No. 23-235
Food and Drug Administration, et al. v. Alliance for Hippocratic Medicine, et al.
Amici (3)
Experienced Counsel
Tags: abortion abortion-medication administrative-law agency-action article-iii-standing civil-procedure fda fda-regulations mifepristone preliminary-relief standing
Latest Conference:
2023-12-08
Question Presented (from Petition)
1. Whether respondents have Article III standing to challenge FDA's 2016 and 2021 actions.
2. Whether FDA's 2016 and 2021 actions were arbitrary and capricious.
3. Whether the district court properly granted preliminary relief.
Question Presented (AI Summary)
Whether respondents have Article III standing to challenge FDA's 2016 and 2021 actions
Docket Entries
2024-08-22
Record returned to the United States District Court for the Northern District of Texas.
2024-07-15
Judgment Issued.
2024-02-20
Motion for leave to file amicus brief out of time filed by American Bar Association DENIED.
2024-02-20
Motion for leave to file amici brief out of time filed by Former Commissioners of the U.S. Food and Drug Administration GRANTED.
2024-02-20
Motion for leave to intervene filed by Missouri, et al. DENIED.
2024-02-20
Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere DENIED.
2024-02-14
CIRCULATED
2024-02-13
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.
2024-02-13
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
2024-02-09
Sealed record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
2024-02-08
Application (23A712) granted by Justice Alito to file respondents' brief on the merits in excess of the word limit provided that the brief does not exceed 18,000 words.
2024-02-06
Reply in support of motion of Missouri, et al. to intervene filed. (Distributed)
2024-01-31
Motion of Missouri, et al. for leave to intervene and motion of Gregory J. Roden, as Next Friend of Americans en ventre sa mere for leave to intervene DISTRIBUTED for Conference of 2/16/2024.
2024-01-31
Record requested from the United States Court of Appeals for the Fifth Circuit.
2024-01-30
Application (23A712) to file respondents' brief on the merits in excess of the word limit, submitted to Justice Alito.
2024-01-30
Brief amicus curiae of AANHPI, Black, and Immigrant Women's Organizations filed.
2023-12-13
Petition GRANTED. The petition for a writ of certiorari in No. 23-236 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
2023-11-21
DISTRIBUTED for Conference of 12/8/2023.
2023-11-21
Reply of petitioners US Food and Drug Administration, et al. filed. (Distributed)
2023-11-15
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-10-07
Application (23A300) 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.
2023-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2023.
2023-09-29
Motion to extend the time to file a response from October 12, 2023 to November 9, 2023, submitted to The Clerk.
2023-09-29
Application (23A300) to file consolidated brief in opposition in excess of word limits, submitted to Justice Alito.
2023-09-08
Petition for a writ of certiorari filed. (Response due October 12, 2023)
Attorneys
145 Members of Congress
Steven Henry Aden — Americans United for Life, Amicus
237 Reproductive Health, Rights, and Justice Organizations
Lindsay C. Harrison — Jenner & Block, LLP, Amicus
263 Members of Congress
Advancing American Freedom, Inc.
Alliance for Hippocratic Medicine, et al.
Erin Morrow Hawley — Alliance Defending Freedom, Respondent
American Bar Association
Mary L. Smith — Amicus
American Civil Liberties Union Foundation, et al.
American College of Obstetricians and Gynecologists, et al.
Shannon Rose Selden — Debevoise & Plimpton LLP, Amicus
American Psychological Association, National Association of Social Workers
Jessica Ring Amunson — Jenner & Block LLP, Amicus
Americans En Ventre Sa Mere
Gregory J. Roden — Amicus
Americans United for Life
Asian Americans Advancing Justice-AAJC
Association of American Medical Colleges
Business Leaders
Charlotte Lozier Institute
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Danco Laboratories, LLC
Jessica Lynn Ellsworth — Hogan Lovells US, LLP, Petitioner
Democrats for Life of America
Disability Rights Education & Defense Fund, et al.
Doctors for America and The Reproductive Health Coalition
Christopher John Morten — Columbia Law School, Amicus
Dr. Allan Sawyer
Dr. Calum Miller
Kristine Lee Brown — Attorney At Law, Amicus
Dr. Grazie Pozo Christie and The Catholic Association Foundation
Megan Marie Wold — Cooper & Kirk, PLLC, Amicus
Ethics and Public Policy Center
Family Policy Alliance and State Family Policy Councils
Randall L. Wenger — Independence Law Center, Amicus
Family Research Council and Martha Shuping, M.D.
