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Docket for 20-37
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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
 
Proceedings and Orders
Jul 13 2020 Petition for a writ of certiorari filed. (Response due August 17, 2020)
Petition Proof 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 Document Proof of Service Certificate of Word Count
Oct 16 2020 Brief of respondents Charles Gresham, et al. in opposition filed. VIDED.
Main Document Certificate of Word Count Proof 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 Document Proof 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 Service Main 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 Document Certificate of Word Count Proof of Service
Jan 19 2021 Brief of Federal Petitioners filed. VIDED.
Main Document Proof of Service
Jan 19 2021 Brief of petitioner State of Arkansas filed. VIDED.
Main Document Proof of Service Certificate of Word Count
Jan 26 2021 Brief amicus curiae of State of Nebraska filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Jan 26 2021 Brief amici curiae of States of Indiana, et al., filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Jan 26 2021 Brief amicus curiae of Foundation for Government Accountability filed. VIDED.
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof 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 Document Proof 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 Document Other Proof of Service
Feb 22 2021 CIRCULATED.
Feb 23 2021 Brief amicus curiae of Nebraska Appleseed filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof 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 Document Proof of Service
Feb 24 2021 Brief amici curiae of The National Women's Law Center, et al. filed. (Distributed). VIDED
Main Document Proof of Service Certificate 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 Document Certificate of Word Count Proof of Service
Feb 25 2021 Brief amici curiae of AARP, et al. filed. (Distributed) VIDED
Main Document Certificate of Word Count Proof of Service
Feb 25 2021 Brief amici curiae of Leukemia & Lymphoma Society, et al. filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Feb 25 2021 Brief amici curiae of Texas Medical-Legal Partnerships filed. VIDED. (Distributed)
Main Document Proof of Service Certificate of Word Count
Feb 25 2021 Brief amici curiae of Public Health, Healthy Policy and Medicine Deans, Chairs and Scholars filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count
Mar 22 2021 Reply of petitioner State of Arkansas filed. VIDED. (Distributed)
Main Document Proof of Service Certificate 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 Document Proof 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
Attorneys
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
Ph: 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
Ph: 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
Ph: 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
Ph: 6032713650
Party name: New Hampshire Department of Health and Human Services


Other Attorneys
Jaclyn Niccole Warr
Counsel of Record
Stinson LLP
7700 Forsyth Blvd.
Suite 1100
Clayton, MO 63122
nicci.warr@stinson.com
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 202-466-8960
Party name: Public Health, Healthy Policy and Medicine Deans, Chairs and Scholars

 

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