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Beth Boyd, et al. v. Shriners Hospitals for Children, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 25-1183 · judgment April 14, 2026


Certiorari denied · October 13, 2026
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The Federal Food, Drug, and Cosmetic Act (“FDCA”), the National Research Act (“NRA”), the Public Readiness and Emergency Preparedness Act (“PREP Act”), and the Project BioShield Act of 2004 together form a comprehensive federal framework governing investigational drugs. Together with their implementing regulations and Executive Branch agreements, those Acts require that the administration of such drugs be the product of voluntary, informed consent, a requirement not imposed on drugs approved for their marketing application under 21 U.S.C. § 355 et seq. The questions presented are:

  1. Whether the Fourteenth Amendment prohibits a State, or its delegated agent, from mandating that an individual accept the administration of a drug that is exempt from 21 U.S.C. § 355(a), under threat of penalty, where federal law conditions that exemption on consent obtained free of coercion, undue influence, and unjustifiable pressure.

  2. Whether the Fourteenth Amendment prohibits a State or its delegated agent from mandating that an individual accept the administration of a covered countermeasure, where the PREP Act’s immunity provision, 42 U.S.C. § 247d-6d(a)(1), extinguishes the recipient’s right to access the courts for a resulting injury.

Counsel of record

For petitioner
David J. Schexnaydre
Schexnaydre Law Firm

For respondent
William Sneath Myers
Eckert Seamans, Attorney at Law

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
25A1455

Order
Order list, October 13, 2026 · Certiorari denied

Proceedings

  1. Oct 13 2026
    Petition DENIED.
  2. Sep 23 2026
    DISTRIBUTED for Conference of 10/9/2026.
  3. Sep 18 2026
    Waiver of right of respondent Shriners Hospitals for Children, et al. to respond filed.
  4. Sep 18 2026
    Brief amici curiae of America's Frontline Doctors, et al. filed. (Distributed)
  5. Aug 12 2026
    Petition for a writ of certiorari filed. (Response due September 18, 2026)
  6. Jul 06 2026
    Application (25A1455) granted by Justice Alito extending the time to file until August 12, 2026.
  7. Jun 19 2026
    Application (25A1455) to extend the time to file a petition for a writ of certiorari from July 13, 2026 to September 11, 2026, submitted to Justice Alito.