Danco Laboratories, L.L.C. v. Alliance for Hippocratic Medicine

Consolidated with:

Food and Drug Administration v. Alliance for Hippocratic Medicine

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
23-236	5th Cir.	Mar 26, 2024	TBD	TBD	TBD	OT 2023

Issue: (1) Whether an association can demonstrate Article III standing to enjoin a government action by arguing that some unspecified member may be injured at some future time by the challenged action; and (2) whether the U.S. Court of Appeals for the 5th Circuit erred in upholding the preliminary injunction of the Food and Drug Administration"s 2016 and 2021 actions with respect to mifepristone"s approved conditions of use based on the court"s review of an incomplete administrative record.

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Date	Proceedings and Orders (key to color coding)
09/08/2023	Petition for a writ of certiorari filed. (Response due October 12, 2023)
09/29/2023	Motion to extend the time to file a response from October 12, 2023 to November 9, 2023, submitted to The Clerk.
09/29/2023	Application (23A301) to file consolidated brief in opposition in excess of word limits, submitted to Justice Alito.
10/02/2023	Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2023.
10/07/2023	Application (23A301) 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.
10/12/2023	Brief amici curiae of Over 600 State Legislators filed. VIDED.
10/12/2023	Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED.
10/12/2023	Brief amici curiae of Food and Drug Law Scholars filed. VIDED.
10/12/2023	Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED.
10/12/2023	Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED.
10/12/2023	Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED.
10/12/2023	Brief amicus curiae of GenBioPro, Inc. filed. VIDED.
10/12/2023	Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED.
10/12/2023	Brief amici curiae of The City of New York, et al. filed. VIDED.
10/12/2023	Brief amici curiae of 257 Members of Congress filed. VIDED.
10/12/2023	Brief amici curiae of New York, et al. filed. VIDED.
10/12/2023	Brief amici curiae of Doctors for America and the Reproductive Health Coalition filed. VIDED.
10/12/2023	Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. VIDED.
10/12/2023	Brief amici curiae of Religious Coalition for Reproductive Choice, et al. filed.(10/26/23) VIDED.
11/09/2023	Brief of respondents Alliance for Hippocratic Medicine, et al. in opposition filed. VIDED.
11/15/2023	Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
11/21/2023	DISTRIBUTED for Conference of 12/8/2023.
11/21/2023	Reply of petitioner Danco Laboratories, L.L.C. filed. (Distributed)
12/13/2023	Petition GRANTED. The petition for a writ of certiorari in No. 23-235 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
12/13/2023	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. 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.”
01/29/2024	SET FOR ARGUMENT on Tuesday, March 26, 2024. VIDED.
01/31/2024	Record requested from the United States Court of Appeals for the Fifth Circuit.
02/09/2024	Sealed record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
02/13/2024	Public electronic record on appeal received from the United States District Court for the Northern District of Texas (one DVD) and available with the Clerk.
02/13/2024	Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
02/14/2024	CIRCULATED
03/26/2024	Argued. 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.
06/13/2024	Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED.
07/15/2024	Judgment Issued.
08/22/2024	Record returned to the United States District Court for the Northern District of Texas.