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June Medical Services L.L.C., et al. v. Stephen Russo, Interim Secretary, Louisiana Department of Health and Hospitals

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30397 · judgment September 26, 2018

Decided · June 29, 2020

Pre-decision estimate: 9% cert probability (95% interval 6%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Consolidated with 18-1460. In Whole Woman's Health v. Hellerstedt, 136 S. Ct. 2292 (2016), this Court held that a state law requiring physicians who perform abortions to have admitting privileges at a local hospital was unconstitutional because it imposed an undue burden on women seeking abortions. The U.S. Court of Appeals for the Fifth Circuit upheld an admitting privileges law in Louisiana that is identical to the one this Court struck down. This presents the following issue: Whether the Fifth Circuit's decision upholding Louisiana's law requiring physicians who perform abortions to have admitting privileges at a local hospital conflicts with this Court's binding precedent in Whole Woman's Health.

Counsel of record

For petitioner
Travis J. Tu
The Center for Reproductive Rights

For respondent
Elizabeth Baker Murrill
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage · 70 merits
(70 supporting pet./neither)

Related
Vide, 18-1460

Argument & decision

Argued March 4, 2020 — Julie Rikelman · Elizabeth Murrill. Audio and transcript

Decided June 29, 2020. Opinion by Breyer.

Proceedings

Jul 31 2020
JUDGMENT ISSUED.
Jun 29 2020
Judgment REVERSED. Breyer, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined, in which Thomas, J., joined except as to Parts III–C and IV–F, and in which Kavanaugh, J., joined as to Parts I, II, and III. Gorsuch, J., and Kavanaugh, J., filed dissenting opinions. VIDED.
Mar 04 2020
Argued. For June Medical Services L.L.C., et al.: Julie Rikelman, New York, N. Y. For Stephen Russo, Interim Secretary, Louisiana Department of Health and Hospitals: Elizabeth Murrill, Solicitor General, Baton Rouge, La.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
Feb 24 2020
Motion for leave to file amicus brief out of time filed by Foundation for Life DENIED.
Feb 20 2020
Reply of respondent Stephen Russo filed. VIDED. (Distributed)
Feb 13 2020
Record received from the U.S.D.C. Middle District of Louisiana, the Record on Appeals is electronically filed.
Feb 06 2020
Letter from counsel for respondent/cross-petitioner notifying the Clerk of substitution of party filed. VIDED.
Feb 04 2020
Motion for leave to file amicus brief out of time filed by Foundation for Life (in 18-1323).
Jan 21 2020
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
Jan 21 2020
CIRCULATED
Jan 21 2020
Consolidated opening brief (No. 18-1460) and reply (No. 18-1323) of June Medical Services L.L.C., et al. filed. VIDED. (Distributed)
Jan 17 2020
Motion of Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals, to supplement the record and to file certain documents under seal DENIED. VIDED.
Jan 16 2020
Joint motion for an extension of time to file briefs on the merits filed. VIDED.
Jan 16 2020
Joint motion to extend the time to file briefs on the merits granted. The time to file the consolidated opening brief and reply of petitioners in 18-1323 is extended to and including Friday, January 24, 2020. The reply brief of respondents in 18-1323 shall be filed pursuant to Rule 25.3. VIDED.
Jan 16 2020
The record from the U.S.D.C. Middle District of Louisiana is electronic and located on PACER, with the exception of SEALED material that's electronic.
Jan 13 2020
Motion to supplement the record and to file certain documents under seal DISTRIBUTED for Conference of 1/17/2020.
Jan 10 2020
The record from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Jan 09 2020
Record requested from the U.S.C.A. 5th Circuit.
Jan 06 2020
Response to motion to enlarge the record from petitioners June Medical Services L.L.C., et al. filed. VIDED.
Jan 02 2020
Amicus brief of Illinois Right to Life not accepted for filing. (To be reprinted - January 03, 2020)
Jan 02 2020
Brief amicus curiae of Illinois Right to Life filed. (January 8, 2020). VIDED.
Jan 02 2020
