No. 24-1221

Susan Neese, et al. v. Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al.

Lower Court: Fifth Circuit
Docketed: 2025-05-30
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-law article-iii-standing federal-funding healthcare-discrimination mootness summary-vacatur
Key Terms:
AdministrativeLaw SocialSecurity EmploymentDiscrimina Privacy JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Should the Court summarily vacate the court of appeals' judgment under United States v. Munsingwear, Inc., and remand with instructions to dismiss the case?

Question Presented (OCR Extract)

The petitioners are challenging the legality of a Noti-fication issued by former HHS Secretary Xavier Becerra in May of 2021, which declares that section 1557 of the Af-fordable Care Act prohibits “discrimination on the basis of gender identity” by health-care providers that receive federal funding. The court of appeals dismissed the peti-tioners’ claims for lack of Article III standing. After the court of appeals issued its ruling, the Trump Administra-tion took office and rescinded the Notification that the pe-titioners were challenging, mooting the petitioners’ law-suit. The question presented is: Should the Court summarily vacate the court of appeals’ judgment under United States v. Mun-singwear, Inc., 340 U.S. 36 (1950), and remand with instructions to dismiss the case? (ii)

Docket Entries

2025-10-06
Petition DENIED.
2025-08-20
Reply of Susan Neese, et al. submitted.
2025-08-20
Reply of petitioners Susan Neese, et al. filed. (Distributed)
2025-08-13
DISTRIBUTED for Conference of 9/29/2025.
2025-07-30
Brief of United States in opposition submitted.
2025-07-30
Brief of respondent United States in opposition filed.
2025-06-13
Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2025.
2025-06-12
Motion of United States for an extension of time submitted.
2025-06-12
Motion to extend the time to file a response from June 30, 2025 to July 30, 2025, submitted to The Clerk.
2025-05-27
Petition for a writ of certiorari filed. (Response due June 30, 2025)
2025-03-03
Application (24A841) granted by Justice Alito extending the time to file until May 31, 2025.
2025-02-27
Application (24A841) to extend the time to file a petition for a writ of certiorari from May 1, 2025 to June 30, 2025, submitted to Justice Alito.

Attorneys

Susan Neese, et al.
Jonathan F. MitchellMitchell Law PLLC, Petitioner
United States
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent