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

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: 36% cert probability (95% interval 25%–48%)

Before the decision, about 8.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Fifth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Questions presented

Consolidated with 18-1323.

  1. Can abortion providers be presumed to have third-party standing to challenge health and safety regulations on behalf of their patients absent a "close" relationship with their patients and a "hindrance" to their patients' ability to sue on their own behalf?

  2. Are objections to prudential standing waivable (per the Fourth, Fifth, Seventh, Ninth, Tenth, and Federal Circuits) or non-waivable (per the D.C., Second, and Sixth Circuits)?

Counsel of record

For petitioner
Elizabeth Baker Murrill
Office of the Attorney General

For respondent
Travis J. Tu
The Center for Reproductive Rights

Case

Conference history
Distributed for 1 conference

Amicus briefs
5 cert-stage

Related
Vide, 18-1323

Argument & decision

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

Decided June 29, 2020. Opinion by Breyer.

Proceedings

  1. Jul 31 2020
    JUDGMENT ISSUED.
  2. 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.
  3. 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.
  4. Jan 21 2020
    CIRCULATED
  5. Jan 10 2020
    The record from the U.S.C.A. 5th circuit is electronic and located on PACER.
  6. Jan 09 2020
    Record requested from the U.S.C.A. 5th Circuit.
  7. Nov 26 2019
    SET FOR ARGUMENT on Wednesday, March 4, 2020. VIDED.
  8. Oct 04 2019
    Petition GRANTED. The petition for a writ of certiorari in No. 18-1323 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
  9. 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.”
  10. Sep 11 2019
    DISTRIBUTED for Conference of 10/1/2019.
  11. Sep 09 2019
    Reply of petitioner Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals filed.
  12. Aug 23 2019
    Brief of respondents June Medical Services L.L.C., et al. in opposition filed.
  13. Jun 24 2019
    Brief amicus curiae of Americans United for Life filed.
  14. Jun 24 2019
    Amicus brief of 2,556 Operation Outcry Women Hurt By Abortion and The Justice Foundation not accepted for filing. (June 24, 2019 -- Corrected version to be submitted)
  15. Jun 24 2019
    Brief amici curiae of State of Indiana, et al. filed.
  16. Jun 24 2019
    Amicus brief of American Center for Law and Justice not accepted for filing. (June 27, 2019)(Corrected version submitted)
  17. Jun 24 2019
    Brief amicus curiae of American Center for Law and Justice filed.
  18. Jun 24 2019
    Brief amici curiae of 2,556 Operation Outcry Women Hurt By Abortion and The Justice Foundation filed.
  19. Jun 21 2019
    Brief amicus curiae of Senator Josh Hawley filed. VIDED.
  20. Jun 05 2019
    Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2019.
  21. Jun 03 2019
    Motion to extend the time to file a response from June 24, 2019 to August 23, 2019, submitted to The Clerk.
  22. May 20 2019
    Petition for a writ of certiorari filed. (Response due June 24, 2019)