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American Medical Association, et al. v. Xavier Becerra, Secretary of Health and Human Services, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35386, 19-35394, 19-15979 · judgment February 24, 2020

Certiorari granted · February 22, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

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

Questions presented

Consolidated with 20-454. In 2019, the Department of Health and Human Services (HHS) issued a Rule imposing major changes on the Title X family planning program. See 84 Fed. Reg. 7,714 (Mar. 4, 2019). The Rule both prohibits and compels certain pregnancy-related speech between a Title X provider and her patient, proscribing abortion-related information but requiring information about non-abortion options—regardless of what the patient wants. The Rule also imposes burdensome physical separation requirements on any Title X provider engaging in abortionrelated activities outside the Title X program. All of the nation’s major medical organizations opposed the Rule, explaining that it would violate fundamental medical ethics, force numerous providers out of the program, and leave patients with deficient health care. The en banc Ninth Circuit upheld the Rule against arbitrary-and-capricious and contrary-to-law challenges. The en banc Fourth Circuit invalidated the Rule on those same grounds. The questions presented are:

  1. Whether the Rule is arbitrary and capricious.

  2. Whether the Rule violates the Title X appropriations act, which requires that “all pregnancy counseling” under Title X “shall be nondirective.”

  3. Whether the Rule violates Section 1554 of the Affordable Care Act, 42 U.S.C. § 18114, which requires that HHS “shall not promulgate any regulation” that harms patient care in any one of six ways, including by “interfer[ing] with communications” between a patient and her provider.

Counsel of record

For petitioner
Paul Reinherz Quitman Wolfson
Democracy Forward

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 3 conferences

Related
Vide, 20-454, 20-539

Proceedings

  1. May 17 2021
    The Government has filed a letter brief representing that it will continue enforcing the challenged rule and regulations outside the State of Maryland for as long as they remain operative. If further litigation is brought against the challenged rule and regulations outside of Maryland, the Government represents that it will either oppose that litigation on threshold grounds or seek to hold the litigation in abeyance pending the completion of notice and comment. In light of the Government’s representations, the motions for leave to intervene are denied, and the petitions in Nos. 20-429, 20-454, and 20-539 are dismissed pursuant to Rule 46.1. If the Government fails to enforce the challenged rule and regulations outside of Maryland prior to the completion of notice and comment, or if litigation is brought against the challenged rule and regulations outside of Maryland, any aggrieved party may file an application in this Court after seeking relief in the appropriate District Court and Court of Appeals. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the motions for leave to intervene and deny the stipulations to dismiss the petitions. VIDED.
  2. May 17 2021
    Motion for leave to intervene filed by State of Ohio and 18 Other States DENIED. VIDED.
  3. May 17 2021
    Motion for leave to intervene filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. DENIED. VIDED.
  4. May 10 2021
    Letter brief in response of proposed intervenors State of Ohio and 18 Other States filed. VIDED. (Distributed)
  5. May 10 2021
    Letter brief in response of proposed intervenors American Association of Pro-Life Obstetricians & Gynecologists, et al. filed. VIDED. (Distributed).
  6. May 03 2021
    Letter brief of the Acting Solicitor General filed. VIDED. (Distributed)
  7. Apr 29 2021
    Motion for a further extension of time to file the joint appendix and petitioners' briefs on the merits filed. VIDED.
  8. Apr 29 2021
    Motion for a further extension of time to file the joint appendix and petitioners' briefs on the merits granted, and the time is extended to and including June 3, 2021. VIDED.
  9. Apr 26 2021
    The Acting Solicitor General is directed to file a letter brief addressing the following question: Whether the Government intends to continue to enforce the challenged rule and regulations outside the State of Maryland until the completion of notice and comment; and, if further litigation is brought against the challenged rule and regulations outside of Maryland, how the Government would intend to respond. The brief, not to exceed three pages, is to be filed by Monday, May 3, 2021. The non-federal parties and the proposed intervenors may submit any responses in letter briefs, not to exceed three pages each, by Monday, May 10, 2021. VIDED.
  10. Apr 15 2021
    Letter of April 15, 2021 from the Acting Solicitor General filed. VIDED.
  11. Apr 01 2021
    Motion for an extension of time to file the joint appendix and petitioners' briefs on the merits filed. VIDED.
  12. Apr 01 2021
    Motion to extend the time to file the joint appendix and petitioners' briefs on the merits is granted, and the time is extended to and including May 6, 2021. VIDED.
  13. Mar 22 2021
    Reply of American Association of Pro-Life Obstetricians & Gynecologists, et al. in support of motion to intervene filed. VIDED.
  14. Mar 19 2021
    Motion for Leave to File a Supplemental Brief in Support of Intervention filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical and Dental Associations, Catholic Medical Association. VIDED.
  15. Mar 19 2021
    Reply of State of Ohio and 18 Other States in support of motion to intervene filed. VIDED.
  16. Mar 18 2021
    Response of the Federal Parties in opposition to the motions for leave to intervene filed. VIDED.
  17. Mar 18 2021
    Response of American Medical Association, et al. in opposition to motions for leave to intervene filed. VIDED.
  18. Mar 18 2021
    Response of States of Oregon, New York, California, et al. in opposition to motions for leave to intervene filed. VIDED.
  19. Mar 15 2021
    Motion for leave to file a supplemental brief in support of intervention filed by State of Ohio and 18 Other States. VIDED. (To be printed)
  20. Mar 15 2021
    Motion for leave to file a supplemental brief in support of intervention filed by State of Ohio and 18 Other States. VIDED. (March 18, 2021).
  21. Mar 15 2021
    Motion for leave to file a supplemental brief in support of intervention filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. VIDED. (To be printed)
  22. Mar 12 2021
    Joint stipulation to dismiss the cases in Nos. 20-429 and 20-539 pursuant to Rule 46.1 filed. VIDED.
  23. Mar 12 2021
    Joint stipulation to dismiss the case in No. 20-454 pursuant to Rule 46.1 filed.
  24. Mar 12 2021
    Motion for leave to intervene filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. VIDED.
  25. Mar 08 2021
    Motion for leave to intervene filed by State of Ohio and 18 Other States. VIDED.
  26. Feb 22 2021
    Petition GRANTED. The petitions for writs of certiorari in Nos. 20-454 and 20-539 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  27. Feb 22 2021
    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. 20-429. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-429. 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.”
  28. Feb 12 2021
    DISTRIBUTED for Conference of 2/19/2021.
  29. Jan 19 2021
    DISTRIBUTED for Conference of 1/22/2021.
  30. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  31. Dec 22 2020
    Reply of petitioners American Medical Association, et al. filed. (Distributed)
  32. Dec 04 2020
    Brief for the Federal Respondents filed. VIDED
  33. Nov 04 2020
    Letter of October 26, 2020 from counsel for respondents Oregon, et al. received.
  34. Nov 04 2020
    Brief of respondents States of Oregon, New York, California, et al. in support filed.
  35. Oct 26 2020
    Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020.
  36. Oct 23 2020
    Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk.
  37. Oct 01 2020
    Petition for a writ of certiorari filed. (Response due November 4, 2020)