FDA v. Alliance for Hippocratic Medicine, 602 U.S. ___ (2024)
In 2000, the Food and Drug Administration (FDA) approved the use of mifepristone tablets, marketed under the brand name Mifeprex, for terminating pregnancies up to seven weeks. The FDA imposed additional restrictions on the drug's use and distribution, including requiring doctors to prescribe or supervise the prescription of Mifeprex and requiring patients to have three in-person visits with the doctor to receive the drug. In 2016, the FDA relaxed some of these restrictions, and in 2021, it announced that it would no longer enforce the initial in-person visit requirement. Four pro-life medical associations and several individual doctors moved for a preliminary injunction that would require the FDA to either rescind approval of mifepristone or rescind the FDA’s 2016 and 2021 regulatory actions.
The District Court agreed with the plaintiffs and effectively enjoined the FDA's approval of mifepristone, ordering it off the market. The FDA and Danco Laboratories, which sponsors Mifeprex, appealed and moved to stay the District Court’s order pending appeal. The Supreme Court ultimately stayed the District Court’s order pending the disposition of proceedings in the Fifth Circuit and the Supreme Court. On the merits, the Fifth Circuit held that plaintiffs had standing and concluded that plaintiffs were unlikely to succeed on their challenge to FDA’s 2000 and 2019 drug approvals, but were likely to succeed in showing that FDA’s 2016 and 2021 actions were unlawful. The Supreme Court granted certiorari with respect to the 2016 and 2021 FDA actions.
The Supreme Court of the United States held that the plaintiffs lack Article III standing to challenge the FDA’s actions regarding the regulation of mifepristone. The Court found that the plaintiffs, who are pro-life and oppose elective abortion, have sincere legal, moral, ideological, and policy objections to mifepristone being prescribed and used by others. However, because the plaintiffs do not prescribe or use mifepristone, they are unregulated parties who seek to challenge the FDA’s regulation of others. The Court concluded that the plaintiffs' theories of causation were insufficient to establish Article III standing. The Court reversed the judgment of the Fifth Circuit and remanded the case for further proceedings consistent with its opinion.
Sincere legal, moral, ideological, and policy objections to elective abortion and to the FDA’s relaxed regulation of an abortion drug alone do not establish a justiciable case or controversy in federal court.
SUPREME COURT OF THE UNITED STATES
Syllabus
FOOD AND DRUG ADMINISTRATION et al. v. ALLIANCE FOR HIPPOCRATIC MEDICINE et al.
certiorari to the united states court of appeals for the fifth circuit
No. 23–235. Argued March 26, 2024—Decided June 13, 2024[1]
In 2000, the Food and Drug Administration approved a new drug application for mifepristone tablets marketed under the brand name Mifeprex for use in terminating pregnancies up to seven weeks. To help ensure that Mifeprex would be used safely and effectively, FDA placed additional restrictions on the drug’s use and distribution, for example requiring doctors to prescribe or to supervise prescription of Mifeprex, and requiring patients to have three in-person visits with the doctor to receive the drug. In 2016, FDA relaxed some of these restrictions: deeming Mifeprex safe to terminate pregnancies up to 10 weeks; allowing healthcare providers, such as nurse practitioners, to prescribe Mifeprex; and approving a dosing regimen that required just one in-person visit to receive the drug. In 2019, FDA approved an application for generic mifepristone. In 2021, FDA announced that it would no longer enforce the initial in-person visit requirement. Four pro-life medical associations and several individual doctors moved for a preliminary injunction that would require FDA either to rescind approval of mifepristone or to rescind FDA’s 2016 and 2021 regulatory actions. Danco Laboratories, which sponsors Mifeprex, intervened to defend FDA’s actions.
The District Court agreed with the plaintiffs and in effect enjoined FDA’s approval of mifepristone, thereby ordering mifepristone off the market. FDA and Danco appealed and moved to stay the District Court’s order pending appeal. As relevant here, this Court ultimately stayed the District Court’s order pending the disposition of proceedings in the Fifth Circuit and this Court. On the merits, the Fifth Circuit held that plaintiffs had standing. It concluded that plaintiffs were unlikely to succeed on their challenge to FDA’s 2000 and 2019 drug approvals, but were likely to succeed in showing that FDA’s 2016 and 2021 actions were unlawful. This Court granted certiorari with respect to the 2016 and 2021 FDA actions.
