June Medical Services LLC v. Russo
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-1323 | 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)
- Abortion and the structure of the CFPB: Marcia Coyle joins Amy Howe to discuss last week's oral arguments (SCOTUStalk, March 12, 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)
- 2020 Supreme Court Preview presented by Casetext (part one) (SCOTUStalk, 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)
- Symposium: Party of five? Setting the table for Roe v. Wade (Melissa Murray, July 24, 2019)
- Symposium: Roe … or wait? (Corrected) (Helen Alvaré, July 24, 2019)
- Abortion providers ask Supreme Court to take up appeal (Amy Howe, April 17, 2019)
- Tom Goldstein unpacks stay in Louisiana abortion case (SCOTUStalk, March 8, 2019)
- Symposium: The “intensely factual” question of physicians’ admitting privileges (Robin Fretwell Wilson, March 8, 2019)
- Symposium: June Medical should be summarily reversed (Jonathan B. Miller, March 7, 2019)
- Symposium: On a petition that does not exist (Kyle Hawkins, March 6, 2019)
- Symposium: In the Louisiana abortion case, maybe the best defense is a good offense (Michael Dorf, March 6, 2019)
- Symposium: Undue burden, balancing test or bright line? Court should take the Louisiana admitting-privileges case to clarify the meaning of Whole Woman’s Health (Catherine Glenn Foster, March 5, 2019)
- Symposium: The rule of law is at stake -- the Supreme Court must take June Medical Services v. Gee and uphold the right to abortion (Fatima Goss Graves, March 5, 2019)
- Abortion could return to the Supreme Court: In Plain English (Amy Howe, March 5, 2019)
- OT2018 #18: "Rorschach Test" (First Mondays, February 11, 2019)
- Justices grant stay, block Louisiana abortion law from going into effect (Amy Howe, February 7, 2019)
- Justices asked to enter abortion fray (Updated) (Amy Howe, January 28, 2019)
| Date | Proceedings and Orders |
|---|---|
| Jan 28 2019 | Application (18A774) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Alito. |
| Jan 29 2019 | Response to application (18A774) requested by Justice Alito, due Thursday, January 31, 2019, by 3:00 p.m. ET. |
| Jan 31 2019 | Response to application from respondent Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals filed. |
| Feb 01 2019 | Reply of applicants June Medical Services, L.L.C., et al. filed. |
| Feb 01 2019 | Because the filings regarding the application for a stay in this matter were not completed until earlier today and the Justices need time to review these filings, the issuance of the mandate of the United States Court of Appeals for the Fifth Circuit, case No. 17-30397, is administratively stayed through Thursday, February 7, 2019. This order does not reflect any view regarding the merits of the petition for a writ of certiorari that applicants represent they will file. |
| Feb 07 2019 | Application (18A774) referred to the Court. |
| Feb 07 2019 | Application (18A774) granted by the Court. The application for a stay presented to JUSTICE ALITO and by him referred to the Court is granted, and the mandate of the United States Court of Appeals for the Fifth Circuit in case No. 17-30397 is stayed pending the timely filing and disposition of a petition for a writ of certiorari. 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 THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE KAVANAUGH would deny the application. JUSTICE KAVANAUGH, dissenting from grant of application for stay. (Detached Opinion) |
| Apr 17 2019 | Petition for a writ of certiorari filed. (Response due May 20, 2019) |
| Apr 30 2019 | Motion to extend the time to file a response from May 20, 2019 to July 19, 2019, submitted to The Clerk. |
| May 03 2019 | Motion to extend the time to file a response is granted and the time is extended to and including July 19, 2019. |
| May 20 2019 | Brief amici curiae of Former Federal Judges and Department of Justice Officials filed. |
| May 20 2019 | Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. |
| Jun 21 2019 | Brief amicus curiae of Senator Josh Hawley in support of respondent filed. VIDED. |
| Jun 24 2019 | Amicus brief of 2,556 Operation Outcry Women Injured By Abortion and The Justice Foundation not accepted for filing. (June 27, 2019) |
| Jul 19 2019 | Brief of respondent Rebekah Gee, Secretary of the Louisiana Department of Health and Hospitals in opposition filed. |
| Sep 06 2019 | Reply of petitioners June Medical Services L.L.C., et al. 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. 18-1460 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.” |
| Oct 15 2019 | Joint motion for an extension of time to file the briefs on the merits filed. VIDED. |
| Oct 22 2019 | Upon consideration of the joint motion for an extension of time to file the briefs on the merits, petitioners in No. 18-1323 shall file an opening brief limited to the questions presented in its petition on or before Monday, November 25, 2019. The brief is to bear a light blue cover and is limited to 13,000 words. Respondent in No. 18-1323 shall file a consolidated opening brief on the questions presented in both cases on or before Thursday, December 26, 2019. The brief is to bear a light red cover and is limited to 21,500 words. Petitioners in No. 18-1323 shall file consolidated opening brief and reply on or before Friday, January 17, 2020. The brief is to bear a yellow cover and is limited to 14,500 words. Respondent in No. 18-1323 shall file with the Clerk and serve upon counsel a reply brief, limited to the questions presented in its petition, on or before 2 p.m., Tuesday, February 18, 2020. The brief is to bear a tan cover and is limited to 6,000 words. Amicus curiae briefs in support of petitioners in No. 18-1323 on all or any of the questions presented, or in support of neither party, are to be filed on or before Monday, December 2, 2019. Amicus curiae briefs in support of respondent in No. 18-1323 are to be filed on or before Thursday, January 2, 2020. An amicus curiae shall file only a single brief in these cases. VIDED. |
| Oct 24 2019 | Blanket Consent filed by Petitioner, June Medical Services L.L.C., et al. VIDED |
| Nov 06 2019 | Motion for leave to file the joint appendix pursuant to Rule 33.2 filed by petitioners June Medical Services L.L.C., et al. VIDED. |
| Nov 06 2019 | Addendum to motion to file the joint appendix pursuant to Rule 33.2 (for leave to file one volume under seal) filed. (November 13, 20190. VIDED. |
| Nov 08 2019 | Blanket Consent filed by Respondent, Rebekah Gee. VIDED |
| Nov 18 2019 | Motion for leave to file the joint appendix pursuant to Rule 33.2 with one volume under seal GRANTED. |
| Nov 25 2019 | Brief of petitioners June Medical Services L.L.C., et al. filed (in 18-1323). |
| Nov 25 2019 | Joint appendix filed (7 volumes & 1 sealed volume). VIDED. |
| Nov 26 2019 | SET FOR ARGUMENT on Wednesday, March 4, 2020. VIDED. |
| Dec 02 2019 | Amicus brief of National Health Law Program, et al. not accepted for filing. (Corrected electronic version submitted). |
| Dec 02 2019 | Brief amici curiae of National Health Law Program, et al. filed. (December 3, 2019). VIDED. |
| Dec 02 2019 | Brief amicus curiae of Constitutional Accountability Center filed (in 18-1323). |
| Dec 02 2019 | Amicus brief of Organizations And Individuals Dedicated To The Fight For Reproductive Justice – Women With A Vision et al. not accepted for filing. (December 04, 2019 -- Corrected brief to be submitted) |
| Dec 02 2019 | Brief amici curiae of Organizations And Individuals Dedicated To The Fight For Reproductive Justice – Women With A Vision et al. filed. (December 5, 2019). VIDED. |
| Dec 02 2019 | Brief amici curiae of Federal Courts Scholars filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of Former Federal Judges and Department of Justice Officials filed. VIDED. |
| Dec 02 2019 | Amicus brief of LGBTQ Organizations not accepted for filing. (Corrected electronic version to be submitted - December 3, 2019). |
| Dec 02 2019 | Brief amici curiae of LGBTQ Organizations filed (in 18-1323). (December 3, 2019). VIDED. |
| Dec 02 2019 | Brief amicus curiae of American Bar Association filed. |
| Dec 02 2019 | Brief amici curiae of Ibis Reproductive Health and Other Organizations filed (in 18-1323). |