Brief amicus curiae of United States filed. VIDED
Jan 02 2020
Amicus brief of International Conference of Evangelical Chaplain Endorsers not accepted for filing. (January 28, 2020). (Corrected version submitted)
Jan 02 2020
Brief amicus curiae of International Conference of Evangelical Chaplain Endorsers filed (in 18-1323). (Distributed)
Jan 02 2020
Brief amici curiae of States of Arkansas, Indiana, et al filed. VIDED.
Jan 02 2020
Brief amici curiae of Ethics & Religious Liberty Commission and Lutheran Church-Missouri Synod filed. VIDED.
Jan 02 2020
Brief amici curiae of 207 Members of Congress filed. VIDED.
Jan 02 2020
Brief amicus curiae of CatholicVote.org Education Fund filed (in 18-1323).
Jan 02 2020
Brief amicus curiae of The Susan B. Anthony List filed. VIDED.
Jan 02 2020
Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Jan 02 2020
Brief amici curiae of Operation Rescue and The National Hispanic Christian Leadership Conference filed. VIDED.
Jan 02 2020
Brief amicus curiae of Independence Law Center filed. VIDED.
Jan 02 2020
Brief amici curiae of Pro-Life Legal Defense Fund, et al. filed. VIDED.
Jan 02 2020
Brief amicus curiae of Right to Life of Michigan filed. VIDED.
Jan 02 2020
Brief amicus curiae of Americans United for Life filed. VIDED.
Jan 02 2020
Brief amici curiae of Abby Johnson and Terry Beatley filed. VIDED.
Jan 02 2020
Brief amici curiae of Billy Graham Evangelistic Association, et al. filed (in 18-1323).
Jan 02 2020
Brief amicus curiae of Judicial Watch, Inc. filed (in 18-1460).
Jan 02 2020
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jan 02 2020
Brief amici curiae of American Center for Law & Justice, et al. filed. VIDED.
Jan 02 2020
Brief amici curiae of National Institute of Family and Life Advocates, et al. filed. VIDED.
Jan 02 2020
Brief amici curiae of Former Abortion Providers; The National Association of Catholic Nurses, USA; and the Association of Catholic Bioethics Center filed (in 18-1323). (Distributed)
Jan 02 2020
Brief amicus curiae of Louisiana State Legislators filed. VIDED. (Distributed)
Jan 02 2020
Brief amici curiae of Samaritan's Purse, et al. filed.
Dec 31 2019
Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
Dec 31 2019
Brief amicus curiae of African American Prolife Organizations filed. VIDED.
Dec 30 2019
Brief amici curiae of US Conference of Catholic Bishops, et al. filed. VIDED.
Dec 30 2019
Brief amicus curiae of State of Texas filed. VIDED.
Dec 30 2019
Brief amicus curiae of Attorney Mary J. Browning filed. VIDED.
Dec 30 2019
Brief amicus curiae of Family Research Council filed. VIDED.
Dec 30 2019
Brief amici curiae of National Right to Life Committee, et al. filed (in 18-1323).
Dec 30 2019
Brief amici curiae of Inner Life Fund and The Institute for Faith and Family filed. VIDED.
Dec 30 2019
Brief amici curiae of 2,624 Women Injured By Abortion, Operation Outcry, and The Justice Foundation filed. VIDED.
Dec 30 2019
Brief amici curiae of Melinda Thybault, Founder of The Moral Outcry Petition, Individually and Acting on Behalf of 264,500 Signers of The Moral Outcry Petition filed. VIDED.
Dec 27 2019
Brief amicus curiae of Legal Center for Defense of Life filed.
Dec 27 2019
Brief amicus curiae of Thomas More Society filed. VIDED.
Dec 27 2019
Brief amicus curiae of Association of American Physicians and Surgeons, Inc. filed. VIDED.
Dec 27 2019
Brief amici curiae of Priests for Life and Rachel's Vineyard filed. VIDED.
Dec 27 2019
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED.
Dec 27 2019
Brief amici curiae of Louisiana Family Forum, et al. filed. VIDED.
Dec 27 2019
Brief amici curiae of Concerned Women for America & Charlotte Lozier Institute filed (in 18-1460).
Dec 27 2019
Brief amicus curiae of Senator Josh Hawley filed. VIDED.
Dec 27 2019
Brief amicus curiae of American Association of Pro-Life Obstetricians and Gynecologists filed. VIDED.
Dec 26 2019
Consolidated opening brief of Rebekah Gee, Secretary, Louisiana Dept. of Health and Hospitals filed. VIDED.
Dec 26 2019
Brief amicus curiae of State of Idaho filed. VIDED.
Dec 26 2019
Request to lodge pursuant to Rule 32.3 of Rebekah Gee not accepted for filing. (January 09, 2020).
Dec 26 2019