Held: Plaintiffs lack Article III standing to challenge FDA’s actions regarding the regulation of mifepristone. Pp. 5–25.
(a) Article III standing is a “bedrock constitutional requirement that this Court has applied to all manner of important disputes.” United States v. Texas, 599 U.S. 670, 675. Standing is “built on a single basic idea—the idea of separation of powers.” Ibid. Article III confines the jurisdiction of federal courts to “Cases” and “Controversies.” Federal courts do not operate as an open forum for citizens “to press general complaints about the way in which government goes about its business.” Allen v. Wright, 468 U.S. 737, 760. To obtain a judicial determination of what the governing law is, a plaintiff must have a “personal stake” in the dispute. TransUnion LLC v. Ramirez, 594 U.S. 413, 423.
To establish standing, a plaintiff must demonstrate (i) that she has suffered or likely will suffer an injury in fact, (ii) that the injury likely was caused or will be caused by the defendant, and (iii) that the injury likely would be redressed by the requested judicial relief. See Summers v. Earth Island Institute, 555 U.S. 488, 493. The two key questions in most standing disputes are injury in fact and causation. By requiring the plaintiff to show an injury in fact, Article III standing screens out plaintiffs who might have only a general legal, moral, ideological, or policy objection to a particular government action. Causation requires the plaintiff to establish that the plaintiff ’s injury likely was caused or likely will be caused by the defendant’s conduct. Causation is “ordinarily substantially more difficult to establish” when (as here) a plaintiff challenges the government’s “unlawful regulation (or lack of regulation) of someone else.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560–561. That is because unregulated parties often may have more difficulty linking their asserted injuries to the government’s regulation (or lack of regulation) of someone else. Pp. 5–12.
(b) Plaintiffs are pro-life, oppose elective abortion, and have sincere legal, moral, ideological, and policy objections to mifepristone being prescribed and used by others. Because plaintiffs do not prescribe or use mifepristone, plaintiffs are unregulated parties who seek to challenge FDA’s regulation of others. Plaintiffs advance several complicated causation theories to connect FDA’s actions to the plaintiffs’ alleged injuries in fact. None of these theories suffices to establish Article III standing. Pp. 13–24.
(1) Plaintiffs first contend that FDA’s relaxed regulation of mifepristone may cause downstream conscience injuries to the individual doctors. Even assuming that FDA’s 2016 and 2021 changes to mifepristone’s conditions of use cause more pregnant women to require emergency abortions and that some women would likely seek treatment from these plaintiff doctors, the plaintiff doctors have not shown that they could be forced to participate in an abortion or provide abortion-related medical treatment over their conscience objections. Federal conscience laws definitively protect doctors from being required to perform abortions or to provide other treatment that violates their consciences. Federal law protects doctors from repercussions when they have “refused” to participate in an abortion. §300a–7(c)(1). The plaintiffs have not identified any instances where a doctor was required, notwithstanding conscience objections, to perform an abortion or to provide other abortion-related treatment that violated the doctor’s conscience since mifepristone’s 2000 approval. Further, the Emergency Medical Treatment and Labor Act (or EMTALA) neither overrides federal conscience laws nor requires individual emergency room doctors to participate in emergency abortions. Thus, there is a break in any chain of causation between FDA’s relaxed regulation of mifepristone and any asserted conscience injuries to the doctors. Pp. 14–17.
(2) Plaintiffs next assert they have standing because FDA’s relaxed regulation of mifepristone may cause downstream economic injuries to the doctors. The doctors cite various monetary and related injuries that they will allegedly suffer as a result of FDA’s actions—in particular, diverting resources and time from other patients to treat patients with mifepristone complications; increasing risk of liability suits from treating those patients; and potentially increasing insurance costs. But the causal link between FDA’s regulatory actions in 2016 and 2021 and those alleged injuries is too speculative, lacks support in the record, and is otherwise too attenuated to establish standing. Moreover, the law has never permitted doctors to challenge the government’s loosening of general public safety requirements simply because more individuals might then show up at emergency rooms or in doctors’ offices with follow-on injuries. Citizens and doctors who object to what the law allows others to do may always take their concerns to the Executive and Legislative Branches and seek greater regulatory or legislative restrictions. Pp. 18–21.
