No. 20A34

Food and Drug Administration, et al. v. American College of Obstetricians and Gynecologists, et al.

Lower Court: Fourth Circuit
Docketed: 2020-08-26
Status: Presumed Complete
Type: A
Amici (3) Experienced Counsel
Tags: None
Latest Conference: N/A

Question presented not available.

Docket Entries

2021-01-12
Application (20A34) granted by the Court. The application for stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted, and the district court’s July 13, 2020 order granting a preliminary injunction is stayed pending disposition of the appeal in the United States Court of Appeals for the Fourth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. JUSTICE BREYER would deny the application. CHIEF JUSTICE ROBERTS, concurring in the grant of application for stay. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20a34_3f14.pdf'>Opinion</a>). JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN joins, dissenting from grant of application for stay. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20a34_3f14.pdf#page=3'>Opinion</a>).
2020-12-22
Supplemental brief of respondents American College of Obstetricians and Gynecologists, et al. filed.
2020-12-16
Response to supplemental brief requested by The Chief Justice, due Tuesday, December 22, by 3 p.m.
2020-12-15
Supplemental brief of applicants Food and Drug Administration, et al. filed.
2020-10-08
Application (20A34) referred to the Court.
2020-10-08
The Government seeks a stay of an injunction preventing the Food and Drug Administration from enforcing in-person dispensation requirements for the drug mifepristone during the pendency of the public health emergency. The Government argues that, at a minimum, the injunction is overly broad in scope, given that it applies nationwide and for an indefinite duration regardless of the improving conditions in any individual State. Without indicating this Court’s views on the merits of the District Court’s order or injunction, a more comprehensive record would aid this Court’s review. The Court will therefore hold the Government’s application in abeyance to permit the District Court to promptly consider a motion by the Government to dissolve, modify, or stay the injunction, including on the ground that relevant circumstances have changed. See Febre v. United States, 396 U. S. 1225, 1225–1226 (1969) (Harlan, J., in chambers); see also Parr v. United States, 351 U. S. 513, 520 (1956). The District Court should rule within 40 days of receiving the Government’s submission. JUSTICE ALITO, with whom JUSTICE THOMAS joins, dissenting. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20a34_nmjp.pdf'>Opinion</a>).
2020-09-10
Reply of applicants Food and Drug Administration, et al. filed.
2020-09-08
Response to application from respondents American College of Obstetricians and Gynecologists, et al. filed.
2020-09-08
Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by New York, et al.
2020-09-08
Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by American Medical Association, et al.
2020-08-28
Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Indiana, et al.
2020-08-27
Response to application (20A34) requested by The Chief Justice, due Tuesday, September 8, by noon.
2020-08-26
Application (20A34) for a stay, submitted to The Chief Justice.

Attorneys

American College of Obstetricians and Gynecologists, et al.
Julia Heather KayeAmerican Civil Liberties Union Foundation, Respondent
Medical Associations
Kimberly A. ParkerWilmer, Cutler & Pickering, Amicus
New York, et al.
Barbara Dale UnderwoodSolicitor General, Amicus
State of Indiana, et al.
Thomas M. FisherOffice of the Indiana Attorney General, Amicus
United States Food and Drug Administration, et al.
Jeffrey B. WallActing Solicitor General, Petitioner