Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania

Consolidated with:

Trump v. Pennsylvania

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-431	3rd Cir.	May 6, 2020	Jul 8, 2020	7-2	Thomas	OT 2019

Holding: The Departments of Health and Human Services, Labor and the Treasury had authority under the Affordable Care Act to promulgate rules exempting employers with religious or moral objections from providing contraceptive coverage to their employees.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Thomas on July 8, 2020. Justice Alito filed a concurring opinion, in which Justice Gorsuch joined. Justice Kagan filed an opinion concurring in the judgment, in which Justice Breyer joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

SCOTUSblog Coverage

Live blog of opinions (Update: Completed) (Kalvis Golde, July 8, 2020)
Opinion analysis: Court rejects challenge to exemptions from birth-control mandate (Amy Howe, July 8, 2020)
Educational seminar: Debrief of Little Sisters of the Poor v. Pennsylvania (Katie Bart, May 8, 2020)
Argument analysis: After marathon argument, little consensus on future of birth-control mandate exemptions (Amy Howe, May 6, 2020)
Educational seminar: Preview of Little Sisters of the Poor v. Pennsylvania (Katie Bart, May 1, 2020)
Argument preview: Justices tackle challenge to conscience exemptions from birth-control mandate (Amy Howe, April 29, 2020)
Court sets cases for May telephone arguments, will make live audio available (Amy Howe, April 13, 2020)
Court releases April calendar (Amy Howe, February 21, 2020)
Justices add three new hours of argument to calendar (Amy Howe, January 17, 2020)
Relist Watch (John Elwood, January 14, 2020)
Justices issue more orders, but no action on high-profile cases (Amy Howe, January 13, 2020)

