| No. 19-840 Vide 19-1019 |
|
| Title: |
California, et al., Petitioners v. Texas, et al. |
| Docketed: | January 3, 2020 |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (19-10011) |
| Decision Date: | December 18, 2019 |
| Questions Presented | |
| Jan 03 2020 | Petition for a writ of certiorari filed. (Response due February 3, 2020) Petition Appendix Certificate of Word Count Proof of Service |
| Jan 03 2020 | Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners. Main Document |
| Jan 06 2020 | Response to motion requested. (Due January 10, 2020, by 4 p.m.) |
| Jan 10 2020 | Blanket Consent filed by Respondent, U.S. House of Representatives. Blanket Consent |
| Jan 10 2020 | Response to motion from Federal respondents filed. Proof of Service Main Document |
| Jan 10 2020 | Response to motion from State respondents filed. Main Document Proof of Service |
| Jan 10 2020 | Response to motion from respondent Neill Hurley and John Nantz submitted. Main Document Proof of Service Other |
| Jan 13 2020 | Reply in support of motion filed. Main Document Proof of Service |
| Jan 15 2020 | Brief amicus curiae of America's Health Insurance Plans filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jan 15 2020 | Brief amici curiae of National Hospital Associations filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jan 15 2020 | Brief amici curiae of American Cancer Society et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jan 15 2020 | Motion for leave to file amici brief filed by 33 State Hospital Associations. Main Document Proof of Service Certificate of Word Count |
| Jan 15 2020 | Brief amicus curiae of Small Business Majority Foundation filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jan 15 2020 | Brief amici curiae of AARP, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jan 15 2020 | Brief amicus curiae of Bipartisan Economic Scholars filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jan 16 2020 | Brief amici curiae of Alliance of Community Health Plans and Association for Community Affiliated Plans filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jan 17 2020 | Brief amicus curiae of Jeremy C. Doerre filed. VIDED Main Document Certificate of Word Count Proof of Service |
| Jan 21 2020 | Motion to expedite consideration filed by petitioner DENIED. |
| Jan 21 2020 | Motion to extend the time to file a response from February 3, 2020 to March 17, 2020, submitted to The Clerk. Main Document |
| Jan 22 2020 | Response to motion from respondent U.S. House of Representatives filed. Main Document Proof of Service |
| Jan 22 2020 | Response to motion from petitioners California, et al. filed. Main Document |
| Jan 24 2020 | Motion to extend the time to file a response to the petition for a writ of certiorari is denied. |
| Jan 31 2020 | Waiver of right of respondent U.S. House of Representatives to respond filed. Main Document |
| Jan 31 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed. Main Document |
| Feb 03 2020 | Brief of State of Texas, et al. in opposition not accepted for filing. (February 03, 2020 -- Corrected version to be submitted) |
| Feb 03 2020 | Brief amicus curiae of Association of American Physicians and Surgeons filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| Feb 03 2020 | Brief of respondents United States, et al. in opposition filed. VIDED Main Document Certificate of Word Count |
| Feb 03 2020 | Brief of respondents State of Texas, et al. in opposition filed. VIDED. (February 3, 2020) Main Document Certificate of Word Count Proof of Service |
| Feb 03 2020 | Brief of respondents Neill Hurley and John Nantz in opposition filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Feb 05 2020 | DISTRIBUTED for Conference of 2/21/2020. |
| Feb 12 2020 | Reply of petitioners California, et al. filed. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Feb 18 2020 | Letter of February 18, 2020 from counsel for respondent U.S. House of Representatives in support of California, et al. filed. (Distributed) Main Document |
| Feb 19 2020 | Letter of February 19, 2020 from counsel for petitioner filed. (Distributed) Main Document |
| Feb 24 2020 | DISTRIBUTED for Conference of 2/28/2020. |
| Mar 02 2020 | Motion for leave to file amici brief filed by 33 State Hospital Associations GRANTED. |
| Mar 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-1019 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED. |
| Mar 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-840. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-840. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Mar 19 2020 | Blanket Consent filed by federal respondents United States, et al. VIDED. Blanket Consent |
| Mar 20 2020 | Blanket Consent filed by State of Texas, et al. VIDED. Blanket Consent |
| Mar 20 2020 | Blanket Consent filed by respondent U.S. House of Representative in support of California, et al. VIDED. Blanket Consent |
| Mar 20 2020 | Motion for an extension of time to file the briefs on the merits. VIDED. Main Document |
