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Donald J. Trump, President of the United States, et al. v. Pennsylvania, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 17-3752, 18-1253, 19-1129, 19-1189 · judgment July 12, 2019
Before the decision, about 18.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Third Circuit decision below.
Questions presented
Consolidated with 19-431. The Patient Protection and Affordable Care Act (ACA), 42 U.S.C. 18001 et seq., requires many group health plans and health-insurance issuers that offer group or individual health coverage to provide coverage for preventive services, including women's preventive care, without cost-sharing. See 42 U.S.C. 300gg-13(a). Guidelines and regulations implementing that requirement promulgated in 2011 by the Departments of Health and Human Services, Labor, and the Treasury mandated that such entities cover contraceptives approved by the Food and Drug Administration. The mandate exempted churches, and subsequent rulemaking established an accommodation for certain other entities with religious objections to providing contraceptive coverage. In October 2017, the agencies promulgated interim final rules expanding the exemption to a broad range of entities with sincere religious or moral objections to providing contraceptive coverage. In November 2018, after considering comments solicited on the interim rules, the agencies promulgated final rules expanding the exemption. The questions presented are as follows:
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Whether the agencies had statutory authority under the ACA and the Religious Freedom Restoration Act of 1993, 42 U.S.C. 2000bb et seq., to expand the conscience exemption to the contraceptive-coverage mandate.
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Whether the agencies' decision to forgo notice and opportunity for public comment before issuing the interim final rules rendered the final rules-which were issued after notice and comment-invalid under the Administrative Procedure Act, 5 U.S.C. 551 et seq., 701 et seq.
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Whether the court of appeals erred in affirming a nationwide preliminary injunction barring implementation of the final rules.
Counsel of record
For petitioner
Noel John Francisco
Jones Day
For respondent
Michael J. Fischer
Pennsylvania Office of General Counsel
Argument & decision
Argued May 6, 2020 — Noel J. Francisco · Paul D. Clement · Michael J. Fischer. Audio and transcript
Decided July 8, 2020. Opinion by Thomas.
Proceedings
- Aug 10 2020JUDGMENT ISSUED.
- Jul 08 2020Judgment 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.
- May 06 2020Argued. 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.
- Apr 15 2020RESCHEDULED FOR ARGUMENT on Wednesday, May 6, 2020. VIDED.
- Apr 13 2020Argument to be rescheduled for May 2020. VIDED.
- Apr 03 2020ORAL ARGUMENT POSTPONED. VIDED.
- Mar 19 2020CIRCULATED
- Mar 19 2020The record received from the U.S.D.C. Eastern District of Pennsylvania has been electronically filed.
- Mar 04 2020Amicus brief of United States Conference of Catholic Bishops, et al. not accepted for filing. (March 19, 2020 -- Filed in lead case)
- Feb 26 2020Record requested from the U.S.C.A. 3rd Circuit.
- Feb 21 2020SET FOR ARGUMENT on Wednesday, April 29, 2020. VIDED.
- Jan 17 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-431 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
- Jan 17 2020Because 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.”
- Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
- Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 20 2019Reply of petitioners Donald J. Trump, President of the United States, et al. filed.
- Dec 09 2019Brief of respondents Commonwealth of Pennsylvania, et al. in opposition filed.
- Nov 06 2019Brief amicus curiae of American Center for Law and Justice filed. VIDED.
- Nov 05 2019Amicus 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)
- Nov 01 2019Brief amici curiae of 92 Members of Congress filed. VIDED.
- Nov 01 2019Brief amicus curiae of The States Of Texas, et al. filed. VIDED.(11/5/2019)
- Nov 01 2019Brief amici curiae of The Cato Institute, et al. filed. VIDED
- Oct 31 2019Brief amicus curiae of Foundation for Moral Law filed. VIDED.
- Oct 24 2019Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019.
- Oct 22 2019Motion to extend the time to file a response from November 6, 2019 to December 16, 2019, submitted to The Clerk.
- Oct 03 2019Petition for a writ of certiorari filed. (Response due November 6, 2019)