(3) Plaintiff medical associations assert their own organizational standing. Under the Court’s precedents, organizations may have standing “to sue on their own behalf for injuries they have sustained,” Havens Realty Corp. v. Coleman, 455 U.S. 363, 379, n. 19, but organizations must satisfy the usual standards for injury in fact, causation, and redressability that apply to individuals, id., at 378–379. According to the medical associations, FDA has “impaired” their “ability to provide services and achieve their organizational missions.” Brief for Respondents 43. That argument does not work to demonstrate standing. Like an individual, an organization may not establish standing simply based on the “intensity of the litigant’s interest” or because of strong opposition to the government’s conduct, Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 486. The plaintiff associations therefore cannot establish standing simply because they object to FDA’s actions. The medical associations claim to have standing based on their incurring costs to oppose FDA’s actions. They say that FDA has “caused” the associations to conduct their own studies on mifepristone so that the associations can better inform their members and the public about mifepristone’s risks. Brief for Respondents 43. They contend that FDA has “forced” the associations to “expend considerable time, energy, and resources” drafting citizen petitions to FDA, as well as engaging in public advocacy and public education, all to the detriment of other spending priorities. Id., at 44. But an organization that has not suffered a concrete injury caused by a defendant’s action cannot spend its way into standing simply by expending money to gather information and advocate against the defendant’s action. Contrary to what the medical associations contend, the Court’s decision in Havens Realty Corp. v. Coleman does not stand for the expansive theory that standing exists when an organization diverts its resources in response to a defendant’s actions. Havens was an unusual case, and this Court has been careful not to extend the Havens holding beyond its context. So too here.
Finally, it was suggested that plaintiffs must have standing because otherwise it may be that no one would have standing to challenge FDA’s 2016 and 2021 actions. That suggestion fails because the Court has long rejected that kind of argument as a basis for standing. The “assumption” that if these plaintiffs lack “standing to sue, no one would have standing, is not a reason to find standing.” Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208, 227. Rather, some issues may be left to the political and democratic processes. Pp. 21–24.
78 F. 4th 210, reversed and remanded.
Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED. |
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. |
Motion for leave to file amicus brief out of time filed by Charlotte Lozier Institute GRANTED. VIDED. |
Motion for divided argument filed by the Solicitor General GRANTED. VIDED. |
Reply of Federal Petitioners filed. VIDED. (Distributed) |
Reply of petitioners Danco Laboratories, LLC filed. VIDED. (Distributed) |
Reply of Danco Laboratories, LLC submitted. |
Motion for leave to file amicus brief out of time filed by Charlotte Lozier Institute. VIDED. (Distributed) |
Motion of Charlotte Lozier Institute for leave to file amicus brief submitted. |
Amicus brief of Stanton International submitted. |
Amicus brief of Women Injured By Abortion submitted. |
Amicus brief of Former U.S. Attorney General Edwin Meese III submitted. |
Amicus brief of Heartbeat International submitted. |
Amicus brief of Susan B. Anthony Pro-Life America, United States Conference of Catholic Bishops, Catholic Health Care Leadership Alliance, The National Catholic Bioethics Center, Catholic Bar Association, Coalition for Jewish Values, Catholic Benefits Association, Christ Medicus Foundation, and Texas Conference of Catholic Bishops. submitted. |
Amicus brief of Dr. Calum Miller submitted. |
Amicus brief of Family Research Council and Martha Shuping, M.D. not accepted for filing. (March 01, 2024) (corrected efiling to be submitted) |
Amicus brief of Judicial Watch, Inc. submitted. |
Amicus brief of Human Coalition, the Ethics and Religious Liberty Commission, and the National Association of Evangelicals submitted. |
Motion for divided argument filed by the Solicitor General. VIDED. |
Brief amicus curiae of Judicial Watch, Inc. filed. VIDED. (Distributed) |
