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California v. Texas

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-840 5th Cir. Nov 10, 2020 Jun 17, 2021 7-2 Breyer OT 2020

Holding: Plaintiffs lack standing to challenge the Patient Protection and Affordable Care Act’s minimum essential coverage provision.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Breyer on June 17, 2021. Justice Thomas filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 03 2020Petition for a writ of certiorari filed. (Response due February 3, 2020)
Jan 03 2020Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.
Jan 06 2020Response to motion requested. (Due January 10, 2020, by 4 p.m.)
Jan 10 2020Blanket Consent filed by Respondent, U.S. House of Representatives.
Jan 10 2020Response to motion from Federal respondents filed.
Jan 10 2020Response to motion from State respondents filed.
Jan 10 2020Response to motion from respondent Neill Hurley and John Nantz submitted.
Jan 13 2020Reply in support of motion filed.
Jan 15 2020Brief amicus curiae of America's Health Insurance Plans filed. VIDED.
Jan 15 2020Brief amici curiae of National Hospital Associations filed. VIDED.
Jan 15 2020Brief amici curiae of American Cancer Society et al. filed. VIDED.
Jan 15 2020Motion for leave to file amici brief filed by 33 State Hospital Associations.
Jan 15 2020Brief amicus curiae of Small Business Majority Foundation filed. VIDED.
Jan 15 2020Brief amici curiae of AARP, et al. filed. VIDED.
Jan 15 2020Brief amicus curiae of Bipartisan Economic Scholars filed. VIDED.
Jan 16 2020Brief amici curiae of Alliance of Community Health Plans and Association for Community Affiliated Plans filed. VIDED.
Jan 17 2020Brief amicus curiae of Jeremy C. Doerre filed. VIDED
Jan 21 2020Motion to expedite consideration filed by petitioner DENIED.
Jan 21 2020Motion to extend the time to file a response from February 3, 2020 to March 17, 2020, submitted to The Clerk.
Jan 22 2020Response to motion from respondent U.S. House of Representatives filed.
Jan 22 2020Response to motion from petitioners California, et al. filed.
Jan 24 2020Motion to extend the time to file a response to the petition for a writ of certiorari is denied.
Jan 31 2020Waiver of right of respondent U.S. House of Representatives to respond filed.
Jan 31 2020Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
Feb 03 2020Brief of State of Texas, et al. in opposition not accepted for filing. (February 03, 2020 -- Corrected version to be submitted)
Feb 03 2020Brief amicus curiae of Association of American Physicians and Surgeons filed. VIDED.
Feb 03 2020Brief of respondents United States, et al. in opposition filed. VIDED
Feb 03 2020Brief of respondents State of Texas, et al. in opposition filed. VIDED. (February 3, 2020)
Feb 03 2020Brief of respondents Neill Hurley and John Nantz in opposition filed. VIDED.
Feb 05 2020DISTRIBUTED for Conference of 2/21/2020.
Feb 12 2020Reply of petitioners California, et al. filed. (Distributed)
Feb 18 2020Letter of February 18, 2020 from counsel for respondent U.S. House of Representatives in support of California, et al. filed. (Distributed)
Feb 19 2020Letter of February 19, 2020 from counsel for petitioner filed. (Distributed)
Feb 24 2020DISTRIBUTED for Conference of 2/28/2020.
Mar 02 2020Motion for leave to file amici brief filed by 33 State Hospital Associations GRANTED.
Mar 02 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-1019 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Mar 02 2020Because 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. 19-840. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-840. 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.”
Mar 19 2020Blanket Consent filed by federal respondents United States, et al. VIDED.
Mar 20 2020Blanket Consent filed by State of Texas, et al. VIDED.
Mar 20 2020Blanket Consent filed by respondent U.S. House of Representative in support of California, et al. VIDED.
Mar 20 2020Motion for an extension of time to file the briefs on the merits. VIDED.
Apr 02 2020Motion to extend the time to file the briefs on the merits granted. Petitioners in No. 19-840 and the U.S. House of Representatives have to and including May 6, 2020, within which to file a joint appendix and opening briefs on the merits limited to the questions presented in No. 19-840. Petitioners in No. 19-1019 and the federal respondents in No. 19-840 have to and including June 25, 2020, within which to file consolidated opening briefs on the questions presented in both cases. Petitioners in No. 19-840 and the U.S. House of Representatives have to and including July 29, 2020, within which to file consolidated opening and reply briefs on the questions presented in both cases. Petitioners in No. 19-1019 have to and including August 18, 2020, within which to file a reply brief limited to Question 2 presented by the petition for certiorari in No. 19-1019. VIDED.
Apr 02 2020Amicus curiae briefs in support of petitioners in No. 19-840, the U.S. House of Representatives, or in support of neither party, on the questions presented in either case are to be filed on or before May 13, 2020. Amicus curiae briefs in support of petitioners in No. 19-1019 or the federal respondents in No. 19-840 on the questions presented in either case are to be filed on or before July 2, 2020. An amicus curiae shall file only a single brief in these cases. VIDED.
Apr 30 2020Brief amicus curiae of David Boyle filed. (in 19-840)
May 06 2020Brief of respondent U.S. House of Representatives in support of California, et al. filed (in 19-840).
May 06 2020Joint appendix filed. (Statement of cost filed.) VIDED.
May 06 2020Brief of petitioners California, et al. filed.(in 19-840)
May 12 2020Brief amicus curiae of Small Business Majority Foundation filed. VIDED.
May 12 2020Brief amicus curiae of Jeremy C. Doerre filed. VIDED.
May 12 2020Brief amicus curiae of Public Citizen, Inc. filed. VIDED.
May 13 2020Amicus brief of Washington and Lee University School of Law Black Lung Clinic not accepted for filing. (May 14, 2020 - Corrected PDF to be submitted.)
May 13 2020Brief amicus curiae of Washington and Lee University School of Law Black Lung Clinic filed (in 19-840).
May 13 2020Brief amici curiae of Professors Michael C. Dorf and Martin S. Lederman filed.
May 13 2020Brief amici curiae of Bipartisan Economic Scholars filed.
May 13 2020Brief amici curiae of American Cancer Society et al. filed.
May 13 2020Brief amici curiae of National Women's Law Center, et al. filed. VIDED.
May 13 2020Brief amici curiae of Service Employees International Union, et al. filed. VIDED.
May 13 2020Brief amicus curiae of HCA Healthcare, Inc. filed. VIDED.
May 13 2020Brief amici curiae of Tribes and Tribal Organizations filed. VIDED.
May 13 2020Brief amici curiae of Health Care Policy Scholars filed. VIDED.
May 13 2020Brief amici curiae of Alliance of Community Health Plans and Association for Community Affiliated Plans filed. VIDED.
May 13 2020Brief amici curiae of Public Health Experts, et al. filed. VIDED.
May 13 2020Brief amici curiae of National Hospital Associations filed. VIDED.
May 13 2020Brief amicus curiae of Patient-Centered Outcomes Research Institute filed. VIDED.
May 13 2020Brief amici curiae of 44 Counties, Cities, and Towns and California State Association of Counties filed. (in 19-840)
May 13 2020Brief amici curiae of First Focus on Children and The Children's Partnership filed. VIDED.
May 13 2020Brief amicus curiae of The National Association of Community Health Centers filed. VIDED.
May 13 2020Brief amicus curiae of America's Health Insurance Plans filed. VIDED.
May 13 2020Brief amici curiae of 47 Members of the United States Senate filed. VIDED.
May 13 2020Brief amici curiae of Walter Dellinger, Douglas Laycock, Christopher Schroeder filed. VIDED.
May 13 2020Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. VIDED.
May 13 2020Brief amici curiae of States of Ohio and Montana in support of neither party filed. VIDED.
May 13 2020Brief amici curiae of American Medical Association, et al. filed. (in 19-840)
May 13 2020Brief amici curiae of Samuel L. Bray, Michael W. McConnell, and Kevin C. Walsh filed. VIDED.
May 13 2020Brief amici curiae of National Health Law Program, et al. filed. VIDED.
May 13 2020Brief amici curiae of AARP, et al. filed. VIDED.
May 13 2020Brief amicus curiae of Association for Accessible Medicines filed. VIDED.
May 13 2020Brief amici curiae of Families USA, et al. filed. VIDED.
May 13 2020Brief amici curiae of Professors Jonathan H. Adler, et al. filed. VIDED.
