No. 21A240
Title:Joseph R. Biden, Jr., President of the United States, et al., Applicants
v.
Missouri, et al.
Docketed:December 16, 2021
Lower Ct:United States Court of Appeals for the Eighth Circuit
   Case Numbers:(21-3725)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Dec 16 2021Application (21A240) for a stay, submitted to Justice Kavanaugh.
Proof of ServiceMain DocumentLower Court Orders/Opinions
Dec 17 2021Response to application (21A240) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021.
Dec 21 2021Motion for leave to file amici curiae brief filed by American Medical Association, et al.
Main DocumentProof of ServiceOther
Dec 22 2021Application (21A240) referred to the Court.
Dec 22 2021Consideration of the application (21A240) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. Consideration of the application (No. 21A241) for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022.
Dec 22 2021Motion for leave to file amici curiae brief filed by Service Employees International Union, et al.
Main DocumentOtherProof of Service
Dec 23 2021Because the Court has consolidated these applications for oral argument, future filings and activity in 21A240 and 21A241 will now be reflected on the docket of No. 21A240. Subsequent filings must therefore be submitted through the electronic filing system in No. 21A240. Any document submitted in connection with either of these applications must include on its cover the application number and caption for each application in which the filing is intended to be submitted. Where a filing is submitted in only one application, the docket entry will reflect that; a document filed in both applications will be noted as “VIDED.”
Dec 23 2021Replies, if any, shall be filed by 10 a.m., Monday, January 3, 2022. VIDED.
Dec 23 2021Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED.
Main DocumentProof of ServiceOther
Dec 27 2021Motion for leave to file amici curiae brief filed by Former Secretaries of Health and Human Services, et al. VIDED.
Main DocumentProof of ServiceOther
Dec 28 2021Motion for divided argument filed by respondents. VIDED.
Main DocumentProof of Service
Dec 30 2021Motion for divided argument filed by respondents GRANTED. VIDED.
Dec 30 2021Response to application from respondent Missouri, et al. filed.
Main DocumentMain DocumentProof of Service
Dec 30 2021Response to application from respondents Louisiana, et al. filed. VIDED.
Main DocumentProof of Service
Dec 30 2021Motion for leave to file amici curiae brief filed by Baptist Homes & Healthcare Ministries, et al.
Main DocumentOtherProof of Service
Jan 03 2022Reply of applicants Joseph R. Biden, et al. filed. VIDED.
Proof of ServiceReply
Jan 03 2022Motion for leave to file amicus curiae brief filed by Reliant Care Mangement Company, L.L.C. VIDED.
Main DocumentProof of ServiceOther
Jan 03 2022Motion for leave to file amici curiae brief filed by Doctors for Disaster Preparedness and Eagle Forum Education & Legal Defense Fund.
Main DocumentOtherProof of Service
Jan 07 2022Argued. For applicants in 21A240 and 21A241: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents in 21A240: Jesus A. Osete, Deputy Attorney General, Jefferson City, Mo. For respondents in 21A241: Elizabeth Murrill, Solicitor General, Baton Rouge, La. VIDED.
Jan 13 2022The applications for stay presented to JUSTICE ALITO (21A241) and JUSTICE KAVANAUGH (21A240) and by them referred to the Court are granted. The District Court for the Eastern District of Missouri’s November 29, 2021, order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Eighth Circuit and the disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. The District Court for the Western District of Louisiana’s November 30, 2021, order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Fifth Circuit and the disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Opinion per curiam. Thomas, J., filed a dissenting opinion, in which Alito, Gorsuch and Barrett, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, Gorsuch and Barrett, JJ., joined. VIDED.

NAMEADDRESSPHONE
Attorneys for Petitioners
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: Joseph R. Biden, et al.
Attorneys for Respondents
Drew Curtis Ensign
    Counsel of Record
Office of the Attorney General
2005 N. Central Avenue
Phoenix, AZ 85004

drew.ensign@azag.gov
602-542-5025
Party name: State of Arizona
Jesus Armando OseteOffice of the Attorney General of Missouri
Supreme Court Building
207 W. High St., P.O. Box 899
Jefferson City, MO 65102

Jesus.Osete@ago.mo.gov
5737511800
Party name: State of Missouri, et al.
D. John Sauer
    Counsel of Record
Office of the Attorney General
Supreme Court Building, 207 West High Street
P.O. Box 899
Jefferson City, MO 65102

john.sauer@ago.mo.gov
573-751-3321
Party name: State of Missouri, et al.
Other
Jessica Anne Morton
    Counsel of Record
Democracy Forward Foundation
P.O. Box 34553
Washington, DC 20043

jmorton@democracyforward.org
202-843-1642
Party name: American Medical Association, et al.
Barbara Jane Chisholm
    Counsel of Record
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, CA 94108

bchisholm@altber.com
4154217151
Party name: Service Employees International Union; American Federation of Teachers; and American Federation of State, County, and Municipal Employees
Deepak Gupta
    Counsel of Record
Gupta Wessler PLLC
2001 K Street NW
Suite 850 North
Washington, DC 20006

deepak@guptawessler.com
(202) 888-1741
Party name: American Public Health Association, Association of American Medical Colleges, 22 deans of leading academic programs, and 126 leading public health and health policy scholars
Andrew John Pincus
    Counsel of Record
Mayer Brown LLP
1999 K Street, NW
Washington, DC 20006

apincus@mayerbrown.com
202-263-3220
Party name: Former Secretaries of Health and Human Services, Former Administrators of the Centers for Medicare and Medicaid Services, and Other Former Federal Health Officials
Andrew L. Schlafly
    Counsel of Record
939 Old Chester Road
Far Hills, NJ 07931

aschlafly@aol.com
908-719-8608
Party name: Doctors for Disaster Preparedness and Eagle Forum Education & Legal Defense Fund
Michael Thomas Raupp
    Counsel of Record
Husch Blackwell LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112

michael.raupp@huschblackwell.com
816-983-8000
Party name: Reliant Care Mangement Company, L.L.C.
Jonathan Radford Whitehead
    Counsel of Record
Law Offices of Jonathan R. Whitehead, LLC
229 SE Douglas St., Ste 210
Lee's Summit, MO 64063

jon@whiteheadlawllc.com
18163988305
Party name: Baptist Homes & Healthcare Ministries and the Christian Life Commission of the Missouri Baptist Convention
Mary Holland
    Counsel of Record
Children's Health Defense
1227 N. Peachtree Parkway
Suite 202
Peachtree City, GA 30269

mary.holland@childrenshealthdefense.org
2028541310
Party name: Nobel Laureate Dr. Luc Montagnier et al