Supreme Court of the United States · Official docket →
Xavier Becerra, Secretary of Health and Human Services, et al. v. Texas, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10246 · judgment January 2, 2024
Before the decision, about 10.2× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.
Question presented
Whether the Emergency Medical Treatment and Labor Act, 42 U.S.C. 1395dd, preempts state law in the narrow but important circumstance where terminating a pregnancy is required to stabilize an emergency medical condition that would otherwise threaten serious harm to the pregnant woman’s health but the State prohibits an emergency-room physician from providing that care. (I)
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
John J. Bursch
Alliance Defending Freedom
Case
Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Order
Order list, October 7, 2024 · Certiorari denied
Proceedings
- Oct 07 2024Petition DENIED.
- Sep 04 2024DISTRIBUTED for Conference of 9/30/2024.
- Sep 04 2024Reply of petitioners Xavier Becerra, Secretary of Health and Human Service, et al. filed. (Distributed)
- Aug 21 2024Brief of respondent Texas in opposition filed.
- Jul 15 2024Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2024, for all respondents.
- Jul 12 2024Motion to extend the time to file a response is granted and the time is further extended to and including August 21, 2024, for all respondents.
- Jul 12 2024Motion of respondents American Association of Pro-Life Obstetricians & Gynecologists, et al. to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk.
- Jul 09 2024Motion to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk.
- May 28 2024The motions to extend the time to file responses are granted and the time is extended to and including July 22, 2024, for all respondents.
- May 23 2024Motion of respondent Texas to extend the time to file a response from June 20, 2024 to July 22, 2024, submitted to The Clerk.
- May 23 2024Motion of respondents American Association of Pro-Life Obstetricians & Gynecologists, et al. to extend the time to file a response from June 20, 2024 to July 22, 2024, submitted to The Clerk.
- May 20 2024Response Requested. (Due June 20, 2024)
- May 14 2024DISTRIBUTED for Conference of 5/30/2024.
- May 03 2024Waiver of right of respondent The State of Texas to respond filed.
- Apr 30 2024Waiver of right of respondents American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations to respond filed.
- Apr 01 2024Petition for a writ of certiorari filed. (Response due May 3, 2024)