| Dec 02 2019 | Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of National Women's Law Center and 72 Additional Organizations Committed to Equality and Economic Opportunity for Women filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of Reproductive Justice Scholars filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of Social Science Researchers filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of 197 Members of Congress filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of Holly Alvarado, et al. filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of The American Civil Liberties Union and The ACLU of Louisiana filed (in 18-1323). |
| Dec 02 2019 | Brief amici curiae of Constitutional Law Scholars filed (in 18-1323). |
| Dec 02 2019 | Brief amicus curiae of Information Society Project at Yale Law School filed (in 18-1323). |
| Dec 02 2019 | Brief amici curiae of Whole Woman's Health and Whole Woman's Health Alliance filed (in 18-1460). |
| Dec 02 2019 | Brief amici curiae of Tort Law Scholars filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of If/When/How: Lawyering For Reproductive Justice, et al. filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of Michele Coleman Mayes, Claudia Hammerman, et al. filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of States of New York, et al filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of Catholics for Choice, et al. filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of Planned Parenthood Federation of America, et al. filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of Feminist Majority Foundation, et al. filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED. |
| Dec 02 2019 | Brief amici curiae of Medical Staff Professionals filed. VIDED. |
| Dec 16 2019 | Lodging proposal of amici curiae Social Science Researchers filed. VIDED. (Distributed) |
| Dec 19 2019 | Brief amicus curiae of Foundation for Moral Law filed. VIDED. |
| Dec 26 2019 | Consolidated opening brief of Rebekah Gee, Secretary, Louisiana Dept. of Health and Hospitals filed. VIDED. |
| Dec 26 2019 | Brief amicus curiae of State of Idaho filed. VIDED. |
| Dec 26 2019 | Request to lodge pursuant to Rule 32.3 of Rebekah Gee not accepted for filing. (January 09, 2020). |
| Dec 26 2019 | Motion to supplement the record and to file certain documents under seal filed by Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals. VIDED. |
| Dec 27 2019 | Brief amicus curiae of Legal Center for Defense of Life filed. |
| Dec 27 2019 | Brief amicus curiae of Thomas More Society filed. VIDED. |
| Dec 27 2019 | Brief amicus curiae of Association of American Physicians and Surgeons, Inc. filed. VIDED. |
| Dec 27 2019 | Brief amici curiae of Priests for Life and Rachel's Vineyard filed. VIDED. |
| Dec 27 2019 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED. |
| Dec 27 2019 | Brief amici curiae of Louisiana Family Forum, et al. filed. VIDED. |
| Dec 27 2019 | Brief amici curiae of Concerned Women for America & Charlotte Lozier Institute filed (in 18-1460). |
| Dec 27 2019 | Brief amicus curiae of Senator Josh Hawley filed. VIDED. |
| Dec 27 2019 | Brief amicus curiae of American Association of Pro-Life Obstetricians and Gynecologists filed. VIDED. |
| Dec 30 2019 | Brief amici curiae of US Conference of Catholic Bishops, et al. filed. VIDED. |
| Dec 30 2019 | Brief amicus curiae of State of Texas filed. VIDED. |
| Dec 30 2019 | Brief amicus curiae of Attorney Mary J. Browning filed. VIDED. |
| Dec 30 2019 | Brief amicus curiae of Family Research Council filed. VIDED. |
| Dec 30 2019 | Brief amici curiae of National Right to Life Committee, et al. filed (in 18-1323). |
| Dec 30 2019 | Brief amici curiae of Inner Life Fund and The Institute for Faith and Family filed. VIDED. |
| Dec 30 2019 | Brief amici curiae of 2,624 Women Injured By Abortion, Operation Outcry, and The Justice Foundation filed. VIDED. |
| Dec 30 2019 | Brief amici curiae of Melinda Thybault, Founder of The Moral Outcry Petition, Individually and Acting on Behalf of 264,500 Signers of The Moral Outcry Petition filed. VIDED. |
| Dec 31 2019 | Brief amici curiae of Christian Legal Society, et al. filed. VIDED. |
| Dec 31 2019 | Brief amicus curiae of African American Prolife Organizations filed. VIDED. |
| Jan 02 2020 | Amicus brief of Illinois Right to Life not accepted for filing. (To be reprinted - January 03, 2020) |