| Apr 02 2020 | Motion to extend the time to file the briefs on the merits granted. Petitioners in No. 19-840 and the U.S. House of Representatives have to and including May 6, 2020, within which to file a joint appendix and opening briefs on the merits limited to the questions presented in No. 19-840. Petitioners in No. 19-1019 and the federal respondents in No. 19-840 have to and including June 25, 2020, within which to file consolidated opening briefs on the questions presented in both cases. Petitioners in No. 19-840 and the U.S. House of Representatives have to and including July 29, 2020, within which to file consolidated opening and reply briefs on the questions presented in both cases. Petitioners in No. 19-1019 have to and including August 18, 2020, within which to file a reply brief limited to Question 2 presented by the petition for certiorari in No. 19-1019. VIDED. |
| Apr 02 2020 | Amicus curiae briefs in support of petitioners in No. 19-840, the U.S. House of Representatives, or in support of neither party, on the questions presented in either case are to be filed on or before May 13, 2020. Amicus curiae briefs in support of petitioners in No. 19-1019 or the federal respondents in No. 19-840 on the questions presented in either case are to be filed on or before July 2, 2020. An amicus curiae shall file only a single brief in these cases. VIDED. |
| Apr 30 2020 | Brief amicus curiae of David Boyle filed. (in 19-840) Main Document Certificate of Word Count Proof of Service |
| May 06 2020 | Brief of respondent U.S. House of Representatives in support of California, et al. filed (in 19-840). Main Document Certificate of Word Count Proof of Service |
| May 06 2020 | Joint appendix filed. (Statement of cost filed.) VIDED. Main Document Proof of Service |
| May 06 2020 | Brief of petitioners California, et al. filed.(in 19-840) Main Document Proof of Service Certificate of Word Count |
| May 12 2020 | Brief amicus curiae of Small Business Majority Foundation filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 12 2020 | Brief amicus curiae of Jeremy C. Doerre filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 12 2020 | Brief amicus curiae of Public Citizen, Inc. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Amicus brief of Washington and Lee University School of Law Black Lung Clinic not accepted for filing. (May 14, 2020 - Corrected PDF to be submitted.) |
| May 13 2020 | Brief amicus curiae of Washington and Lee University School of Law Black Lung Clinic filed (in 19-840). Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of Professors Michael C. Dorf and Martin S. Lederman filed. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of Bipartisan Economic Scholars filed. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of American Cancer Society et al. filed. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of National Women's Law Center, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of Service Employees International Union, et al. filed. VIDED. Certificate of Word Count Proof of Service Main Document |
| May 13 2020 | Brief amicus curiae of HCA Healthcare, Inc. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of Tribes and Tribal Organizations filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of Health Care Policy Scholars filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of Alliance of Community Health Plans and Association for Community Affiliated Plans filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of Public Health Experts, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of National Hospital Associations filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amicus curiae of Patient-Centered Outcomes Research Institute filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of 44 Counties, Cities, and Towns and California State Association of Counties filed. (in 19-840) Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of First Focus on Children and The Children's Partnership filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amicus curiae of The National Association of Community Health Centers filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amicus curiae of America's Health Insurance Plans filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of 47 Members of the United States Senate filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of Walter Dellinger, Douglas Laycock, Christopher Schroeder filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| May 13 2020 | Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| May 13 2020 | Brief amici curiae of States of Ohio and Montana in support of neither party filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of American Medical Association, et al. filed. (in 19-840) Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of Samuel L. Bray, Michael W. McConnell, and Kevin C. Walsh filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of National Health Law Program, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of AARP, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amicus curiae of Association for Accessible Medicines filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of Families USA, et al. filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| May 13 2020 | Brief amici curiae of Professors Jonathan H. Adler, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of States of Maryland, et al. filed (in 19-840). Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amicus curiae of The Catholic Health Association of the United States filed. Main Document Proof of Service Certificate of Word Count |
