| No. 20-37 Vide 20-38 | |
| Title: | Xavier Becerra, Secretary of Health and Human Services, et al., Petitioners v. Charles Gresham, et al. |
| Docketed: | July 16, 2020 |
| Lower Ct: | United States Court of Appeals for the District of Columbia Circuit |
| Case Numbers: | (19-5094, 19-5096) |
| Decision Date: | February 14, 2020 Rule 12.4 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jul 13 2020 | Petition for a writ of certiorari filed. (Response due August 17, 2020) |
| PetitionProof of Service | |
| Aug 07 2020 | Motion to extend the time to file a response from August 17, 2020 to October 16, 2020, submitted to The Clerk. |
| Main Document | |
| Aug 10 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2020. |
| Aug 14 2020 | Brief of respondent New Hampshire Department of Health and Human Services in support filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 16 2020 | Brief of respondents Charles Gresham, et al. in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 04 2020 | DISTRIBUTED for Conference of 11/20/2020. |
| Nov 04 2020 | Reply of petitioners alex m. azar ii, secretary of health and human services, et al. filed. (Distributed) |
| Main DocumentProof of Service | |
| Nov 30 2020 | DISTRIBUTED for Conference of 12/4/2020. |
| Dec 04 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 20-38 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Dec 04 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. 20-37. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-37. 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.” |
| Dec 29 2020 | Motion to dispense with printing the joint appendix filed by petitioners Alex M. Azar II, Secretary of Health and Human Services, et al. VIDED. |
| Proof of ServiceMain Document | |
| Jan 11 2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED. |
| Jan 19 2021 | Brief of respondent New Hampshire Department of Health and Human Services in support filed (in 20-37). |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Brief of Federal Petitioners filed. VIDED. |
| Main DocumentProof of Service | |
| Jan 19 2021 | Brief of petitioner State of Arkansas filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 26 2021 | Brief amicus curiae of State of Nebraska filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 26 2021 | Brief amici curiae of States of Indiana, et al., filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 26 2021 | Brief amicus curiae of Foundation for Government Accountability filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 01 2021 | SET FOR ARGUMENT on Monday, March 29, 2021. VIDED. |
| Feb 04 2021 | Record requested from the U.S.C.A. D.C. Circuit. |
| Feb 08 2021 | Record from the U.S.C.A. District of Columbia Circuit is electronic and located on Pacer. |
| Feb 08 2021 | Record from the U.S. District and Bankruptcy Courts are electronic and located on Pacer. |
| Feb 18 2021 | Brief of respondents Charles Gresham, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 22 2021 | Motion to vacate the judgments of the court of appeals and remand, remove the cases from the March 2021 argument calendar, and to hold further briefing in abeyance filed by petitioners Norris Cochran, Acting Secretary of Health and Human Services, et al. VIDED. (Distributed) |
| Main DocumentProof of Service | |
| Feb 22 2021 | Response in opposition to request to vacate the judgments of the court of appeals from petitioner State of Arkansas filed. VIDED. (Distributed) |
| Main DocumentOtherProof of Service | |
| Feb 22 2021 | CIRCULATED. |
| Feb 23 2021 | Brief amicus curiae of Nebraska Appleseed filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 24 2021 | Reply in support of motion to vacate the judgments of the court of appeals and remand, remove the cases from the March 2021 argument calendar, and to hold further briefing in abeyance filed by petitioners Norris Cochran, Acting Secretary of Health and Human Services, et al. VIDED. (Distributed) |
| Main DocumentProof of Service | |
| Feb 24 2021 | Brief amici curiae of The National Women's Law Center, et al. filed. (Distributed). VIDED |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 25 2021 | Amicus brief of Health Care Provider Organizations and Patient Groups not accepted for filing. (February 26, 2021 - Corrected brief to be submitted) |
| Feb 25 2021 | Brief amici curiae of Health Care Provider Organizations and Patient Groups filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 25 2021 | Brief amici curiae of AARP, et al. filed. (Distributed) VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 25 2021 | Brief amici curiae of Leukemia & Lymphoma Society, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 25 2021 | Brief amici curiae of Texas Medical-Legal Partnerships filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 25 2021 | Brief amici curiae of Public Health, Healthy Policy and Medicine Deans, Chairs and Scholars filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 11 2021 | Nos. 20-37 and 20-38 are removed from the calendar for the March 2021 argument session. VIDED. |
