Danco Laboratories, L.L.C. v. Alliance for Hippocratic Medicine
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-236 | 5th Cir. |
Mar 26, 2024 |
TBD | TBD | TBD | OT 2023 |
Issues: (1) Whether an association can demonstrate Article III standing to enjoin a government action by arguing that some unspecified member may be injured at some future time by the challenged action; and (2) whether the U.S. Court of Appeals for the 5th Circuit erred in upholding the preliminary injunction of the Food and Drug Administration’s 2016 and 2021 actions with respect to mifepristone’s approved conditions of use based on the court’s review of an incomplete administrative record.
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| Date | Proceedings and Orders |
|---|---|
| Sep 08 2023 | Petition for a writ of certiorari filed. (Response due October 12, 2023) |
| Sep 29 2023 | Motion to extend the time to file a response from October 12, 2023 to November 9, 2023, submitted to The Clerk. |
| Sep 29 2023 | Application (23A301) to file consolidated brief in opposition in excess of word limits, submitted to Justice Alito. |
| Oct 02 2023 | Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2023. |
| Oct 07 2023 | Application (23A301) to file consolidated brief in opposition in excess of word limits granted by Justice Alito. The consolidated brief in opposition may not exceed 13,500 words. |
| Oct 12 2023 | Brief amici curiae of Over 600 State Legislators filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of Food and Drug Law Scholars filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED. |
| Oct 12 2023 | Brief amicus curiae of GenBioPro, Inc. filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of The City of New York, et al. filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of 257 Members of Congress filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of New York, et al. filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of Doctors for America and the Reproductive Health Coalition filed. VIDED. |
| Oct 12 2023 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. VIDED. |
| Oct 12 2023 | Brief amici curiae of Religious Coalition for Reproductive Choice, et al. filed.(10/26/23) VIDED. |
| Nov 09 2023 | Brief of respondents Alliance for Hippocratic Medicine, et al. in opposition filed. VIDED. |
| Nov 15 2023 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
| Nov 21 2023 | DISTRIBUTED for Conference of 12/8/2023. |
| Nov 21 2023 | Reply of petitioner Danco Laboratories, L.L.C. filed. (Distributed) |
| Dec 13 2023 | Petition GRANTED. The petition for a writ of certiorari in No. 23-235 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. |
| Dec 13 2023 | Because 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. 23-235. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-235. 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.” |
| Jan 29 2024 | SET FOR ARGUMENT on Tuesday, March 26, 2024. VIDED. |
| Jan 31 2024 | Record requested from the United States Court of Appeals for the Fifth Circuit. |
| Feb 09 2024 | Sealed record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk. |
| Feb 13 2024 | Public electronic record on appeal received from the United States District Court for the Northern District of Texas (one DVD) and available with the Clerk. |
| Feb 13 2024 | Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER. |
| Feb 14 2024 | CIRCULATED |
| Mar 26 2024 | Argued. For federal petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For petitioner Danco Laboratories, L.L.C.: Jessica L. Ellsworth, Washington, D. C. For respondents: Erin M. Hawley, Washington, D. C. VIDED. |
| Jun 13 2024 | Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED. |
| Jul 15 2024 | Judgment Issued. |
| Aug 22 2024 | Record returned to the United States District Court for the Northern District of Texas. |