Christopher E. Mills — Spero Law LLC, Amicus
Food and Drug Law Scholars
Former Commissioners of the U.S. Food and Drug Administration
William Barnett Schultz — Zuckerman Spaeder LLP, Amicus
Former Military Officials, Civilian National Security Leaders, and Vet Voice Foundation
Former U.S. Attorney General Edwin Meese III
David H. Thompson — Cooper & Kirk, PLLC, Amicus
Former U.S. Department of Health and Human Services, U.S. Food and Drug Administration, and White House Officials
James Ruffin Lawrence III — Envisage Law, Amicus
Former U.S. Department of Justice Officials
Freedom from Religion Foundation and American Atheists
GenBioPro, Inc.
Gianina Cazan-London MD, Melissa Halvorson MD, and Wagner Faith & Freedom Center
William Wagner — Great Lakes Justice Center, Amicus
Heartbeat International
Thomas L. Brejcha Jr. — Thomas More Society, Amicus
Brennan Tyler Brooks — Thomas More Society, Amicus
Honeybee Health, Inc.
Human Coalition, the Ethics and Religious Liberty Commission, and the National Association of Evangelicals
Jewish Coalition for Religious Liberty
Judicial Watch, Inc.
Legal Voice, the National Domestic Violence Hotline, et al.
Matthew Prairie Gordon — Perkins Cole LLP, Amicus
Life Legal Defense Foundation
Local Governments and Local Government Leaders
Jonathan B. Miller — Public Rights Project, Amicus
Medical Students for Choice
Mississippi, et al.
Missouri, Idaho, and Kansas
Mountain States Legal Foundation
NAACP Legal Defense & Educational Fund, Inc.
National Association of Nurse Practitioners in Women's Health, American College of Nurse-Midwives, American Academy of Physician Associates, and Association of Physician Associates in Obstetrics and Gynecology
National Council of Jewish Women, et al.
National Hispanic Leadership Conference; Frederick Douglas Foundation
Mathew D. Staver — Amicus
New York, et al.
Barbara Dale Underwood — Solicitor General, Amicus
Over 300 Reproductive Health Researchers
Over 600 State Legislators
Amanda Shafer Berman — Crowell & Moring LLP, Amicus
Patient and Provider Advocacy Organizations
Pharmaceutical Companies, Executives, and Investors
Eva A. Temkin — King & Spalding LLP, Amicus
Pharmaceutical Research and Manufacturers of America
David Meir Zionts — Covington & Burlington LLP, Amicus
Physicians for Reproductive Health
Priests for Life
Professor F. Andrew Hessick
F. Andrew Hessick III — Amicus
Professors David S. Cohen and Rachel Rebouché
Public Citizen; Center for Science in the Public Interest
Reproductive Freedom Alliance
Jaime Ann Santos — Goodwin Procter LLP, Amicus
Robertson Center for Constitutional Law
Secretary David L. Bernhardt
John Clay Sullivan — S|L Law PLLC, Amicus
Southeastern Legal Foundation and Texas Public Policy Foundation
Thomas Ryan McCarthy — Consovoy McCarthy PLLC, Amicus
Stanton International
Students for Life of America
William Bock III — Kroger, Gardis & Regas, LLP, Amicus
Susan B. Anthony Pro-Life America, et al.
Heather Gebelin Hacker — Hacker Stephens LLP, Amicus
The City of New York and NYC Health + Hospitals, The County of Santa Clara, and Four Other Local Jurisdictions
Richard Paul Dearing — City of New York, Amicus
The Elliot Institute, Rachel's Vineyard, and Entering Canaan Ministry
The Prolife Center at the University of St. Thomas (MN)
United States Medical Association
US Food and Drug Administration, et al.
Elizabeth B. Prelogar — Solicitor General, Petitioner
Women and Families Harmed by Mifepristone and Former Abortion Providers
Linda Boston Schlueter — Trinity Legal Center, Amicus
Women Injured by Abortion
Mary Jane Browning — The Justice Foundation, Amicus
Women Who Have Obtained Medication Abortion Via Telemedicine
Women's Bar Association of the District of Columbia
World Faith Foundation and Institute for Faith and Family
James L. Hirsen — Amicus