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Food and Drug Administration v. Alliance for Hippocratic Medicine

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-235 5th Cir. Mar 26, 2024
 Jun 13, 2024 9-0 Kavanaugh OT 2023

Holding: Plaintiffs lack Article III standing to challenge the Food and Drug Administration’s regulatory actions regarding mifepristone.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kavanaugh on June 13, 2024. Justice Thomas filed a concurring opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 08 2023Petition for a writ of certiorari filed. (Response due October 12, 2023)
Sep 29 2023Motion to extend the time to file a response from October 12, 2023 to November 9, 2023, submitted to The Clerk.
Sep 29 2023Application (23A300) to file consolidated brief in opposition in excess of word limits, submitted to Justice Alito.
Oct 02 2023Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2023.
Oct 07 2023Application (23A300) 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 2023Brief amici curiae of Over 600 State Legislators filed. VIDED.
Oct 12 2023Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED.
Oct 12 2023Brief amici curiae of Food and Drug Law Scholars filed. VIDED.
Oct 12 2023Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED.
Oct 12 2023Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED.
Oct 12 2023Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED.
Oct 12 2023Brief amicus curiae of GenBioPro, Inc. filed. VIDED.
Oct 12 2023Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED.
Oct 12 2023Brief amici curiae of The City of New York, et al. filed. VIDED.
Oct 12 2023Brief amici curiae of 257 Members of Congress filed. VIDED.
Oct 12 2023Brief amici curiae of New York, et al. filed. VIDED.
Oct 12 2023Brief amici curiae of Doctors for America and The Reproductive Health Coalition filed. VIDED.
Oct 12 2023Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. VIDED.
Oct 12 2023Brief amici curiae of Religious Coalition for Reproductive Choice, et al. filed. (10/26/23) VIDED.
Nov 09 2023Brief of respondents Alliance for Hippocratic Medicine, et al. in opposition filed. VIDED.
Nov 15 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Nov 21 2023DISTRIBUTED for Conference of 12/8/2023.
Nov 21 2023Reply of petitioners US Food and Drug Administration, et al. filed. (Distributed)
Dec 13 2023Petition GRANTED. The petition for a writ of certiorari in No. 23-236 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
Dec 13 2023Because 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 22 2024Motion for leave to intervene filed by Missouri, et al. VIDED.
Jan 23 2024Brief of Federal Petitioners filed. VIDED
Jan 23 2024Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere. VIDED.
Jan 23 2024Joint appendix (2 volumes) filed. VIDED.
Jan 23 2024Brief of petitioner Danco Laboratories, LLC filed. VIDED
Jan 29 2024SET FOR ARGUMENT on Tuesday, March 26, 2024. VIDED.
Jan 30 2024Brief amicus curiae of Physicians for Reproductive Health filed. VIDED.
Jan 30 2024Application (23A712) to file respondents' brief on the merits in excess of the word limit, submitted to Justice Alito.
Jan 30 2024Brief amici curiae of American Civil Liberties Union Foundation, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of Reproductive Freedom Alliance filed. VIDED
Jan 30 2024Brief amici curiae of 237 Reproductive Health, Rights, and Justice Organizations filed. VIDED.
Jan 30 2024Brief amici curiae of The City of New York and NYC Health + Hospitals, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of Doctors for America and The Reproductive Health Coalition filed. VIDED.
Jan 30 2024Brief amicus curiae of AANHPI, Black, and Immigrant Women's Organizations filed.
Jan 30 2024Brief amici curiae of Legal Voice, the National Domestic Violence Hotline, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED.
Jan 30 2024Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED.
Jan 30 2024Brief amici curiae of Food and Drug Law Scholars filed. VIDED.
Jan 30 2024Brief amici curiae of Freedom from Religion Foundation, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of American Psychological Association, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of Over 640 State Legislators filed. VIDED.
Jan 30 2024Brief amici curiae of Professors David S. Cohen, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED.
Jan 30 2024Brief amicus curiae of Women's Bar Association of the District of Columbia filed. VIDED.
Jan 30 2024Brief amicus curiae of Medical Students for Choice filed. VIDED.
Jan 30 2024Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of National Council of Jewish Women, et al. filed. VIDED.
Jan 30 2024Brief amicus curiae of GenBioPro, Inc. filed. VIDED.
Jan 30 2024Brief amici curiae of 263 Members of Congress filed. VIDED.
Jan 30 2024Brief amicus curiae of Honeybee Health, Inc. filed. VIDED.
Jan 30 2024Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED.
Jan 30 2024Brief amicus curiae of Association of American Medical Colleges filed. VIDED.
Jan 30 2024Brief amicus curiae of Professor F. Andrew Hessick filed. VIDED.
Jan 30 2024Brief amici curiae of Women Who Have Obtained Medication Abortion Via Telemedicine filed. VIDED.
Jan 30 2024Brief amici curiae of Former U.S. Department of Justice Officials filed. VIDED.
Jan 30 2024Brief amici curiae of Disability Rights Education & Defense Fund, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of New York, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of Former Military Officials, Civilian National Security Leaders, et al. filed. VIDED.
Jan 30 2024Brief amici curiae of Public Citizen, et al. filed. VIDED.
Jan 30 2024Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (Feb. 6, 2024) filed. VIDED.