Brief amici curiae of National Hispanic Leadership Conference, et al. filed. VIDED. (Distributed) |
Amicus brief of United States Medical Association submitted. |
Amicus brief of National Hispanic Leadership Conference; Frederick Douglas Foundation submitted. |
Amicus brief of Advancing American Freedom, Inc. submitted. |
Amicus brief of Southeastern Legal Foundation and Texas Public Policy Foundation submitted. |
Motion of US Food and Drug Administration, et al. for leave to participate in oral argument and for divided argument submitted. |
Amicus brief of Family Research Council and Martha Shuping, M.D. submitted. |
Amicus brief of Gianina Cazan-London MD, Melissa Halvorson MD, and Wagner Faith & Freedom Center submitted. |
Amicus brief of The Prolife Center at the University of St. Thomas (MN) submitted. |
Amicus brief of Operation Rescue and West Virginians for Life submitted. |
Amicus brief of 145 Members of Congress submitted. |
Amicus brief of Robertson Center for Constitutional Law submitted. |
Amicus brief of Americans United for Life submitted. |
Amicus brief of Mississippi, et al. submitted. |
Amicus brief of Life Legal Defense Foundation submitted. |
Amicus brief of Democrats for Life of America submitted. |
Amicus brief of The Elliot Institute, Rachel's Vineyard, and Entering Canaan Ministry submitted. |
Brief amici curiae of 145 Members of Congress filed. VIDED. (Distributed) |
Amicus brief of Missouri, Idaho, and Kansas submitted. |
Amicus brief of Dr. Grazie Pozo Christie and The Catholic Association Foundation submitted. |
Amicus brief of Mountain States Legal Foundation submitted. |
Brief amicus curiae of The Prolife Center at the University of St. Thomas (MN) filed. VIDED. (Distributed) |
Brief amici curiae of Former U.S. Department of Health and Human Services, et al. filed. VIDED. |
Brief amici curiae of The Elliot Institute, et al. filed. VIDED. (Distributed) |
Amicus brief of Susan B. Anthony Pro-Life America, et al. submitted. |
Brief amici curiae of Mississippi, et al. filed. VIDED. (Distributed) |
Brief amicus curiae of Life Legal Defense Foundation filed. VIDED. (Distributed) |
Brief amici curiae of Operation Rescue and West Virginians for Life filed. VIDED. (Distributed) |
Amicus brief of Family Research Council and Martha Shuping, M.D. not accepted for filing. (March 01, 2024--corrected efiling to be submitted.) |
Brief amici curiae of Family Research Council, et al. filed. VIDED. (Distributed) |
Brief amici curiae of Gianina Cazan-London MD, et al. filed. VIDED. (Distributed) |
Brief amicus curiae of Stanton International filed. VIDED. (Distributed) |
Brief amicus curiae of Democrats for Life of America filed. VIDED. (Distributed) |
Brief amici curiae of Susan B. Anthony Pro-Life America, et al. filed. VIDED. (Distributed) |
Brief amici curiae of Human Coalition, et al. filed. VIDED. (Distributed) |
Brief amici curiae of Former U.S. Department of Health and Human Services Officials, et al. filed. VIDED. |
Brief amicus curiae of Heartbeat International filed. VIDED. (Distributed) |
Brief amicus curiae of Dr. Calum Miller filed. VIDED. (Distributed) |
Brief amicus curiae of Former U.S. Attorney General Edwin Meese III filed. VIDED. (Distributed) |
Brief amici curiae of Missouri, et al. filed. VIDED. (Distributed) |
Brief amici curiae of Southeastern Legal Foundation and Texas Public Policy Foundation filed. VIDED. (Distributed) |
Brief amici curiae of Dr. Grazie Pozo Christie and The Catholic Association Foundation filed. VIDED. (Distributed) |
Amicus brief of Former U.S. Department of Health and Human Services, U.S. Food and Drug Administration, and White House Officials submitted. |
Brief amici curiae of Human Coalition, the Ethics and Religious Liberty Commission, and the National Association of Evangelicals filed. VIDED. (Distributed) |
Brief amicus curiae of United States Medical Association filed. VIDED. (Distributed) |
Brief amicus curiae of Americans United for Life filed. VIDED. (Distributed) |
Brief amicus curiae of Robertson Center for Constitutional Law filed. VIDED. (Distributed) |
Brief amici curiae of Women Injured by Abortion filed. VIDED. (Distributed) |
Brief amici curiae of Advancing American Freedom, Inc., et al. filed. VIDED. (Distributed) |
Brief amicus curiae of Mountain States Legal Foundation filed. VIDED. (Distributed) |
Amicus brief of Jewish Coalition for Religious Liberty submitted. |
Amicus brief of Business Leaders submitted. |
