California v. Texas

Consolidated with:

Texas v. California

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-840	5th Cir.	Nov 10, 2020	Jun 17, 2021	7-2	Breyer	OT 2020

Holding: Plaintiffs lack standing to challenge the Patient Protection and Affordable Care Act"s minimum essential coverage provision.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Breyer on June 17, 2021. Justice Thomas filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

SCOTUSblog Coverage

Court again leaves Affordable Care Act in place (Amy Howe, June 17, 2021)
Biden administration notifies court of new position on Affordable Care Act (Amy Howe, February 10, 2021)
Argument analysis: ACA seems likely to survive, but on what ground? (Amy Howe, November 10, 2020)
Symposium: The court should not sever where the president cannot (Andy Schlafly, November 9, 2020)
A scalpel, a bulldozer and the Affordable Care Act (SCOTUStalk, November 9, 2020)
Symposium: Severability poses a high-stakes question with (what should be) an easy answer (Pratik Shah, November 9, 2020)
Symposium: Schrdingers tax is dead and the command to buy health insurance is unconstitutional (Matthew Forys, November 9, 2020)
Symposium: Enough is enough: The coverage provision is still constitutional and the court should reject this latest pretext for attacking the ACA (Brietta Clark, November 6, 2020)
Symposium: The individual plaintiffs in California v. Texas suffer a greater Article III injury than did the individual plaintiffs in NFIB v. Sebelius (Josh Blackman and Ilya Shapiro, November 5, 2020)
Symposium: No injury means no standing (Katie Keith, November 5, 2020)
Case preview: Justices will consider constitutionality of ACAs individual mandate again (Amy Howe, November 4, 2020)
Court adds extra argument time in Affordable Care Act case (James Romoser, August 24, 2020)
Justices will hear argument in ACA case one week after Election Day (Amy Howe, August 19, 2020)
Obamacare back at the court: Julie Rovner joins SCOTUStalk to preview the newest ACA challenge (SCOTUStalk, August 3, 2020)
A scalpel rather than a bulldozer: Severability is in the spotlight as the newest ACA challenge looms (Abbe R. Gluck, July 28, 2020)
Justices grant Affordable Care Act petitions (Amy Howe, March 2, 2020)
Relist Watch Select (John Elwood, February 28, 2020)
Justices to take up case involving faith-based adoption agencies and same-sex couples (Amy Howe, February 24, 2020)
Petitions of the week (Andrew Hamm, January 31, 2020)
Court will not fast-track ACA petitions (Amy Howe, January 21, 2020)
House, blue states ask justices to uphold Affordable Care Act (UPDATED) (Amy Howe, January 3, 2020)

