Supreme Court of the United States · Official docket →
Susan Neese, et al. v. Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10078 · judgment December 16, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Fifth Circuit decision below.
Question presented
The petitioners are challenging the legality of a Notification issued by former HHS Secretary Xavier Becerra in May of 2021, which declares that section 1557 of the Affordable Care Act prohibits “discrimination on the basis of gender identity” by health-care providers that receive federal funding. The court of appeals dismissed the petitioners’ claims for lack of Article III standing. After the court of appeals issued its ruling, the Trump Administration took office and rescinded the Notification that the petitioners were challenging, mooting the petitioners’ lawsuit. The question presented is: Should the Court summarily vacate the court of appeals’ judgment under United States v. Munsingwear, Inc., 340 U.S. 36 (1950), and remand with instructions to dismiss the case? (i)
Counsel of record
For petitioner
Jonathan F. Mitchell
Mitchell Law PLLC
For respondent
D. John Sauer
Solicitor General
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 20 2025Reply of petitioners Susan Neese, et al. filed. (Distributed)
- Aug 13 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 30 2025Brief of respondent United States in opposition filed.
- Jun 13 2025Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2025.
- Jun 12 2025Motion to extend the time to file a response from June 30, 2025 to July 30, 2025, submitted to The Clerk.
- May 27 2025Petition for a writ of certiorari filed. (Response due June 30, 2025)
- Mar 03 2025Application (24A841) granted by Justice Alito extending the time to file until May 31, 2025.
- Feb 27 2025Application (24A841) to extend the time to file a petition for a writ of certiorari from May 1, 2025 to June 30, 2025, submitted to Justice Alito.