| Jan 02 2020 | Brief amicus curiae of Illinois Right to Life filed. (January 8, 2020). VIDED. |
| Jan 02 2020 | Brief amicus curiae of United States filed. VIDED |
| Jan 02 2020 | Amicus brief of International Conference of Evangelical Chaplain Endorsers not accepted for filing. (January 28, 2020). (Corrected version submitted) |
| Jan 02 2020 | Brief amicus curiae of International Conference of Evangelical Chaplain Endorsers filed (in 18-1323). (Distributed) |
| Jan 02 2020 | Brief amici curiae of States of Arkansas, Indiana, et al filed. VIDED. |
| Jan 02 2020 | Brief amici curiae of Ethics & Religious Liberty Commission and Lutheran Church-Missouri Synod filed. VIDED. |
| Jan 02 2020 | Brief amici curiae of 207 Members of Congress filed. VIDED. |
| Jan 02 2020 | Brief amicus curiae of CatholicVote.org Education Fund filed (in 18-1323). |
| Jan 02 2020 | Brief amicus curiae of The Susan B. Anthony List filed. VIDED. |
| Jan 02 2020 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. |
| Jan 02 2020 | Brief amici curiae of Operation Rescue and The National Hispanic Christian Leadership Conference filed. VIDED. |
| Jan 02 2020 | Brief amicus curiae of Independence Law Center filed. VIDED. |
| Jan 02 2020 | Brief amici curiae of Pro-Life Legal Defense Fund, et al. filed. VIDED. |
| Jan 02 2020 | Brief amicus curiae of Right to Life of Michigan filed. VIDED. |
| Jan 02 2020 | Brief amicus curiae of Americans United for Life filed. VIDED. |
| Jan 02 2020 | Brief amici curiae of Abby Johnson and Terry Beatley filed. VIDED. |
| Jan 02 2020 | Brief amici curiae of Billy Graham Evangelistic Association, et al. filed (in 18-1323). |
| Jan 02 2020 | Brief amicus curiae of Judicial Watch, Inc. filed (in 18-1460). |
| Jan 02 2020 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| Jan 02 2020 | Brief amici curiae of American Center for Law & Justice, et al. filed. VIDED. |
| Jan 02 2020 | Brief amici curiae of National Institute of Family and Life Advocates, et al. filed. VIDED. |
| Jan 02 2020 | Brief amici curiae of Former Abortion Providers; The National Association of Catholic Nurses, USA; and the Association of Catholic Bioethics Center filed (in 18-1323). (Distributed) |
| Jan 02 2020 | Brief amicus curiae of Louisiana State Legislators filed. VIDED. (Distributed) |
| Jan 02 2020 | Brief amici curiae of Samaritan's Purse, et al. filed. |
| Jan 06 2020 | Response to motion to enlarge the record from petitioners June Medical Services L.L.C., et al. filed. 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 13 2020 | Motion to supplement the record and to file certain documents under seal DISTRIBUTED for Conference of 1/17/2020. |
| Jan 16 2020 | Joint motion for an extension of time to file briefs on the merits filed. VIDED. |
| Jan 16 2020 | Joint motion to extend the time to file briefs on the merits granted. The time to file the consolidated opening brief and reply of petitioners in 18-1323 is extended to and including Friday, January 24, 2020. The reply brief of respondents in 18-1323 shall be filed pursuant to Rule 25.3. VIDED. |
| Jan 16 2020 | The record from the U.S.D.C. Middle District of Louisiana is electronic and located on PACER, with the exception of SEALED material that's electronic. |
| Jan 17 2020 | Motion of Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals, to supplement the record and to file certain documents under seal DENIED. VIDED. |
| Jan 21 2020 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED. |
| Jan 21 2020 | CIRCULATED |
| Jan 21 2020 | Consolidated opening brief (No. 18-1460) and reply (No. 18-1323) of June Medical Services L.L.C., et al. filed. VIDED. (Distributed) |
| Feb 04 2020 | Motion for leave to file amicus brief out of time filed by Foundation for Life (in 18-1323). |
| Feb 06 2020 | Letter from counsel for respondent/cross-petitioner notifying the Clerk of substitution of party filed. VIDED. |
| Feb 13 2020 | Record received from the U.S.D.C. Middle District of Louisiana, the Record on Appeals is electronically filed. |
| Feb 20 2020 | Reply of respondent Stephen Russo filed. VIDED. (Distributed) |
| Feb 24 2020 | Motion for leave to file amicus brief out of time filed by Foundation for Life DENIED. |
| 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. |