Date	Proceedings and Orders (key to color coding)
01/03/2020	Petition for a writ of certiorari filed. (Response due February 3, 2020)
01/03/2020	Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.
01/06/2020	Response to motion requested. (Due January 10, 2020, by 4 p.m.)
01/10/2020	Blanket Consent filed by Respondent, U.S. House of Representatives.
01/10/2020	Response to motion from Federal respondents filed.
01/10/2020	Response to motion from State respondents filed.
01/10/2020	Response to motion from respondent Neill Hurley and John Nantz submitted.
01/13/2020	Reply in support of motion filed.
01/15/2020	Brief amicus curiae of America's Health Insurance Plans filed. VIDED.
01/15/2020	Brief amici curiae of National Hospital Associations filed. VIDED.
01/15/2020	Brief amici curiae of American Cancer Society et al. filed. VIDED.
01/15/2020	Motion for leave to file amici brief filed by 33 State Hospital Associations.
01/15/2020	Brief amicus curiae of Small Business Majority Foundation filed. VIDED.
01/15/2020	Brief amici curiae of AARP, et al. filed. VIDED.
01/15/2020	Brief amicus curiae of Bipartisan Economic Scholars filed. VIDED.
01/16/2020	Brief amici curiae of Alliance of Community Health Plans and Association for Community Affiliated Plans filed. VIDED.
01/17/2020	Brief amicus curiae of Jeremy C. Doerre filed. VIDED
01/21/2020	Motion to expedite consideration filed by petitioner DENIED.
01/21/2020	Motion to extend the time to file a response from February 3, 2020 to March 17, 2020, submitted to The Clerk.
01/22/2020	Response to motion from respondent U.S. House of Representatives filed.
01/22/2020	Response to motion from petitioners California, et al. filed.
01/24/2020	Motion to extend the time to file a response to the petition for a writ of certiorari is denied.
01/31/2020	Waiver of right of respondent U.S. House of Representatives to respond filed.
01/31/2020	Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
02/03/2020	Brief of State of Texas, et al. in opposition not accepted for filing. (February 03, 2020 -- Corrected version to be submitted)
02/03/2020	Brief amicus curiae of Association of American Physicians and Surgeons filed. VIDED.
02/03/2020	Brief of respondents United States, et al. in opposition filed. VIDED
02/03/2020	Brief of respondents State of Texas, et al. in opposition filed. VIDED. (February 3, 2020)
02/03/2020	Brief of respondents Neill Hurley and John Nantz in opposition filed. VIDED.
02/05/2020	DISTRIBUTED for Conference of 2/21/2020.
02/12/2020	Reply of petitioners California, et al. filed. (Distributed)
02/18/2020	Letter of February 18, 2020 from counsel for respondent U.S. House of Representatives in support of California, et al. filed. (Distributed)
02/19/2020	Letter of February 19, 2020 from counsel for petitioner filed. (Distributed)
02/24/2020	DISTRIBUTED for Conference of 2/28/2020.
03/02/2020	Motion for leave to file amici brief filed by 33 State Hospital Associations GRANTED.
03/02/2020	Petition GRANTED. The petition for a writ of certiorari in No. 19-1019 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
03/02/2020	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. 19-840. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-840. 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."
03/19/2020	Blanket Consent filed by federal respondents United States, et al. VIDED.
03/20/2020	Blanket Consent filed by State of Texas, et al. VIDED.
03/20/2020	Blanket Consent filed by respondent U.S. House of Representative in support of California, et al. VIDED.
03/20/2020	Motion for an extension of time to file the briefs on the merits. VIDED.
04/02/2020	Motion to extend the time to file the briefs on the merits granted. Petitioners in No. 19-840 and the U.S. House of Representatives have to and including May 6, 2020, within which to file a joint appendix and opening briefs on the merits limited to the questions presented in No. 19-840. Petitioners in No. 19-1019 and the federal respondents in No. 19-840 have to and including June 25, 2020, within which to file consolidated opening briefs on the questions presented in both cases. Petitioners in No. 19-840 and the U.S. House of Representatives have to and including July 29, 2020, within which to file consolidated opening and reply briefs on the questions presented in both cases. Petitioners in No. 19-1019 have to and including August 18, 2020, within which to file a reply brief limited to Question 2 presented by the petition for certiorari in No. 19-1019. VIDED.
04/02/2020	Amicus curiae briefs in support of petitioners in No. 19-840, the U.S. House of Representatives, or in support of neither party, on the questions presented in either case are to be filed on or before May 13, 2020. Amicus curiae briefs in support of petitioners in No. 19-1019 or the federal respondents in No. 19-840 on the questions presented in either case are to be filed on or before July 2, 2020. An amicus curiae shall file only a single brief in these cases. VIDED.
04/30/2020	Brief amicus curiae of David Boyle filed. (in 19-840)
05/06/2020	Brief of respondent U.S. House of Representatives in support of California, et al. filed (in 19-840).
05/06/2020	Joint appendix filed. (Statement of cost filed.) VIDED.
05/06/2020	Brief of petitioners California, et al. filed.(in 19-840)
05/12/2020	Brief amicus curiae of Small Business Majority Foundation filed. VIDED.
05/12/2020	Brief amicus curiae of Jeremy C. Doerre filed. VIDED.
05/12/2020	Brief amicus curiae of Public Citizen, Inc. filed. VIDED.
05/13/2020	Amicus brief of Washington and Lee University School of Law Black Lung Clinic not accepted for filing. (May 14, 2020 - Corrected PDF to be submitted.)
05/13/2020	Brief amicus curiae of Washington and Lee University School of Law Black Lung Clinic filed (in 19-840).
05/13/2020	Brief amici curiae of Professors Michael C. Dorf and Martin S. Lederman filed.
05/13/2020	Brief amici curiae of Bipartisan Economic Scholars filed.
05/13/2020	Brief amici curiae of American Cancer Society et al. filed.
05/13/2020	Brief amici curiae of National Women's Law Center, et al. filed. VIDED.
05/13/2020	Brief amici curiae of Service Employees International Union, et al. filed. VIDED.
05/13/2020	Brief amicus curiae of HCA Healthcare, Inc. filed. VIDED.
05/13/2020	Brief amici curiae of Tribes and Tribal Organizations filed. VIDED.
