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American Medical Association v. Becerra

Dismissed pursuant to Rule 46.1 on May 17, 2021. Justices Thomas, Alito and Gorsuch would deny the stipulations to dismiss.

Docket No. Op. Below Argument Opinion Vote Author Term
20-429 9th Cir. N/A N/A N/A N/A OT 2021

Issue: (1) Whether the Department of Health and Human Services' rule for the Title X family planning program " which prohibits and compels certain pregnancy-related speech between a Title X provider and her patient, proscribing abortion-related information but requiring information about non-abortion options " is arbitrary and capricious; (2) whether the rule violates the Title X appropriations act, which requires that "all pregnancy counseling" under Title X "shall be nondirective"; and (3) whether the rule violates Section 1554 of the Affordable Care Act, which requires that HHS "shall not promulgate any regulation" that harms patient care in any one of six ways, including by "interfer[ing] with communications" between a patient and her provider.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/01/2020Petition for a writ of certiorari filed. (Response due November 4, 2020)
10/23/2020Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk.
10/26/2020Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020.
11/04/2020Letter of October 26, 2020 from counsel for respondents Oregon, et al. received.
11/04/2020Brief of respondents States of Oregon, New York, California, et al. in support filed.
12/04/2020Brief for the Federal Respondents filed. VIDED
12/22/2020Reply of petitioners American Medical Association, et al. filed. (Distributed)
12/23/2020DISTRIBUTED for Conference of 1/8/2021.
01/19/2021DISTRIBUTED for Conference of 1/22/2021.
02/12/2021DISTRIBUTED for Conference of 2/19/2021.
02/22/2021Petition GRANTED. The petitions for writs of certiorari in Nos. 20-454 and 20-539 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
02/22/2021Because 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. 20-429. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-429. 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.”
03/08/2021Motion for leave to intervene filed by State of Ohio and 18 Other States. VIDED.
03/12/2021Joint stipulation to dismiss the cases in Nos. 20-429 and 20-539 pursuant to Rule 46.1 filed. VIDED.
03/12/2021Joint stipulation to dismiss the case in No. 20-454 pursuant to Rule 46.1 filed.
03/12/2021Motion for leave to intervene filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. VIDED.
03/15/2021Motion for leave to file a supplemental brief in support of intervention filed by State of Ohio and 18 Other States. VIDED. (To be printed)
03/15/2021Motion for leave to file a supplemental brief in support of intervention filed by State of Ohio and 18 Other States. VIDED. (March 18, 2021).
03/15/2021Motion for leave to file a supplemental brief in support of intervention filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. VIDED. (To be printed)
03/18/2021Response of the Federal Parties in opposition to the motions for leave to intervene filed. VIDED.
03/18/2021Response of American Medical Association, et al. in opposition to motions for leave to intervene filed. VIDED.
03/18/2021Response of States of Oregon, New York, California, et al. in opposition to motions for leave to intervene filed. VIDED.
03/19/2021Motion for Leave to File a Supplemental Brief in Support of Intervention filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical and Dental Associations, Catholic Medical Association. VIDED.
03/19/2021Reply of State of Ohio and 18 Other States in support of motion to intervene filed. VIDED.
03/22/2021Reply of American Association of Pro-Life Obstetricians & Gynecologists, et al. in support of motion to intervene filed. VIDED.
04/01/2021Motion for an extension of time to file the joint appendix and petitioners' briefs on the merits filed. VIDED.
04/01/2021Motion to extend the time to file the joint appendix and petitioners' briefs on the merits is granted, and the time is extended to and including May 6, 2021. VIDED.
04/15/2021Letter of April 15, 2021 from the Acting Solicitor General filed. VIDED.
04/26/2021The Acting Solicitor General is directed to file a letter brief addressing the following question: Whether the Government intends to continue to enforce the challenged rule and regulations outside the State of Maryland until the completion of notice and comment; and, if further litigation is brought against the challenged rule and regulations outside of Maryland, how the Government would intend to respond. The brief, not to exceed three pages, is to be filed by Monday, May 3, 2021. The non-federal parties and the proposed intervenors may submit any responses in letter briefs, not to exceed three pages each, by Monday, May 10, 2021. VIDED.
04/29/2021Motion for a further extension of time to file the joint appendix and petitioners' briefs on the merits filed. VIDED.
04/29/2021Motion for a further extension of time to file the joint appendix and petitioners' briefs on the merits granted, and the time is extended to and including June 3, 2021. VIDED.
05/03/2021Letter brief of the Acting Solicitor General filed. VIDED. (Distributed)
05/10/2021Letter brief in response of proposed intervenors State of Ohio and 18 Other States filed. VIDED. (Distributed)
05/10/2021Letter brief in response of proposed intervenors American Association of Pro-Life Obstetricians & Gynecologists, et al. filed. VIDED. (Distributed).
05/17/2021The Government has filed a letter brief representing that it will continue enforcing the challenged rule and regulations outside the State of Maryland for as long as they remain operative. If further litigation is brought against the challenged rule and regulations outside of Maryland, the Government represents that it will either oppose that litigation on threshold grounds or seek to hold the litigation in abeyance pending the completion of notice and comment. In light of the Government’s representations, the motions for leave to intervene are denied, and the petitions in Nos. 20-429, 20-454, and 20-539 are dismissed pursuant to Rule 46.1. If the Government fails to enforce the challenged rule and regulations outside of Maryland prior to the completion of notice and comment, or if litigation is brought against the challenged rule and regulations outside of Maryland, any aggrieved party may file an application in this Court after seeking relief in the appropriate District Court and Court of Appeals. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the motions for leave to intervene and deny the stipulations to dismiss the petitions. VIDED.
05/17/2021Motion for leave to intervene filed by State of Ohio and 18 Other States DENIED. VIDED.
05/17/2021Motion for leave to intervene filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. DENIED. VIDED.