Amicus brief of Women and Families Harmed by Mifepristone and Former Abortion Providers submitted. |
Amicus brief of Priests for Life submitted. |
Amicus brief of Family Policy Alliance and State Family Policy Councils submitted. |
Amicus brief of Ethics and Public Policy Center submitted. |
Amicus brief of Secretary David L. Bernhardt submitted. |
Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed. VIDED. (Distributed) |
Brief amici curiae of Business Leaders filed. VIDED. (Distributed) |
Amicus brief of Women and Families Harmed by Mifepristone and Former Abortion Providers submitted. |
Brief amici curiae of Women and Families Harmed by Mifepristone, et al. filed. VIDED. (Distributed) |
Brief amicus curiae of Priests for Life filed. VIDED. (Distributed) |
Brief amicus curiae of Secretary David L. Bernhardt filed. VIDED. (Distributed) |
Brief amicus curiae of Ethics and Public Policy Center filed. VIDED. (Distributed) |
Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED. (Distributed) |
Brief amicus curiae of Students for Life of America filed. VIDED. (Distributed) |
Brief amicus curiae of Dr. Allan Sawyer filed. VIDED. (Distributed) |
Brief amici curiae of World Faith Foundation and Institute for Faith and Family filed. VIDED. (Distributed) |
Brief amicus curiae of American Center for Law & Justice filed. VIDED. (Distributed) |
Brief of Alliance for Hippocratic Medicine, et al. submitted. |
Brief of respondents Alliance for Hippocratic Medicine, et al. filed. VIDED. (Distributed) |
Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere DENIED. |
Motion for leave to file amici brief filed by Former Commissioners of the U.S. Food and Drug Administration GRANTED. |
Motion for leave to intervene filed by Missouri, et al. DENIED. |
Motion for leave to file amicus brief filed by American Bar Association DENIED. |
Motion for leave to file amicus brief out of time filed by American Bar Association DENIED. |
Motion for leave to file amici brief out of time filed by Former Commissioners of the U.S. Food and Drug Administration GRANTED. |
CIRCULATED |
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER. |
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. |
Sealed record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk. |
Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk. |
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. |
Reply in support of motion of Missouri, et al. to intervene filed. (Distributed) |
Reply of States of Missouri, Idaho, Kansas submitted. |
Amicus brief of AMERICAN BAR ASSOCIATION submitted. |
Motion for leave to file amicus brief out of time filed by American Bar Association. VIDED. |
Motion for leave to file amicus brief out of time filed by American Bar Association. VIDED. |
Motion for leave to file amicus brief filed by American Bar Association. VIDED. |
Response of US Food and Drug Administration, et al. to motion submitted. |
Amicus brief of Former Commissioners of the U.S. Food and Drug Administration submitted. |
Response in opposition to motion for leave to intervene from petitioners US Food and Drug Administration, et al. filed. VIDED. (Distributed) |
Response in opposition to motion of Missouri, et al. for leave to intervene from petitioner Danco Laboratories, LLC filed. VIDED (Distributed) |
Response in opposition to motion for leave to intervene from petitioner Danco Laboratories, LLC filed. VIDED (Distributed) |
Response to motion from petitioners US Food and Drug Administration, et al. filed. VIDED. |
Response of Danco Laboratories, LLC to motion submitted. |
Motion for leave to file amici brief out of time filed by Former Commissioners of the U.S. Food and Drug Administration. VIDED. |
Response in opposition to motion of Missouri, et al. for leave to intervene from petitioners US Food and Drug Administration, et al. filed. VIDED. (Distributed) |
Record requested from the United States Court of Appeals for the Fifth Circuit. |
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. |
Motion DISTRIBUTED for Conference of 2/16/2024. |
Amicus brief of Physicians for Reproductive Health submitted. |
Amicus brief of AMERICAN CIVIL LIBERTIES UNION, CENTER FOR REPRODUCTIVE RIGHTS, AND LAWYERING PROJECT submitted. |
Brief amici curiae of Reproductive Freedom Alliance filed. VIDED |
Amicus brief of Local Governments and Local Government Leaders submitted. |
Amicus brief of Pharmaceutical Research and Manufacturers of America submitted. |
Amicus brief of 263 Members of Congress submitted. |