Date	Proceedings and Orders (key to color coding)
10/01/2019	Petition for a writ of certiorari filed. (Response due November 1, 2019)
10/08/2019	Blanket Consent filed by Petitioners, The Little Sisters of the Poor Saints Peter and Paul Home.
10/22/2019	Motion to extend the time to file a response from November 1, 2019 to December 16, 2019, submitted to The Clerk.
10/23/2019	Letter of October 23, 2019 from counsel for petitioners received.
10/24/2019	Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019.
10/28/2019	Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed.
10/31/2019	Brief amicus curiae of Foundation for Moral Law filed. VIDED.
11/01/2019	Brief amici curiae of 92 Members of Congress filed. VIDED.
11/01/2019	Brief amicus curiae of Christian Legal Society filed.
11/01/2019	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
11/01/2019	Brief amici curiae of The Cato Institute filed. VIDED.
11/01/2019	Brief amicus curiae of First Liberty Institute filed.
11/05/2019	Brief amici curiae of The States Of Texas,et al. filed. VIDED. (11/5/2019)
11/05/2019	Amicus brief of The States Of Texas, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Louisiana, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, And West Virginia not accepted for filing. (November 04, 2019)(Corrected version submitted)
12/09/2019	Brief of respondents Commonwealth of Pennsylvania et al. in opposition filed.
12/20/2019	Reply of petitioner The Little Sisters of the Poor Saints Peter and Paul Home filed.
12/23/2019	DISTRIBUTED for Conference of 1/10/2020.
01/13/2020	DISTRIBUTED for Conference of 1/17/2020.
01/17/2020	Petition GRANTED. The petition for a writ of certiorari in No. 19-454 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
01/17/2020	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. 19-431. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-431. 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.”
02/20/2020	Blanket Consent filed by Federal respondents. VIDED.
02/21/2020	SET FOR ARGUMENT on Wednesday, April 29, 2020. VIDED.
02/21/2020	Blanket Consent filed by Petitioners, The Little Sisters of the Poor Saints Peter and Paul Home. VIDED.
02/21/2020	Blanket Consent filed by Respondents, Commonwealth of Pennsylvania et al. VIDED.
02/26/2020	Record requested from the U.S.C.A. 3rd Circuit.
02/27/2020	Brief amicus curiae of Foundation for Moral Law filed. VIDED.
03/02/2020	Brief of petitioner The Little Sisters of the Poor Saints Peter and Paul Home filed (in 19-431).
03/02/2020	Brief of Donald J. Trump, President of the United States, et al. filed (in 19-454).
03/02/2020	Motion for leave to dispense with printing the joint appendix in No. 19-454 filed (in 19-454).
03/02/2020	Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed. VIDED.
03/02/2020	Brief amici curiae of Inner Life Fund and Institute for Faith and Family filed. VIDED.
03/04/2020	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED.
03/05/2020	Motion for leave to dispense with printing the joint appendix in No. 19-431 filed by petitioner (in 19-431).
03/05/2020	Amicus brief of The Cato Institute not accepted for filing. (Corrected brief submitted - March 17, 2020)
03/05/2020	Brief amici curiae of The Cato Institute and Jewish Coalition for Religious Liberty filed. VIDED.
03/06/2020	Brief amicus curiae of The Catholic Benefits Association filed. VIDED.
03/09/2020	Motion to dispense with printing the joint appendix in No. 19-454 filed by petitioners GRANTED.
03/09/2020	Brief amicus curiae of March for Life Education and Defense Fund filed. VIDED
03/09/2020	Brief amicus curiae of Independent Women's Law Center filed. VIDED
03/09/2020	Brief amicus curiae of New Civil Liberties Alliance filed. VIDED
03/09/2020	Brief amici curiae of Nicholas Bagley and Samuel L. Bray filed (in 19-454).
03/09/2020	Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
03/09/2020	Brief amici curiae of Constitutional Law Scholars filed. VIDED.
03/09/2020	Brief amicus curiae of First Liberty Institute filed. VIDED.
03/09/2020	Brief amici curiae of Michael Stokes Paulsen and Kevin C. Walsh filed (in 19-431).
03/09/2020	Brief amici curiae of The International Society for Krishna Consciousness, Inc., et al. filed. VIDED.
03/09/2020	Brief amicus curiae of Christian Business Owners Supporting Religious Freedom filed (in 19-431).
03/09/2020	Brief amici curiae of 161 Members of Congress filed. VIDED.
03/09/2020	Brief amici curiae of Women Scholars filed. VIDED.
03/09/2020	Brief amici curiae of The Catholic Association Foundation, et al. filed. VIDED.
03/09/2020	Brief amici curiae of The States Of Texas, et al. filed. VIDED.
03/09/2020	Brief amicus curiae of Professor Douglas Laycock filed. VIDED.
03/09/2020	Brief amicus curiae of American Center for Law and Justice filed. VIDED
03/09/2020	Brief amicus curiae of The Knights of Columbus filed. VIDED
03/09/2020	Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
03/19/2020	CIRCULATED
03/19/2020	The record received from the U.S.C.A. 3rd Circuit has been electronically filed.
03/23/2020	Motion to dispense with printing the joint appendix in No. 19-431 filed by petitioner GRANTED.
04/01/2020	Brief of respondents Commonwealth of Pennsylvania, et al. filed. VIDED. (Distributed)
04/03/2020	ORAL ARGUMENT POSTPONED. VIDED.
04/03/2020	Brief amici curiae of CHILD USA, et al. filed. VIDED. (Distributed)
04/07/2020	Brief amici curiae of Center for Health Law & Policy Innovation of Harvard Law School, et al. filed. VIDED. (Distributed)
04/08/2020	Motion for divided argument filed by the Solicitor General. VIDED.
04/08/2020	Brief amici curiae of Professors of Civil Procedure and Federal Courts filed (in 19-454). (Distributed)
04/08/2020	Brief amici curiae of National League of Cities, United States Conference of Mayers, International City/County Management Association and International Municipal Lawyers Association filed (in 19-454). (Distributed)
04/08/2020	Brief amici curiae of Church-State Scholars filed. VIDED. (Distributed)
04/08/2020	Brief amicus curiae of The Guttmacher Institute filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of The American Civil Liberties Union, et al. filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of Administrative Law Scholars filed. VIDED. (Distributed)
04/08/2020	Brief amicus curiae of American Academy of Pediatrics filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of 186 Members of the United States Congress filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of Massachusetts, et al., filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of Catholics For Choice, et al. filed. VIDED. (Distributed)
04/08/2020	Brief amicus curiae of Yale Law School Program for the Study of Reproductive Justice filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of Professors of Criminal Law, Former State Attorneys General, and Former United States Department of Justice Officials filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of U.S. Women’s Chamber of Commerce, National Association for Female Executives and Businesses filed. VIDED. (Distributed)
04/08/2020	Brief amicus curiae of Public Citizen filed (in 19-454). (Distributed)
04/08/2020	Brief amici curiae of Lambda Legal Defense and Education Fund, Inc. and Human Rights Campaign filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of Military Historians filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of Public Interest Law Center and Five Affiliated Lawyers' Committees filed (in 19-454). (Distributed)
04/08/2020	Brief amici curiae of Phyllis C. Borzi and Daniel J. Maguire filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of Cities of Oakland, St. Paul, and 30 Additional Cities and Counties filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of The National Women’s Law Center, et al. filed. VIDED. (Distributed)
04/08/2020	Brief amicus curiae of Professor Mila Sohoni filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. (Distributed)
04/08/2020	Brief amicus curiae of Prof. Martin S. Lederman filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of Legal Scholars filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of Planned Parenthood Federation of America, et al. filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of Religious and Civil-Rights Organizations filed. VIDED. (Distributed). (Corrected brief and PDF filed).
04/08/2020	Brief amici curiae of Religious and Civil-Rights Organizations filed (April 20, 2020). VIDED. (Distributed)
04/08/2020	Brief amici curiae of Center for Inquiry, Inc., et al. filed. VIDED. (Distributed)
04/08/2020	Brief amici curiae of American Association of University Women, et al. filed. VIDED. (Distributed)
04/08/2020	Brief amicus curiae of Howard University School of Law, Civil and Human Rights Clinic filed. VIDED. (Distributed)
04/13/2020	Argument to be rescheduled for May 2020. VIDED.
04/15/2020	RESCHEDULED FOR ARGUMENT on Wednesday, May 6, 2020. VIDED.
04/20/2020	Motion of the Solicitor General for divided argument GRANTED. VIDED.
04/24/2020	Reply of petitioner The Little Sisters of the Poor Saints Peter and Paul Home filed (in 19-431). (Distributed)
04/26/2020	Reply of petitioners Donald J. Trump, et al. filed (in 19-454). (Distributed)
05/06/2020	Argued. For petitioners in 19-454: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D.C. For petitioner in 19-431: Paul D. Clement, Washington, D. C. For respondents: Michael J. Fischer, Chief Deputy Attorney General, Philadelphia, Pa. VIDED.
07/08/2020	Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed a concurring opinion, in which Gorsuch, J., joined. Kagan, J., filed an opinion concurring in the judgment, in which Breyer, J., joined. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined. VIDED.
08/10/2020	JUDGMENT ISSUED.