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Food and Drug Administration v. Alliance For Hippocratic Medicine

Emergency application for stay is granted on April 4, 2023.

Docket No. Op. Below Argument Opinion Vote Author Term
22a902 5th Cir. TBD TBD TBD TBD OT 2022

Issue: Whether the Supreme Court should stay the U.S. District Court for the Northern District of Texas's order blocking the Food and Drug Administration's approval of mifepristone.

DateProceedings and Orders (key to color coding)
04/14/2023Application (22A902) for a stay, submitted to Justice Alito.
04/14/2023Order issued by Justice Alito: UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the April 7, 2023 order of the United States District Court for the Northern District of Texas, case No. 2:22-cv-223, is hereby administratively stayed until 11:59 p.m. (EDT) on Wednesday, April 19, 2023. It is further ordered that any response to the application be filed on or before Tuesday, April 18, 2023, by 12 p.m. (EDT).
04/14/2023Motion for leave to file Amicus Brief of Pharmaceutical Companies, Executives, and Investors not accepted for filing. (April 14, 2023--corrected version without motion may be submitted. See Rule 37.4)
04/14/2023Amicus brief of New York, et al. not accepted for filing. (April 20, 2023--corrected version without motion submitted. See Rule 37.4)
04/14/2023Brief amici curiae of New York, et al. filed.
04/14/2023Brief amici curiae of 253 Members of Congress filed.
04/14/2023Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
04/14/2023Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
04/14/2023Brief amici curiae of Over 200 Reproductive Health, Rights, and Justice Organizations filed.
04/14/2023Brief amici curiae of Medical and Public Health Societies filed.
04/14/2023Brief amici curiae of Doctors for America and the Reproductive Health Coalition filed.
04/14/2023Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed.
04/14/2023Brief amicus curiae of Physicians for Reproductive Health filed.
04/14/2023Brief amicus curiae of GenBioPro, Inc. filed.
04/14/2023Brief amici curiae of Former U.S. Department of Justice Officials filed.
04/14/2023Brief amici curiae of Food and Drug Law Scholars filed.
04/14/2023Brief amici curiae of Local Governments Operating Public Hospital and Health Care Systems filed.
04/15/2023Brief amici curiae of Local Governments filed.
04/17/2023Brief amici curiae of Former FDA Officials filed.
04/17/2023Brief amicus curiae of Legal Voice filed.
04/17/2023Brief amicus curiae of American Center for Law and Justice filed.
04/18/2023Response to application from respondents Alliance For Hippocratic Medicine,, et al. filed.
04/18/2023Reply of applicants Food and Drug Administration, et al. filed.
04/18/2023Brief amici curiae of Mississippi, et al. filed.
04/18/2023Brief amici curiae of Susan B. Anthony Pro-Life America, et al. filed.
04/18/2023Brief amicus curiae of Missouri filed.
04/18/2023Brief amici curiae of 147 Members of Congress filed.
04/18/2023Brief amicus curiae of Human Coalition filed.
04/18/2023Brief amicus curiae of Ethics and Public Policy Center filed.
04/18/2023Brief amici curiae of Advancing American Freedom, Inc. et al. filed.
04/18/2023Brief amicus curiae of Charlotte Lozier Institute filed.
04/18/2023Brief amici curiae of Women Injured Abortion, et al. filed.
04/19/2023Order issued by Justice Alito: UPON FURTHER CONSIDERATION of the application of counsel for the applicants, the response, and the reply filed thereto, IT IS ORDERED that the stay issued on April 14, 2023, is hereby extended until 11:59 p.m. (EDT) on Friday, April 21, 2023.
04/21/2023Application (22A902) referred to the Court.
04/21/2023Application (22A902) granted by the Court. The application for stay presented to Justice Alito and by him referred to the Court is granted. The April 7, 2023 order of the United States District Court for the Northern District of Texas, case No. 2:22-cv-223, is stayed pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas would deny the application for stay. Justice Alito dissents. (Detached Opinion)