Amicus brief of Honeybee Health, Inc. submitted. |
Amicus brief of Association of American Medical Colleges submitted. |
Amicus brief of AANHPI, Black, and Immigrant Women's Organizations submitted. |
Amicus brief of : NATIONAL COUNCIL OF JEWISH WOMEN, RELIGIOUS COALITION FOR REPRODUCTIVE CHOICE, INTERFAITH VOICES FOR REPRODUCTIVE JUSTICE, CATHOLICS FOR CHOICE, UNITARIAN UNIVERSALIST ASSOCIATION, MUSLIMS FOR PROGRESSIVE VALUES, HINDUS FOR HUMAN RIGHTS, AND 27 OTHER FAITH-BASED ORGANIZATIONS submitted. |
Brief amicus curiae of Physicians for Reproductive Health filed. VIDED. |
Brief amici curiae of AMERICAN CIVIL LIBERTIES UNION, et al. filed. VIDED. |
Amicus brief of New York, Arizona, California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin, and the District of Columbia submitted. |
Amicus brief of Disability Rights Education & Defense Fund, et al. submitted. |
Amicus brief of Professor F. Andrew Hessick submitted. |
Amicus brief of Former U.S. Department of Justice Officials submitted. |
Amicus brief of Women Who Have Obtained Medication Abortion Via Telemedicine submitted. |
Amicus brief of GenBioPro, Inc. submitted. |
Amicus brief of Religious Coalition for Reproductive Choice, Interfaith Alliance, Catholics for Choice, National Council of Jewish Women, Unitarian Universalist Association, Muslims for Progressive Values, Hindus for Human Rights, and 16 Other Faith-Based Organizations submitted. |
Amicus brief of 237 Reproductive Health, Rights, and Justice Organizations submitted. |
Amicus brief of The Freedom from Religion Foundation and American Atheists submitted. |
Amicus brief of FDA Law Scholars submitted. |
Amicus brief of Legal Voice, the National Domestic Violence Hotline, Sexual Violence Law Center, Washington Coalition Against Domestic Violence, Coalition Ending Gender Based Violence, the Asian Pacific Institute on Gender Based Violence, and Sanctuary for Families submitted. |
Amicus brief of The City of New York and NYC Health + Hospitals, The County of Santa Clara, and Four Other Local Jurisdictions submitted. |
Amicus brief of Doctors for America and The Reproductive Health Coalition submitted. |
Amicus brief of Public Citizen; Center for Science in the Public Interest submitted. |
Amicus brief of American College of Obstetricians and Gynecologists, et al. submitted. |
Amicus brief of Over 300 Reproductive Health Researchers submitted. |
Amicus brief of Pharmaceutical Companies, Executives, and Investors submitted. |
Amicus brief of Reproductive Freedom Alliance submitted. |
Amicus brief of Medical Students for Choice submitted. |
Amicus brief of 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 submitted. |
Amicus brief of Former Military Officials, Civilian National Security Leaders, and Vet Voice Foundation submitted. |
Amicus brief of Women's Bar Association of the District of Columbia submitted. |
Amicus brief of Patient and Provider Advocacy Organizations submitted. |
Amicus brief of NAACP Legal Defense & Educational Fund, Inc. submitted. |
Amicus brief of American Psychological Association, National Association of Social Workers submitted. |
Amicus brief of Over 600 State Legislators submitted. |
Amicus brief of Professors David S. Cohen and Rachel Rebouché submitted. |
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (Feb. 6, 2024) filed. |
Brief amicus curiae of Honeybee Health, Inc. filed. VIDED. |
Brief amici curiae of Disability Rights Education & Defense Fund, et al. filed. VIDED. |
Brief amici curiae of New York, et al. filed. VIDED. |
Brief amici curiae of Food and Drug Law Scholars filed. VIDED. |
Brief amici curiae of Former U.S. Department of Justice Officials filed. VIDED. |
Brief amici curiae of Women Who Have Obtained Medication Abortion Via Telemedicine filed. VIDED. |
Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED. |
Brief amicus curiae of Association of American Medical Colleges filed. VIDED. |
Brief amicus curiae of Professor F. Andrew Hessick filed. VIDED. |
Brief amici curiae of Former Military Officials, Civilian National Security Leaders, et al. filed. |
Brief amici curiae of Public Citizen; et al. filed. |
Brief amici curiae of Public Citizen, et al. filed. VIDED. |
Brief amici curiae of 237 Reproductive Health, Rights, and Justice Organizations filed. VIDED. |
Brief amici curiae of Over 300 Reproductive Health Researchers filed.(Feb. 28, 2024) VIDED. (Distributed) |
