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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 17.9× 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
Conference history
Distributed for 2 conferences
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)