| Mar 22 2021 | Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED (Distributed) |
| Main DocumentCertificate of Word Count | |
| Mar 22 2021 | Reply of petitioner State of Arkansas filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 05 2021 | Upon consideration of the motion of petitioners to vacate the judgments of the court of appeals and remand, to remove the cases from the March 2021 argument calendar, and to hold further briefing in abeyance, these cases are held in abeyance pending further order of the Court. VIDED. |
| Jun 11 2021 | Letter of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED. |
| Main Document | |
| Apr 01 2022 | Suggestion of mootness and motion to vacate the judgements of the court of appeals and to remand filed by petitioner Xavier Becerra, Secretary of Health and Human Services, et al. VIDED. (Distributed) |
| Main DocumentProof of Service | |
| Apr 18 2022 | The motion to vacate the judgments is granted. The judgment of the United States Court of Appeals for the District of Columbia Circuit in Nos. 19-5094 and 19-5096 is vacated, and the cases are remanded to that court with instructions to direct the District Court to vacate its judgment and dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). The judgment of the United States Court of Appeals for the District of Columbia Circuit in Nos. 19-5293 and 19-5295 is vacated, and the cases are remanded to that court with instructions to direct the District Court to remand to the Secretary of Health and Human Services. VIDED. |
| May 20 2022 | Judgment Issued |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Nicholas Jacob Bronni Counsel of Record | Solicitor General of Arkansas Arkansas Attorney General's Office 323 Center St., Suite 200 Little Rock, AR 72201 nicholas.bronni@arkansasag.gov | 501-682-6302 |
| Party name: State of Arkansas | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Xavier Becerra, Secretary of Health and Human Services, et al. | ||
| Attorneys for Respondents | ||
| Ian Heath Gershengorn Counsel of Record | Jenner & Block 1099 New York Ave., NW Suite 900 Washington, DC 20001 IGershengorn@jenner.com | 202-639-6869 |
| Party name: Charles Gresham, et al. | ||
| Laura E. B. Lombardi Counsel of Record | New Hampshire Department of Justice 33 Capitol Street Concord, NH 03301-6397 laura.lombardi@doj.nh.gov | 6032713650 |
| Party name: New Hampshire Department of Health and Human Services | ||
| Other | ||
| Jaclyn Niccole Warr Counsel of Record | Stinson LLP 7700 Forsyth Blvd. Suite 1100 Clayton, MO 63122 nicci.warr@stinson.com | 301-524-2222 |
| Party name: Nebraska Appleseed | ||
| Erin Glenn Busby Counsel of Record | University of Texas School of Law Supreme Court Clinic 727 East Dean Keeton Street Austin, TX 78705 ebusby@law.utexas.edu | 7139660409 |
| Party name: Texas Medical-Legal Partnerships | ||
| James A. Campbell Counsel of Record | Nebraska Attorney General's Office 2115 State Capitol Lincoln, NE 68509 jim.campbell@nebraska.gov | 402-471-2682 |
| Party name: State of Nebraska | ||
| Kenneth Young Choe Counsel of Record | Hogan Lovells US, LLP 555 13th Street, N.W. Washington, DC 20004 ken.choe@hoganlovells.com | 202 637 5675 |
| Party name: Health Care Provider Organizations and Patient Groups | ||
| Thomas M. Fisher Counsel of Record | Indiana AG's Office, IGC S., 5th Fl. 302 W. Washington Indianapolis, IN 46204 tom.fisher@atg.in.gov | 317-232-6255 |
| Party name: States of Indiana, et al., | ||
| David C. Frederick Counsel of Record | Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. 1615 M Street, NW, Suite 400 Washington, DC 20036-3209 dfrederick@kellogghansen.com | 202-326-7900 |
| Party name: Leukemia & Lymphoma Society | ||
| Maame Gyamfi Counsel of Record | AARP Foundation 601 E Street NW Washington, DC 20049 mgyamfi@aarp.org | 202-434-6291 |
| Party name: AARP, et al. | ||
| Jeffrey Matthew Harris Counsel of Record | Consovoy McCarthy PLLC 1600 Wilson Blvd. Suite 700 Arlington, VA 22209 jeff@consovoymccarthy.com | 202-321-4120 |
| Party name: Foundation for Government Accountability | ||
| Judith Riccardi Nemsick Counsel of Record | Holland & Knight LLP 31 West 52nd Street, 12th Floor New York, NY 10019 judith.nemsick@hklaw.com | 212-513-3200 |
| Party name: The National Women's Law Center, et al. | ||
| Edward Todd Waters Counsel of Record | Feldesman Tucker Leifer Fidell LLP 1129 20th Street, NW, Suite 400 Washington, DC 20036 ewaters@feldesmantucker.com | 202-466-8960 |
| Party name: Public Health, Healthy Policy and Medicine Deans, Chairs and Scholars | ||