Supreme Court of the United States · Official docket →
Xiulu Ruan v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-12653 · judgment July 10, 2020
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and counsel who has filed here before.
Question presented
Consolidated with 21-5261. A physician otherwise authorized to prescribe controlled substances may be convicted of unlawful distribution under 21 U.S.C. § 841(a)(1) if his prescriptions "fall outside the usual course of professional practice." United States v. Moore, 423 U.S. 122, 124 (1975). To ensure that physicians are not convicted for merely negligent conduct, however, the federal courts generally permit doctors to advance a "good faith" defense. The question presented, on which the circuits are deeply divided, is whether a physician alleged to have prescribed controlled substances outside the usual course of professional practice may be convicted under Section 841(a)(1) without regard to whether, in good faith, he "reasonably believed" or "subjectively intended" that his prescriptions fall within that course of professional practice.
Counsel of record
For petitioner
Beau B. Brindley
The Law Offices of Beau B. Brindley
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 5 conferences
Amicus briefs
1 cert-stage · 13 merits
(13 supporting pet./neither)
Argument & decision
Argued March 1, 2022 — Lawrence S. Robbins · Beau B. Brindley · Eric J. Feigin. Audio and transcript
Decided June 27, 2022.
Proceedings
- Jul 29 2022JUDGMENT ISSUED
- Jun 27 2022Judgment VACATED and case REMANDED. Breyer, J. delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, and in which Barrett, J., joined as to Parts I–A, I–B, and II. VIDED.
- Mar 01 2022Argued. For petitioner in 20-1410: Lawrence S. Robbins, Washington, D. C. For petitioner in 21-5261: Beau B. Brindley, Chicago, Ill. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
- Feb 18 2022Motion for divided argument filed by petitioners GRANTED, and the time is divided as follows: 15 minutes for petitioner in in No. 20-1410 and 15 minutes for petitioner in No. 21-5261. VIDED.
- Feb 18 2022Reply of petitioner Xiulu Ruan filed (in 20-1410). (Distributed)
- Feb 17 2022Reply of petitioner Shakeel Kahn filed (in 21-5261). (Distributed)
- Jan 24 2022Motion for divided argument filed by petitioners. VIDED.
- Jan 19 2022Brief of respondent United States filed. VIDED. (Distributed)
- Jan 18 2022CIRCULATED
- Dec 27 2021Amicus brief of Physicians Against Abuse not accepted for filing. (Corrected version submitted - February 15, 2022).
- Dec 27 2021Brief amicus curiae of Physicians Against Abuse filed (in 20-1410) (1/15/2022). (Distributed)
- Dec 27 2021Brief amicus curiae of Due Process Institute filed (in 20-1410).
- Dec 27 2021Brief amicus curiae of Cato Institute filed (in 20-1410).
- Dec 27 2021Brief amici curiae of Association of American Physicians and Surgeons and Jeffrey A. Singer, M.D. filed (in 20-1410).
- Dec 27 2021Brief amicus curiae of National Pain Advocacy Center filed. VIDED.
- Dec 27 2021Brief amicus curiae of National Association of Chain Drug Stores in support of neither party filed. VIDED.
- Dec 27 2021Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED.
- Dec 27 2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED.
- Dec 27 2021Brief amicus curiae of Anmol Singh Kamra filed. VIDED.
- Dec 27 2021Brief amici curiae of Stephen J. Ziegler, et al. filed (in 20-1410).
- Dec 23 2021Brief amici curiae of Professors of Health Law and Policy filed (in 20-1410).
- Dec 22 2021The record from the U.S.C.A 11th Circuit is electronic and located on Pacer
- Dec 21 2021Record requested from the U.S.C.A. 11th Circuit.
- Dec 21 2021Brief amicus curiae of Compassion & Choices filed. VIDED.
- Dec 20 2021Brief of petitioner Xiulu Ruan filed (in 20-1410).
- Dec 20 2021Joint appendix filed (in 20-1410). (Statement of costs filed)
- Dec 20 2021Joint appendix filed (in 21-5261). (Statement of costs filed)
- Dec 20 2021Brief of petitioner Shakeel Kahn filed (in 21-5261).
- Dec 17 2021ARGUMENT SET FOR Tuesday, March 1, 2022. VIDED.
- Dec 17 2021Brief amicus curiae of Pacific Legal Foundation filed (in 20-1410).
- Dec 08 2021Blanket Consent filed by Petitioner, Xiulu Ruan
- Nov 05 2021Petition GRANTED. The petition for a writ of certiorari in No. 21-5261 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
- Nov 05 2021Because 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. 20-1410. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1410. 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.”
- Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
- Oct 25 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
- Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
- Jul 21 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 20 2021Reply of petitioner Xiulu Ruan filed. (Distributed)
- Jul 07 2021Brief of respondent United States of America in opposition filed. VIDED.
- May 28 2021Motion to extend the time to file a response is granted and the time is further extended to and including July 7, 2021.
- May 27 2021Motion to extend the time to file a response from June 7, 2021 to July 7, 2021, submitted to The Clerk.
- May 07 2021Brief amici curiae of Professors of Health Law and Policy filed.
- Apr 28 2021Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2021.
- Apr 27 2021Motion to extend the time to file a response from May 7, 2021 to June 7, 2021, submitted to The Clerk.
- Apr 05 2021Petition for a writ of certiorari filed. (Response due May 7, 2021)