Motion to supplement the record and to file certain documents under seal filed by Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals. VIDED.
Dec 19 2019
Brief amicus curiae of Foundation for Moral Law filed. VIDED.
Dec 16 2019
Lodging proposal of amici curiae Social Science Researchers filed. VIDED. (Distributed)
Dec 02 2019
Amicus brief of National Health Law Program, et al. not accepted for filing. (Corrected electronic version submitted).
Dec 02 2019
Brief amici curiae of National Health Law Program, et al. filed. (December 3, 2019). VIDED.
Dec 02 2019
Brief amicus curiae of Constitutional Accountability Center filed (in 18-1323).
Dec 02 2019
Amicus brief of Organizations And Individuals Dedicated To The Fight For Reproductive Justice – Women With A Vision et al. not accepted for filing. (December 04, 2019 -- Corrected brief to be submitted)
Dec 02 2019
Brief amici curiae of Organizations And Individuals Dedicated To The Fight For Reproductive Justice – Women With A Vision et al. filed. (December 5, 2019). VIDED.
Dec 02 2019
Brief amici curiae of Federal Courts Scholars filed. VIDED.
Dec 02 2019
Brief amici curiae of Former Federal Judges and Department of Justice Officials filed. VIDED.
Dec 02 2019
Amicus brief of LGBTQ Organizations not accepted for filing. (Corrected electronic version to be submitted - December 3, 2019).
Dec 02 2019
Brief amici curiae of LGBTQ Organizations filed (in 18-1323). (December 3, 2019). VIDED.
Dec 02 2019
Brief amicus curiae of American Bar Association filed.
Dec 02 2019
Brief amici curiae of Ibis Reproductive Health and Other Organizations filed (in 18-1323).
Dec 02 2019
Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED.
Dec 02 2019
Brief amici curiae of National Women's Law Center and 72 Additional Organizations Committed to Equality and Economic Opportunity for Women filed. VIDED.
Dec 02 2019
Brief amici curiae of Reproductive Justice Scholars filed. VIDED.
Dec 02 2019
Brief amici curiae of Social Science Researchers filed. VIDED.
Dec 02 2019
Brief amici curiae of 197 Members of Congress filed. VIDED.
Dec 02 2019
Brief amici curiae of Holly Alvarado, et al. filed. VIDED.
Dec 02 2019
Brief amici curiae of The American Civil Liberties Union and The ACLU of Louisiana filed (in 18-1323).
Dec 02 2019
Brief amici curiae of Constitutional Law Scholars filed (in 18-1323).
Dec 02 2019
Brief amicus curiae of Information Society Project at Yale Law School filed (in 18-1323).
Dec 02 2019
Brief amici curiae of Whole Woman's Health and Whole Woman's Health Alliance filed (in 18-1460).
Dec 02 2019
Brief amici curiae of Tort Law Scholars filed. VIDED.
Dec 02 2019
Brief amici curiae of If/When/How: Lawyering For Reproductive Justice, et al. filed. VIDED.
Dec 02 2019
Brief amici curiae of Michele Coleman Mayes, Claudia Hammerman, et al. filed. VIDED.
Dec 02 2019
Brief amici curiae of States of New York, et al filed. VIDED.
Dec 02 2019
Brief amici curiae of Catholics for Choice, et al. filed. VIDED.
Dec 02 2019
Brief amici curiae of Planned Parenthood Federation of America, et al. filed. VIDED.
Dec 02 2019
Brief amici curiae of Feminist Majority Foundation, et al. filed. VIDED.
Dec 02 2019
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED.
Dec 02 2019
Brief amici curiae of Medical Staff Professionals filed. VIDED.
Nov 26 2019
SET FOR ARGUMENT on Wednesday, March 4, 2020. VIDED.
Nov 25 2019
Brief of petitioners June Medical Services L.L.C., et al. filed (in 18-1323).
Nov 25 2019
Joint appendix filed (7 volumes & 1 sealed volume). VIDED.
Nov 18 2019
Motion for leave to file the joint appendix pursuant to Rule 33.2 with one volume under seal GRANTED.
Nov 08 2019
Blanket Consent filed by Respondent, Rebekah Gee. VIDED
Nov 06 2019
Motion for leave to file the joint appendix pursuant to Rule 33.2 filed by petitioners June Medical Services L.L.C., et al. VIDED.
Nov 06 2019
Addendum to motion to file the joint appendix pursuant to Rule 33.2 (for leave to file one volume under seal) filed. (November 13, 2019). VIDED.
Oct 24 2019
Blanket Consent filed by Petitioner, June Medical Services L.L.C., et al. VIDED
Oct 22 2019