Jan 30 2024Brief amici curiae of Over 300 Reproductive Health Researchers filed.(Feb. 28, 2024) VIDED. (Distributed)
Jan 31 2024Motion of Missouri, et al. for leave to intervene and motion of Gregory J. Roden, as Next Friend of Americans en ventre sa mere for leave to intervene DISTRIBUTED for Conference of 2/16/2024.
Jan 31 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
Feb 01 2024Response in opposition to motion of Missouri, et al. for leave to intervene from petitioners US Food and Drug Administration, et al. filed. VIDED. (Distributed)
Feb 01 2024Response in opposition to motion of Missouri, et al. for leave to intervene from petitioner Danco Laboratories, LLC filed. VIDED (Distributed)
Feb 01 2024Motion for leave to file amici brief out of time filed by Former Commissioners of the U.S. Food and Drug Administration. VIDED.
Feb 02 2024Motion for leave to file amicus brief out of time filed by American Bar Association. VIDED.
Feb 06 2024Reply in support of motion of Missouri, et al. to intervene filed. (Distributed)
Feb 08 2024Application (23A712) granted by Justice Alito to file respondents' brief on the merits in excess of the word limit provided that the brief does not exceed 18,000 words.
Feb 09 2024Sealed record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
Feb 13 2024Public 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 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Feb 14 2024CIRCULATED
Feb 20 2024Motion for leave to file amicus brief out of time filed by American Bar Association DENIED.
Feb 20 2024Motion for leave to file amici brief out of time filed by Former Commissioners of the U.S. Food and Drug Administration GRANTED.
Feb 20 2024Motion for leave to intervene filed by Missouri, et al. DENIED.
Feb 20 2024Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere DENIED.
Feb 22 2024Brief of respondents Alliance for Hippocratic Medicine, et al. filed. VIDED. (Distributed)
Feb 26 2024Brief amicus curiae of Dr. Allan Sawyer filed. VIDED. (Distributed)
Feb 26 2024Brief amicus curiae of American Center for Law & Justice filed. VIDED. (Distributed)
Feb 26 2024Brief amici curiae of World Faith Foundation and Institute for Faith and Family filed. VIDED. (Distributed)
Feb 27 2024Brief amicus curiae of Students for Life of America filed. VIDED. (Distributed)
Feb 28 2024Brief amicus curiae of Ethics and Public Policy Center filed. VIDED. (Distributed)
Feb 28 2024Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED. (Distributed)
Feb 28 2024Brief amicus curiae of Secretary David L. Bernhardt filed. VIDED. (Distributed)
Feb 28 2024Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed. VIDED. (Distributed)
Feb 28 2024Brief amici curiae of Business Leaders filed. VIDED. (Distributed)
Feb 28 2024Brief amicus curiae of Priests for Life filed. VIDED. (Distributed)
Feb 28 2024Brief amici curiae of Women and Families Harmed by Mifepristone, et al. filed. VIDED. (Distributed)
Feb 29 2024Amicus brief of Family Research Council and Martha Shuping, M.D. not accepted for filing. (March 01, 2024--corrected efiling to be submitted.)
Feb 29 2024Brief amici curiae of Family Research Council, et al. filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of National Hispanic Leadership Conference, et al. filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of Judicial Watch, Inc. filed. VIDED. (Distributed)
Feb 29 2024Motion for divided argument filed by the Solicitor General. VIDED.
Feb 29 2024Brief amici curiae of 145 Members of Congress filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Operation Rescue and West Virginians for Life filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Dr. Grazie Pozo Christie and The Catholic Association Foundation filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of The Prolife Center at the University of St. Thomas (MN) filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Southeastern Legal Foundation and Texas Public Policy Foundation filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Human Coalition, et al. filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of Former U.S. Attorney General Edwin Meese III filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of Dr. Calum Miller filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of Robertson Center for Constitutional Law filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Advancing American Freedom, Inc., et al. filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of Mountain States Legal Foundation filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of United States Medical Association filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Women Injured by Abortion filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of Americans United for Life filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Missouri, et al. filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Former U.S. Department of Health and Human Services Officials, et al. filed. VIDED.
Feb 29 2024Brief amicus curiae of Life Legal Defense Foundation filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of Heartbeat International filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Mississippi, et al. filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of The Elliot Institute, et al. filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Susan B. Anthony Pro-Life America, et al. filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of Democrats for Life of America filed. VIDED. (Distributed)
Feb 29 2024Brief amici curiae of Gianina Cazan-London MD, et al. filed. VIDED. (Distributed)
Feb 29 2024Brief amicus curiae of Stanton International filed. VIDED. (Distributed)
Mar 04 2024Motion for leave to file amicus brief out of time filed by Charlotte Lozier Institute. VIDED. (Distributed)
Mar 14 2024Reply of petitioners Danco Laboratories, LLC filed. VIDED. (Distributed)
Mar 15 2024Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
Mar 15 2024Reply of Federal Petitioners filed. VIDED. (Distributed)
Mar 18 2024Motion for leave to file amicus brief out of time filed by Charlotte Lozier Institute GRANTED. VIDED.
Mar 26 2024Argued. 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 2024Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED.
Jul 15 2024Judgment Issued.
Aug 22 2024Record returned to the United States District Court for the Northern District of Texas.