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Kennedy v. Braidwood Management, Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
24-316 5th Cir. Apr 21, 2025 TBD TBD TBD OT 2024

Issue: Whether the U.S. Court of Appeals for the 5th Circuit erred in holding that the structure of the U.S. Preventive Services Task Force violates the Constitution's appointments clause and in declining to sever the statutory provision that it found to unduly insulate the task force from the Health & Human Services secretary's supervision.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/19/2024Petition for a writ of certiorari filed. (Response due October 21, 2024)
10/21/2024Brief amici curiae of The American Public Health Association, et al. filed.
10/21/2024Brief amici curiae of The American Cancer Society, et al. filed.
10/21/2024Brief amici curiae of 35 Health Care Access Organizations filed.
10/21/2024Brief of respondents Braidwood Management, Inc., et al. in support filed.
10/21/2024Brief amici curiae of Illinois, et al. filed.
12/18/2024DISTRIBUTED for Conference of 1/10/2025.
12/18/2024Reply of petitioners Xavier Becerra, et al. filed. (Distributed)
01/10/2025Petition GRANTED.
02/18/2025Brief of petitioners Robert F. Kennedy, Jr., et al. filed.
02/18/2025Joint appendix filed.
02/24/2025SET FOR ARGUMENT on Monday, April 21, 2025.
02/24/2025Brief amici curiae of American Hospital Association, et al. filed.
02/25/2025Record requested from the United States Court of Appeals for the Fifth Circuit.
02/25/2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
02/25/2025Brief amici curiae of National Alliance of State and Territorial AIDS Directors, et al. filed.
02/25/2025Brief amici curiae of United States of Care, et al. filed.
02/25/2025Brief amici curiae of Public Citizen, et al. filed.
02/25/2025Brief amicus curiae of Gilead Sciences, Inc. filed.
02/25/2025Brief amici curiae of American Public Health Association, et al. filed.
02/25/2025Brief amici curiae of Chronic Illness and Disability Partnership, et al. filed.
02/25/2025Brief amicus curiae of The Susan G. Komen Breast Cancer Foundation, Inc. filed.
02/25/2025Brief amici curiae of HIV and Hepatitis Policy Institute, et al. filed.
02/25/2025Brief amici curiae of Patient and Physician Professional Organizations filed.
02/25/2025Brief amici curiae of Illinois, et al. filed.
02/25/2025Amicus brief of 48 Bipartisan Economic and Social Science Scholars not accepted for filing. (To be corrected - February 28, 2025)
02/25/2025Brief amici curiae of 48 Bipartisan Economic and Social Science Scholars filed. (Corrected)
02/25/2025Amicus brief of Center for HIV Law and Policy, et al. not accepted for filing. (To be corrected - February 28, 2025)
02/25/2025Brief amici curiae of Center for HIV Law and Policy, et al. filed. (Corrected)
02/25/2025Amicus 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.)
03/03/2025Brief amicus curiae of American College of Gastroenterology in support of neither party filed.
03/07/2025Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
03/19/2025CIRCULATED
03/20/2025Brief of respondents Braidwood Management, Inc., et al. filed. (Distributed)
03/21/2025Brief amicus curiae of Goldwater Institute filed. (Distributed)
03/26/2025Brief amicus curiae of Association of American Physicians and Surgeons filed. (Distributed)
03/27/2025Brief amicus curiae of Christian Employers Alliance filed. (Distributed)
03/27/2025Brief amicus curiae of Manhattan Institute filed. (Distributed)
03/27/2025Brief amicus curiae of Cato Institute filed. (Distributed)
03/27/2025Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
03/27/2025Brief amici curiae of Texas, et al. filed. (Distributed)
03/27/2025Brief amicus curiae of The Buckeye Institute filed. (Distributed)
04/11/2025Reply of petitioners Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. filed. (Distributed)
04/21/2025Argued. For petitioners: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Jonathan F. Mitchell, Austin, Tex.
04/24/2025The 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.
05/02/2025Motion of New Civil Liberties Alliance for leave to file amicus brief submitted.
05/05/2025Supplemental letter brief of petitioners Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. filed. (Distributed)
05/05/2025Supplemental brief of respondent Braidwood Management, Inc., et al. filed. (Distributed)