Brief amici curiae of Former Military Officials, Civilian National Security Leaders, et al. filed. VIDED. |
Amicus brief of Over 300 Reproductive Health Researchers submitted. |
Application (23A712) to file respondents' brief on the merits in excess of the word limit, submitted to Justice Alito. |
Brief amici curiae of American Civil Liberties Union Foundation, et al. filed. VIDED. |
Brief amici curiae of Freedom from Religion Foundation, et al. filed. VIDED. |
Brief amici curiae of Public Citizen, et al. filed. |
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (Feb. 6, 2024) filed. VIDED. |
Brief amici curiae of The Freedom from Religion Foundation, et al. filed. VIDED. |
Brief amici curiae of Legal Voice, the National Domestic Violence Hotline, et al. filed. VIDED. |
Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED. |
Brief amici curiae of FDA Law Scholars filed. VIDED. |
Brief amicus curiae of AANHPI, Black, and Immigrant Women's Organizations filed. |
Brief amici curiae of Doctors for America and The Reproductive Health Coalition filed. VIDED. |
Brief amici curiae of 263 Members of Congress filed. VIDED. |
Brief amici curiae of The City of New York and NYC Health + Hospitals, et al. filed. VIDED. |
Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. |
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. |
Brief amicus curiae of Women's Bar Association of the District of Columbia filed. VIDED. |
Brief amici curiae of American Psychological Association, et al. filed. VIDED. |
Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED. |
Brief amici curiae of National Council of Jewish Women, et al. filed. VIDED. |
Brief amicus curiae of GenBioPro, Inc. filed. VIDED. |
Brief amicus curiae of Medical Students for Choice filed. VIDED. |
Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED. |
Brief amici curiae of Over 640 State Legislators filed. VIDED. |
Brief amici curiae of Professors David S. Cohen, et al. filed. VIDED. |
SET FOR ARGUMENT on Tuesday, March 26, 2024. VIDED. |
Motion for Joinder of Putative Appellees of Americans En Ventre Sa Mere submitted. |
Joint Appendix submitted. |
Brief of Danco Laboratories, LLC submitted. |
Brief of Federal Petitioners filed. VIDED |
Brief of US Food and Drug Administration, et al. submitted. |
Joint appendix (2 volumes) filed. VIDED. |
Joint appendix filed.(Volumes I and II) VIDED. |
Brief of petitioner Danco Laboratories, LLC filed. VIDED |
Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere. VIDED. |
Motion Notice of Intervention and Motion of Missouri, et al. to Intervene filed by Missouri, et al. |
Notice of Intervention and Motion of Missouri, Idaho and Kansas to Intervene of States of Missouri, Idaho, Kansas submitted. |
Motion for leave to intervene filed by Missouri, et al. VIDED. |
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.” |
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. |
DISTRIBUTED for Conference of 12/8/2023. |
Reply of petitioners US Food and Drug Administration, et al. filed. (Distributed) |
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
Brief of respondents Alliance for Hippocratic Medicine, et al. in opposition filed. VIDED. |
Brief amici curiae of Over 600 State Legislators filed. VIDED. |
Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED. |
Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED. |
Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED. |
Brief amici curiae of Food and Drug Law Scholars filed. VIDED. |
Brief amicus curiae of GenBioPro, Inc. filed. VIDED. |
Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. |
Brief amici curiae of New York, et al. filed. VIDED. |
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. VIDED. |
Brief amici curiae of Religious Coalition for Reproductive Choice, et al. filed. (10/26/23) VIDED. |
Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED. |
Brief amici curiae of Doctors for America and The Reproductive Health Coalition filed. VIDED. |
Brief amici curiae of The City of New York, et al. filed. VIDED. |
Brief amici curiae of 257 Members of Congress filed. VIDED. |
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. |
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2023. |
Application (23A300) to file consolidated brief in opposition in excess of word limits, submitted to Justice Alito. |
Motion to extend the time to file a response from October 12, 2023 to November 9, 2023, submitted to The Clerk. |
Petition for a writ of certiorari filed. (Response due October 12, 2023) |