05/13/2020	Brief amici curiae of Health Care Policy Scholars filed. VIDED.
05/13/2020	Brief amici curiae of Alliance of Community Health Plans and Association for Community Affiliated Plans filed. VIDED.
05/13/2020	Brief amici curiae of Public Health Experts, et al. filed. VIDED.
05/13/2020	Brief amici curiae of National Hospital Associations filed. VIDED.
05/13/2020	Brief amicus curiae of Patient-Centered Outcomes Research Institute filed. VIDED.
05/13/2020	Brief amici curiae of 44 Counties, Cities, and Towns and California State Association of Counties filed. (in 19-840)
05/13/2020	Brief amici curiae of First Focus on Children and The Children's Partnership filed. VIDED.
05/13/2020	Brief amicus curiae of The National Association of Community Health Centers filed. VIDED.
05/13/2020	Brief amicus curiae of America's Health Insurance Plans filed. VIDED.
05/13/2020	Brief amici curiae of 47 Members of the United States Senate filed. VIDED.
05/13/2020	Brief amici curiae of Walter Dellinger, Douglas Laycock, Christopher Schroeder filed. VIDED.
05/13/2020	Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. VIDED.
05/13/2020	Brief amici curiae of States of Ohio and Montana in support of neither party filed. VIDED.
05/13/2020	Brief amici curiae of American Medical Association, et al. filed. (in 19-840)
05/13/2020	Brief amici curiae of Samuel L. Bray, Michael W. McConnell, and Kevin C. Walsh filed. VIDED.
05/13/2020	Brief amici curiae of National Health Law Program, et al. filed. VIDED.
05/13/2020	Brief amici curiae of AARP, et al. filed. VIDED.
05/13/2020	Brief amicus curiae of Association for Accessible Medicines filed. VIDED.
05/13/2020	Brief amici curiae of Families USA, et al. filed. VIDED.
05/13/2020	Brief amici curiae of Professors Jonathan H. Adler, et al. filed. VIDED.
05/13/2020	Brief amici curiae of States of Maryland, et al. filed (in 19-840).
05/13/2020	Brief amicus curiae of The Catholic Health Association of the United States filed.
05/13/2020	Brief amici curiae of 36 State Hospital Associations filed (in 19-840).
05/13/2020	Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED.
05/13/2020	Brief amici curiae of American Association of People with Disabilities, et. al. filed. VIDED.
05/13/2020	Brief amicus curiae of American Thoracic Society filed.(in 19-840)
06/25/2020	Consolidated opening brief on the merits of State of Texas, et al. filed. VIDED
06/25/2020	Consolidated opening brief on merits of Neill Hurley and John Nantz filed. VIDED.
06/25/2020	Brief amicus curiae of Foundation for Moral Law filed. VIDED.
06/25/2020	Consolidated opening brief on the merits of Federal Respondents filed. VIDED.
06/30/2020	Motion for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument filed by Ohio and Montana. VIDED.
07/02/2020	Brief amicus curiae of American Center for Law and Justice filed. VIDED.
07/02/2020	Brief amicus curiae of Association of American Physicians and Surgeons filed. VIDED.
07/02/2020	Motion for enlargement of time for oral argument and for divided argument filed by U.S. House of Representatives. VIDED.
07/02/2020	Motion for divided argument filed by federal respondents United States, et al. VIDED.
07/02/2020	Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
07/02/2020	Brief amicus curiae of The Cato Institute filed (in 19-840).
07/02/2020	Brief amicus curiae of Landmark Legal Foundation filed. VIDED.
07/10/2020	Response in opposition of respondents Texas, et al. to motion of respondent U.S. House of Representatives in support of petitioners for enlargement of time for oral argument and for divided argument, filed. VIDED.
07/13/2020	Reply of respondent U.S. House of Representatives in support of petitioners to its motion for enlargement of time for oral argument and for divided argument, filed. VIDED.
07/29/2020	Consolidated response and reply brief of respondent U.S. House of Representatives in support of petitioners filed. VIDED.
07/29/2020	Consolidated response and reply brief of California, et al. filed. VIDED.
08/18/2020	Reply of respondents State of Texas, et al. filed. VIDED.
08/18/2020	Reply of respondents Neill Hurley and John Nantz filed. VIDED.
08/19/2020	SET FOR ARGUMENT on Tuesday, November 10, 2020. VIDED.
08/24/2020	Motion of the U.S. House of Representatives for enlargement of time for oral argument and for divided argument GRANTED. VIDED.
08/24/2020	Motion for divided argument filed by federal respondents United States, et al. GRANTED. VIDED.
08/24/2020	Motion of Ohio and Montana for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument DENIED. VIDED.
08/24/2020	The motions of the Solicitor General for divided argument and of the U.S. House of Representatives for enlargement of time for oral argument and for divided argument are granted, and the time is allotted as follows: 30 minutes for California, et al., 10 minutes for the U.S. House of Representatives, 20 minutes for the Solicitor General, and 20 minutes for Texas, et al. The motion of Ohio and Montana for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument is denied. VIDED.
08/25/2020	Letter of California, et al. filed. VIDED. (Distributed)
08/25/2020	Letter of respondent U.S. House of Representatives in support of California, et al. filed. VIDED. (Distributed)
08/31/2020	Record requested from the U.S.C.A. 5th Circuit.
08/31/2020	The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
09/02/2020	CIRCULATED
09/14/2020	Letter of Individual Respondents Hurley & Nantz filed. VIDED. (Distributed)
09/15/2020	Letter of Texas, et al. filed. VIDED. (Distributed)
11/10/2020	Argued. For California, et al.: Michael J. Mongan, Solicitor General, San Francisco, Cal. For U.S. House of Representatives: Donald B. Verrilli, Jr., Washington, D. C. For Texas, et al.: Kyle D. Hawkins, Solicitor General, Austin, Tex. For United States, et al.: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D. C. VIDED.
02/10/2021	Letter of respondents United States, et al. notifying the Court of the federal government's change in position from that presented in its brief on the merits filed in these cases. VIDED. (Distributed)
06/17/2021	Judgment REVERSED and case REMANDED. Breyer, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-840_new_5hdk.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined. VIDED.
07/19/2021	JUDGMENT ISSUED.