Program and Disability Rights California filed. (Distributed)
Oct 29 2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Nov 08 2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Nov 11 2021Joint stipulation to dismiss the writ of certiorari pursuant to Rule 46.1 filed.
Nov 12 2021Writ of Certiorari Dismissed - Rule 46.