May 13 2020Brief amici curiae of States of Maryland, et al. filed (in 19-840).
May 13 2020Brief amicus curiae of The Catholic Health Association of the United States filed.
May 13 2020Brief amici curiae of 36 State Hospital Associations filed (in 19-840).
May 13 2020Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED.
May 13 2020Brief amici curiae of American Association of People with Disabilities, et. al. filed. VIDED.
May 13 2020Brief amicus curiae of American Thoracic Society filed.(in 19-840)
Jun 25 2020Consolidated opening brief on the merits of State of Texas, et al. filed. VIDED
Jun 25 2020Consolidated opening brief on merits of Neill Hurley and John Nantz filed. VIDED.
Jun 25 2020Brief amicus curiae of Foundation for Moral Law filed. VIDED.
Jun 25 2020Consolidated opening brief on the merits of Federal Respondents filed. VIDED.
Jun 30 2020Motion for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument filed by Ohio and Montana. VIDED.
Jul 02 2020Brief amicus curiae of American Center for Law and Justice filed. VIDED.
Jul 02 2020Brief amicus curiae of Association of American Physicians and Surgeons filed. VIDED.
Jul 02 2020Motion for enlargement of time for oral argument and for divided argument filed by U.S. House of Representatives. VIDED.
Jul 02 2020Motion for divided argument filed by federal respondents United States, et al. VIDED.
Jul 02 2020Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Jul 02 2020Brief amicus curiae of The Cato Institute filed (in 19-840).
Jul 02 2020Brief amicus curiae of Landmark Legal Foundation filed. VIDED.
Jul 10 2020Response in opposition of respondents Texas, et al. to motion of respondent U.S. House of Representatives in support of petitioners for enlargement of time for oral argument and for divided argument, filed. VIDED.
Jul 13 2020Reply of respondent U.S. House of Representatives in support of petitioners to its motion for enlargement of time for oral argument and for divided argument, filed. VIDED.
Jul 29 2020Consolidated response and reply brief of respondent U.S. House of Representatives in support of petitioners filed. VIDED.
Jul 29 2020Consolidated response and reply brief of California, et al. filed. VIDED.
Aug 18 2020Reply of respondents State of Texas, et al. filed. VIDED.
Aug 18 2020Reply of respondents Neill Hurley and John Nantz filed. VIDED.
Aug 19 2020SET FOR ARGUMENT on Tuesday, November 10, 2020. VIDED.
Aug 24 2020Motion of the U.S. House of Representatives for enlargement of time for oral argument and for divided argument GRANTED. VIDED.
Aug 24 2020Motion for divided argument filed by federal respondents United States, et al. GRANTED. VIDED.
Aug 24 2020Motion of Ohio and Montana for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument DENIED. VIDED.
Aug 24 2020The motions of the Solicitor General for divided argument and of the U.S. House of Representatives for enlargement of time for oral argument and for divided argument are granted, and the time is allotted as follows: 30 minutes for California, et al., 10 minutes for the U.S. House of Representatives, 20 minutes for the Solicitor General, and 20 minutes for Texas, et al. The motion of Ohio and Montana for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument is denied. VIDED.
Aug 25 2020Letter of California, et al. filed. VIDED. (Distributed)
Aug 25 2020Letter of respondent U.S. House of Representatives in support of California, et al. filed. VIDED. (Distributed)
Aug 31 2020Record requested from the U.S.C.A. 5th Circuit.
Aug 31 2020The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Sep 02 2020CIRCULATED
Sep 14 2020Letter of Individual Respondents Hurley & Nantz filed. VIDED. (Distributed)
Sep 15 2020Letter of Texas, et al. filed. VIDED. (Distributed)
Nov 10 2020Argued. For California, et al.: Michael J. Mongan, Solicitor General, San Francisco, Cal. For U.S. House of Representatives: Donald B. Verrilli, Jr., Washington, D. C. For Texas, et al.: Kyle D. Hawkins, Solicitor General, Austin, Tex. For United States, et al.: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D. C. VIDED.
Feb 10 2021Letter of respondents United States, et al. notifying the Court of the federal government's change in position from that presented in its brief on the merits filed in these cases. VIDED. (Distributed)
Jun 17 2021Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined. VIDED.
Jul 19 2021JUDGMENT ISSUED.