Supreme Court of the United States · Official docket →
Melanie Crites-Bachert v. Providence Health & Services - Oregon
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-6664 · judgment November 10, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The NDAA for FY 2004, as amended by the Project BioShield Act of 2004, allows the government to authorize experimental drugs for emergency use, but only with the informed consent of patients. This right to informed consent has been recognized for members of the armed forces but not for civilians. QUESTION: Does a civilian have the same private right of action to enforce his right to informed consent to an emergency use authorized drug as members of the armed forces?
Counsel of record
For petitioner
Stephen J. Joncus
Joncus Law
For respondent
Sharon C. Peters
Epstein Becker Green
Proceedings
- Jun 24 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 12 2026Waiver of right of respondent Providence Health & Services - Oregon to respond filed.
- May 18 2026Petition for a writ of certiorari filed. (Response due June 29, 2026)
- Mar 17 2026Application (25A1016) granted by Justice Kagan extending the time to file until May 18, 2026.
- Mar 12 2026Application (25A1016) to extend the time to file a petition for a writ of certiorari from March 19, 2026 to May 18, 2026, submitted to Justice Kagan.