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Food and Drug Administration v. American College of Obstetricians and Gynecologists

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Application for stay granted on Jan. 12, 2021. Justices Breyer, Sotomayor and Kagan would deny the application.
Docket No. Op. Below Argument Opinion Vote Author Term
20A34 4th Cir. Not Argued Jan 12, 2021 TBD TBD OT 2020

Issue: Whether the Supreme Court should stay, pending appeal, a nationwide injunction by a federal district court in Maryland that prevents the FDA from enforcing requirements that certain medical abortion drugs be distributed only under the supervision of a certified healthcare provider in a hospital, clinic or medical office after a patient signs a form acknowledging that she has been counseled about the drug’s risks, on the grounds that the requirements pose an undue burden on abortion access under Planned Parenthood of Southeastern Pennsylvania v. Casey during the COVID-19 pandemic.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 26 2020Application (20A34) for a stay, submitted to The Chief Justice.
Aug 27 2020Response to application (20A34) requested by The Chief Justice, due Tuesday, September 8, by noon.
Aug 28 2020Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Indiana, et al.
Sep 08 2020Response to application from respondents American College of Obstetricians and Gynecologists, et al. filed.
Sep 08 2020Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by New York, et al.
Sep 08 2020Brief of Amici Curiae Medical Associations in Support of Plaintiffs' Opposition to Defendants' Application for Stay Pending Appeal of Medical Associations not accepted for filing. (September 08, 2020)
Sep 08 2020Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by American Medical Association, et al.
Sep 10 2020Reply of applicants Food and Drug Administration, et al. filed.
Oct 08 2020Application (20A34) referred to the Court.
Oct 08 2020The Government seeks a stay of an injunction preventing the Food and Drug Administration from enforcing in-person dispensation requirements for the drug mifepristone during the pendency of the public health emergency. The Government argues that, at a minimum, the injunction is overly broad in scope, given that it applies nationwide and for an indefinite duration regardless of the improving conditions in any individual State. Without indicating this Court’s views on the merits of the District Court’s order or injunction, a more comprehensive record would aid this Court’s review. The Court will therefore hold the Government’s application in abeyance to permit the District Court to promptly consider a motion by the Government to dissolve, modify, or stay the injunction, including on the ground that relevant circumstances have changed. See Febre v. United States, 396 U. S. 1225, 1225–1226 (1969) (Harlan, J., in chambers); see also Parr v. United States, 351 U. S. 513, 520 (1956). The District Court should rule within 40 days of receiving the Government’s submission. JUSTICE ALITO, with whom JUSTICE THOMAS joins, dissenting. (Detached Opinion).
Dec 15 2020Supplemental brief of applicants Food and Drug Administration, et al. filed.
Dec 16 2020Response to supplemental brief requested by The Chief Justice, due Tuesday, December 22, by 3 p.m.
Dec 22 2020Supplemental brief of respondents American College of Obstetricians and Gynecologists, et al. filed.
Jan 12 2021Application (20A34) granted by the Court. The application for stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted, and the district court’s July 13, 2020 order granting a preliminary injunction is stayed pending disposition of the appeal in the United States Court of Appeals for the Fourth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. JUSTICE BREYER would deny the application. CHIEF JUSTICE ROBERTS, concurring in the grant of application for stay. (Detached Opinion). JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN joins, dissenting from grant of application for stay. (Detached Opinion).