| May 13 2020 | Brief amici curiae of 36 State Hospital Associations filed (in 19-840). Main Document Proof of Service Certificate of Word Count |
| May 13 2020 | Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 13 2020 | Brief amici curiae of American Association of People with Disabilities, et. al. filed. VIDED. Certificate of Word Count Proof of Service Main Document |
| May 13 2020 | Brief amicus curiae of American Thoracic Society filed.(in 19-840) Main Document Certificate of Word Count Proof of Service Other |
| Jun 25 2020 | Consolidated opening brief on the merits of State of Texas, et al. filed. VIDED Main Document Certificate of Word Count Proof of Service |
| Jun 25 2020 | Consolidated opening brief on merits of Neill Hurley and John Nantz filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jun 25 2020 | Brief amicus curiae of Foundation for Moral Law filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| Jun 25 2020 | Consolidated opening brief on the merits of Federal Respondents filed. VIDED. Main Document Proof of Service |
| Jun 30 2020 | Motion for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument filed by Ohio and Montana. VIDED. Main Document Proof of Service |
| Jul 02 2020 | Brief amicus curiae of American Center for Law and Justice filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jul 02 2020 | Brief amicus curiae of Association of American Physicians and Surgeons filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jul 02 2020 | Motion for enlargement of time for oral argument and for divided argument filed by U.S. House of Representatives. VIDED. Main Document Proof of Service |
| Jul 02 2020 | Motion for divided argument filed by federal respondents United States, et al. VIDED. Proof of Service Main Document |
| Jul 02 2020 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jul 02 2020 | Brief amicus curiae of The Cato Institute filed (in 19-840). Main Document Certificate of Word Count Proof of Service |
| Jul 02 2020 | Brief amicus curiae of Landmark Legal Foundation filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jul 10 2020 | Response in opposition of respondents Texas, et al. to motion of respondent U.S. House of Representatives in support of petitioners for enlargement of time for oral argument and for divided argument, filed. VIDED. Main Document |
| Jul 13 2020 | Reply of respondent U.S. House of Representatives in support of petitioners to its motion for enlargement of time for oral argument and for divided argument, filed. VIDED. Main Document Proof of Service |
| Jul 29 2020 | Consolidated response and reply brief of respondent U.S. House of Representatives in support of petitioners filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jul 29 2020 | Consolidated response and reply brief of California, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 18 2020 | Reply of respondents State of Texas, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 18 2020 | Reply of respondents Neill Hurley and John Nantz filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2020 | SET FOR ARGUMENT on Tuesday, November 10, 2020. VIDED. |
| Aug 24 2020 | Motion of the U.S. House of Representatives for enlargement of time for oral argument and for divided argument GRANTED. VIDED. |
| Aug 24 2020 | Motion for divided argument filed by federal respondents United States, et al. GRANTED. VIDED. |
| Aug 24 2020 | Motion of Ohio and Montana for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument DENIED. VIDED. |
| Aug 24 2020 | The motions of the Solicitor General for divided argument and of the U.S. House of Representatives for enlargement of time for oral argument and for divided argument are granted, and the time is allotted as follows: 30 minutes for California, et al., 10 minutes for the U.S. House of Representatives, 20 minutes for the Solicitor General, and 20 minutes for Texas, et al. The motion of Ohio and Montana for leave to participate in oral argument as amici curiae, for enlargement of time for oral argument, and for divided argument is denied. VIDED. |
| Aug 25 2020 | Letter of California, et al. filed. VIDED. (Distributed) Main Document |
| Aug 25 2020 | Letter of respondent U.S. House of Representatives in support of California, et al. filed. VIDED. (Distributed) Main Document |
| Aug 31 2020 | Record requested from the U.S.C.A. 5th Circuit. |
| Aug 31 2020 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer. |
| Sep 02 2020 | CIRCULATED |
| Sep 14 2020 | Letter of Individual Respondents Hurley & Nantz filed. VIDED. (Distributed) Main Document |
| Sep 15 2020 | Letter of Texas, et al. filed. VIDED. (Distributed) Main Document |
| Nov 10 2020 | Argued. For California, et al.: Michael J. Mongan, Solicitor General, San Francisco, Cal. For U.S. House of Representatives: Donald B. Verrilli, Jr., Washington, D. C. For Texas, et al.: Kyle D. Hawkins, Solicitor General, Austin, Tex. For United States, et al.: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D. C. VIDED. |
| Feb 10 2021 | Letter of respondents United States, et al. notifying the Court of the federal government's change in position from that presented in its brief on the merits filed in these cases. VIDED. (Distributed) Main Document |
| Jun 17 2021 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined. VIDED. |
| Jul 19 2021 | JUDGMENT ISSUED. |