Russo v. June Medical Services LLC
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-1460 | 5th Cir. | Mar 4, 2020 | Jun 29, 2020 | 5-4 | Breyer | OT 2019 |
Holding: Louisiana's Unsafe Abortion Protection Act, requiring doctors who perform abortions to have admitting privileges at a nearby hospital, is unconstitutional.
Judgment: Reversed, 5-4, in an opinion by Justice Breyer on June 29, 2020. Justice Breyer announced the judgment of the court and delivered an opinion, in which Justices Ginsburg, Sotomayor and Kagan joined. Chief Justice Roberts filed an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined, Justice Thomas joined except as to Parts III–C and IV–F and Justice Kavanaugh joined as to Parts I, II and III. Justice Gorsuch filed a dissenting opinion. Justice Kavanaugh filed a dissenting opinion.
SCOTUSblog Coverage
- Symposium: How to count to one (John Knepper, July 1, 2020)
- Symposium: June Medical and the many faces of judicial discretion (Jane Schacter, June 30, 2020)
- Symposium: June Medical Services v. Russo: When a “win” is not a win (Gretchen Borchelt, June 30, 2020)
- Symposium: The chief justice restores the Casey standard even while undermining women’s interests in Louisiana (Erika Bachiochi, June 30, 2020)
- Symposium: June Medical decision is no cause for congressional complacency (Richard Blumenthal, June 29, 2020)
- Symposium: Chief Justice Roberts reins in the cavalry of abortion providers charging toward the elimination of abortion regulation (Cynthia Yee-Wallace, June 29, 2020)
- Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated) (Amy Howe, June 29, 2020)
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, June 29, 2020)
- A “view” from the courtroom: “Strong feelings” in the latest abortion case (Mark Walsh, March 4, 2020)
- Argument analysis: Justices grapple with Louisiana abortion law (Updated) (Amy Howe, March 4, 2020)
- Argument preview: Abortion debate returns to the Roberts Court (Amy Howe, February 26, 2020)
- Symposium: June Medical Services and the future of Article III standing in abortion cases (Leah Litman and Steve Vladeck, February 3, 2020)
- Symposium: Congress to Supreme Court: Abortionists don’t represent women (Catherine Glenn Foster and Natalie Hejran, February 3, 2020)
- Symposium: Will the Supreme Court legitimate pretext? (Aziza Ahmed, January 31, 2020)
- Symposium: After 40+ years it is clear women can speak for themselves (Teresa Stanton Collett, January 30, 2020)
- Symposium: Abortion: A right in name only? (Jennifer Dalven, January 29, 2020)
- Symposium: A long-awaited opportunity to close the loophole on third-party standing (Denise Harle, January 29, 2020)
- Symposium: June Medical Services – An opportunity to reject invasive appellate review (Fadwa Hammoud, January 28, 2020)
- Symposium: As states seek to protect women, the court with June Medical Services has multiple ways to end abortion litigation free-for-all (Thomas Fisher, January 28, 2020)
- Symposium: Abortion debate returns to the Roberts Court (Amy Howe, January 27, 2020)
- Federal government’s brief in abortion case supports Louisiana’s position, raises possibility of overruling Whole Woman’s Health (Amy Howe, January 3, 2020)
- Abortion, CFPB cases scheduled for February sitting (Amy Howe, November 26, 2019)
- Justices grant new cases for upcoming term, will tackle Louisiana abortion dispute (Amy Howe, October 4, 2019)
| Date | Proceedings and Orders |
|---|---|
| May 20 2019 | Petition for a writ of certiorari filed. (Response due June 24, 2019) |
| Jun 03 2019 | Motion to extend the time to file a response from June 24, 2019 to August 23, 2019, submitted to The Clerk. |
| Jun 05 2019 | Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2019. |
| Jun 21 2019 | Brief amicus curiae of Senator Josh Hawley filed. VIDED. |
| Jun 24 2019 | Brief amicus curiae of Americans United for Life filed. |
| Jun 24 2019 | Amicus brief of 2,556 Operation Outcry Women Hurt By Abortion and The Justice Foundation not accepted for filing. (June 24, 2019 -- Corrected version to be submitted) |
| Jun 24 2019 | Brief amici curiae of State of Indiana, et al. filed. |
| Jun 24 2019 | Amicus brief of American Center for Law and Justice not accepted for filing. (June 27, 2019)(Corrected version submitted) |
| Jun 24 2019 | Brief amicus curiae of American Center for Law and Justice filed. |
| Jun 24 2019 | Brief amici curiae of 2,556 Operation Outcry Women Hurt By Abortion and The Justice Foundation filed. |
| Aug 23 2019 | Brief of respondents June Medical Services L.L.C., et al. in opposition filed. |
| Sep 09 2019 | Reply of petitioner Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals filed. |
| Sep 11 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Oct 04 2019 | Petition GRANTED. The petition for a writ of certiorari in No. 18-1323 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| Oct 04 2019 | 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. 18-1323. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1323. 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.” |
| Nov 26 2019 | SET FOR ARGUMENT on Wednesday, March 4, 2020. VIDED. |
| Jan 09 2020 | Record requested from the U.S.C.A. 5th Circuit. |
| Jan 10 2020 | The record from the U.S.C.A. 5th circuit is electronic and located on PACER. |
| Jan 21 2020 | CIRCULATED |
| Mar 04 2020 | Argued. For June Medical Services L.L.C., et al.: Julie Rikelman, New York, N. Y. For Stephen Russo, Interim Secretary, Louisiana Department of Health and Hospitals: Elizabeth Murrill, Solicitor General, Baton Rouge, La.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED. |
| Jun 29 2020 | Judgment REVERSED. Breyer, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined, in which Thomas, J., joined except as to Parts III–C and IV–F, and in which Kavanaugh, J., joined as to Parts I, II, and III. Gorsuch, J., and Kavanaugh, J., filed dissenting opinions. VIDED. |
| Jul 31 2020 | JUDGMENT ISSUED. |
