No. 20-454
Vide 20-429, 20-539
Title:Xavier Becerra, Secretary of Health and Human Services, et al., Petitioners
v.
Mayor and City Council of Baltimore
Docketed:October 8, 2020
Lower Ct:United States Court of Appeals for the Fourth Circuit
   Case Numbers:(19-1614)
   Decision Date:September 3, 2020
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Oct 07 2020Petition for a writ of certiorari filed. (Response due November 9, 2020)
PetitionProof of Service
Oct 30 2020Motion to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
Main Document
Nov 02 2020Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2020.
Nov 03 2020Blanket Consent filed by Petitioner, Alex M. Azar, et al.
Blanket Consent
Nov 03 2020Blanket Consent filed by Respondent, Mayor and City Council of Baltimore
Blanket Consent
Nov 09 2020Brief amici curiae of American Association of Pro-Life Obstetricians & Gynecologists, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Dec 05 2020Motion to extend the time to file a response from December 9, 2020 to February 5, 2021, submitted to The Clerk.
Main Document
Dec 07 2020Petitioners response to motion for further extension of time to file a response filed.
Main Document
Dec 08 2020Motion to extend the time to file a response is granted in part; the time is further extended to and including December 14, 2020.
Dec 08 2020Letter 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
Dec 14 2020Brief of respondent Mayor and City Council of Baltimore in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020Reply of petitioners Alex M. Azar, et al. filed. (Distributed)
Main DocumentCertificate of Word Count
Jan 19 2021DISTRIBUTED for Conference of 1/22/2021.
Feb 12 2021DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021Petition GRANTED. The petitions for writs of certiorari in Nos. 20-429 and 20-539 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Feb 22 2021Because 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. 20-429. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-429. 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 12 2021Joint stipulation to dismiss the case pursuant to Rule 46.1 filed.
Proof of ServiceMain Document
May 17 2021The Government has filed a letter brief representing that it will continue enforcing the challenged rule and regulations outside the State of Maryland for as long as they remain operative. If further litigation is brought against the challenged rule and regulations outside of Maryland, the Government represents that it will either oppose that litigation on threshold grounds or seek to hold the litigation in abeyance pending the completion of notice and comment. In light of the Government’s representations, the motions for leave to intervene are denied, and the petitions in Nos. 20-429, 20-454, and 20-539 are dismissed pursuant to Rule 46.1. If the Government fails to enforce the challenged rule and regulations outside of Maryland prior to the completion of notice and comment, or if litigation is brought against the challenged rule and regulations outside of Maryland, any aggrieved party may file an application in this Court after seeking relief in the appropriate District Court and Court of Appeals. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the motions for leave to intervene and deny the stipulations to dismiss the petitions.

NAMEADDRESSPHONE
Attorneys for Petitioners
Elizabeth B. Prelogar
    Counsel of Record
Acting 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 Respondent
Andrew Timothy Tutt
    Counsel of Record
Arnold & Porter Kaye Scholer
601 Massachusetts Ave. NW
Washington, DC 20001

andrew.tutt@arnoldporter.com
202-942-5000
Party name: Mayor and City Council of Baltimore
Other
John J. Bursch
    Counsel of Record
Alliance Defending Freedom
440 First Street NW
Suite 600
Washington, DC 20001

jbursch@adflegal.org
(616) 450-4235
Party name: American Association of Pro-Life Obstetricians & Gynecologists, et al.