Upon consideration of the joint motion for an extension of time to file the briefs on the merits, petitioners in No. 18-1323 shall file an opening brief limited to the questions presented in its petition on or before Monday, November 25, 2019. The brief is to bear a light blue cover and is limited to 13,000 words. Respondent in No. 18-1323 shall file a consolidated opening brief on the questions presented in both cases on or before Thursday, December 26, 2019. The brief is to bear a light red cover and is limited to 21,500 words. Petitioners in No. 18-1323 shall file consolidated opening brief and reply on or before Friday, January 17, 2020. The brief is to bear a yellow cover and is limited to 14,500 words. Respondent in No. 18-1323 shall file with the Clerk and serve upon counsel a reply brief, limited to the questions presented in its petition, on or before 2 p.m., Tuesday, February 18, 2020. The brief is to bear a tan cover and is limited to 6,000 words. Amicus curiae briefs in support of petitioners in No. 18-1323 on all or any of the questions presented, or in support of neither party, are to be filed on or before Monday, December 2, 2019. Amicus curiae briefs in support of respondent in No. 18-1323 are to be filed on or before Thursday, January 2, 2020. An amicus curiae shall file only a single brief in these cases. VIDED.
Oct 15 2019
Joint motion for an extension of time to file the briefs on the merits filed. VIDED.
Oct 04 2019
Petition GRANTED. The petition for a writ of certiorari in No. 18-1460 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Oct 04 2019
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. 18-1323. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1323. 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.”
Sep 11 2019
DISTRIBUTED for Conference of 10/1/2019.
Sep 06 2019
Reply of petitioners June Medical Services L.L.C., et al. filed.
Jul 19 2019
Brief of respondent Rebekah Gee, Secretary of the Louisiana Department of Health and Hospitals in opposition filed.
Jun 24 2019
Amicus brief of 2,556 Operation Outcry Women Injured By Abortion and The Justice Foundation not accepted for filing. (June 27, 2019)
Jun 21 2019
Brief amicus curiae of Senator Josh Hawley in support of respondent filed. VIDED.
May 20 2019
Brief amici curiae of Former Federal Judges and Department of Justice Officials filed.
May 20 2019
Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed.
May 03 2019
Motion to extend the time to file a response is granted and the time is extended to and including July 19, 2019.
Apr 30 2019
Motion to extend the time to file a response from May 20, 2019 to July 19, 2019, submitted to The Clerk.
Apr 17 2019
Petition for a writ of certiorari filed. (Response due May 20, 2019)
Feb 07 2019
Application (18A774) referred to the Court.
Feb 07 2019
Application (18A774) granted by the Court. The application for a stay presented to JUSTICE ALITO and by him referred to the Court is granted, and the mandate of the United States Court of Appeals for the Fifth Circuit in case No. 17-30397 is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. JUSTICE THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE KAVANAUGH would deny the application. JUSTICE KAVANAUGH, dissenting from grant of application for stay. (Detached Opinion)
Feb 01 2019
Reply of applicants June Medical Services, L.L.C., et al. filed.
Reply Proof of Service
Feb 01 2019
Because the filings regarding the application for a stay in this matter were not completed until earlier today and the Justices need time to review these filings, the issuance of the mandate of the United States Court of Appeals for the Fifth Circuit, case No. 17-30397, is administratively stayed through Thursday, February 7, 2019. This order does not reflect any view regarding the merits of the petition for a writ of certiorari that applicants represent they will file.
Jan 31 2019
Response to application from respondent Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals filed.
Main Document
Jan 29 2019
Response to application (18A774) requested by Justice Alito, due Thursday, January 31, 2019, by 3:00 p.m. ET.
Jan 28 2019
Application (18A774) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Alito.
Main Document Proof of Service Lower Court Orders/Opinions Lower Court Orders/Opinions Lower Court Orders/Opinions Lower Court Orders/Opinions