No. 23-1076

Xavier Becerra, Secretary of Health and Human Services, et al. v. Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2024-04-03
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: emergency-medical-treatment federal-preemption health-care healthcare-law labor-act medical-emergency patient-stabilization preemption reproductive-rights state-law
Key Terms:
AdministrativeLaw Environmental SocialSecurity EmploymentDiscrimina Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (AI Summary)

Whether the Emergency Medical Treatment and Labor Act preempts state law in the narrow circumstance where terminating a pregnancy is required to stabilize an emergency medical condition that would otherwise threaten serious harm to the pregnant woman's health but the State prohibits an emergency-room physician from providing that care

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Emergency Medical Treatment and Labor Act, 42 U.S.C. 1395dd, preempts state law in the narrow but important circumstance where terminating a pregnancy is required to stabilize an emergency medical condition that would otherwise threaten serious harm to the pregnant woman’s health but the State prohibits an emergency-room physician from providing that care. (1)

Docket Entries

2024-10-07
Petition DENIED.
2024-09-04
Reply of petitioners Xavier Becerra, Secretary of Health and Human Service, et al. filed. (Distributed)
2024-09-04
Reply of Xavier Becerra, Secretary of Health and Human Service, et al. submitted.
2024-09-04
DISTRIBUTED for Conference of 9/30/2024.
2024-08-21
2024-08-21
Brief of Texas in opposition submitted.
2024-07-15
Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2024, for all respondents.
2024-07-12
Motion to extend the time to file a response is granted and the time is further extended to and including August 21, 2024, for all respondents.
2024-07-12
Motion of respondents American Association of Pro-Life Obstetricians & Gynecologists, et al. to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk.
2024-07-12
Motion of respondents American Association of Pro-Life Obstetricians & Gynecologists, et al.to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk.
2024-07-12
Motion of American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations for an extension of time submitted.
2024-07-09
Motion to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk.
2024-07-09
Motion of Texas for an extension of time submitted.
2024-05-28
The motions to extend the time to file responses are granted and the time is extended to and including July 22, 2024, for all respondents.
2024-05-23
Motion of respondents American Association of Pro-Life Obstetricians & Gynecologists, et al. to extend the time to file a response from June 20, 2024 to July 22, 2024, submitted to The Clerk.
2024-05-23
Motion of respondent Texas to extend the time to file a response from June 20, 2024 to July 22, 2024, submitted to The Clerk.
2024-05-20
Response Requested. (Due June 20, 2024)
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-05-03
Waiver of right of respondent The State of Texas to respond filed.
2024-04-30
Waiver of right of respondents American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations to respond filed.
2024-04-01
Petition for a writ of certiorari filed. (Response due May 3, 2024)

Attorneys

American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations
John J. BurschAlliance Defending Freedom, Respondent
John J. BurschAlliance Defending Freedom, Respondent
Texas
Lanora Christine PettitOffice of the Texas Attorney General, Respondent
Lanora Christine PettitOffice of the Texas Attorney General, Respondent
Xavier Becerra, Secretary of Health and Human Service, et al.
Elizabeth B. Prelogar — Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner