June Medical Services LLC V. Russo - Scotusblog
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9/4/2020 June Medical Services LLC v. Russo - SCOTUSblog Search Blog or Docket Blog Docket June Medical Services LLC v. Russo Consolidated with: Russo v. June Medical Services LLC Docket No. Op. Below Argument Opinion Vote Author Term 18-1323 5th Cir. Mar 4, 2020 Jun 29, 2020 5-4 Breyer OT 2019 Tr. Aud. Holding: Louisiana's Unsafe Abortion Protection Act, requiring doctors who perform abortions to have admitting privileges at a nearby hospital, is unconstitutional. Judgment: Reversed, 5-4, in an opinion by Justice Breyer on June 29, 2020. Justice Breyer announced the judgment of the court and delivered an opinion, in which Justices Ginsburg, Sotomayor and Kagan joined. Chief Justice Roberts filed an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined, Justice Thomas joined except as to Parts III–C and IV–F and Justice Kavanaugh joined as to Parts I, II and III. Justice Gorsuch filed a dissenting opinion. Justice Kavanaugh filed a dissenting opinion. SCOTUSblog Coverage Symposium: How to count to one (John Knepper) Symposium: June Medical and the many faces of judicial discretion (Jane Schacter) Symposium: June Medical Services v. Russo: When a “win” is not a win (Gretchen Borchelt) Symposium: The chief justice restores the Casey standard even while undermining women’s interests in Louisiana (Erika Bachiochi) Symposium: June Medical decision is no cause for congressional complacency (Richard Blumenthal) Symposium: Chief Justice Roberts reins in the cavalry of abortion providers charging toward the elimination of abortion regulation (Cynthia Yee-Wallace) Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated) (Amy Howe) Live blog of orders and opinions (Update: Completed) (Kalvis Golde) Abortion and the structure of the CFPB: Marcia Coyle joins Amy Howe to discuss last week's oral arguments (SCOTUStalk) A “view” from the courtroom: “Strong feelings” in the latest abortion case (Mark Walsh) Argument analysis: Justices grapple with Louisiana abortion law (Updated) (Amy Howe) Argument preview: Abortion debate returns to the Roberts Court (Amy Howe) Symposium: June Medical Services and the future of Article III standing in abortion cases (Leah Litman and Steve Vladeck) Symposium: Congress to Supreme Court: Abortionists don’t represent women (Catherine Glenn Foster and Natalie Hejran) Symposium: Will the Supreme Court legitimate pretext? (Aziza Ahmed) Symposium: After 40+ years it is clear women can speak for themselves (Teresa Stanton Collett) Symposium: Abortion: A right in name only? (Jennifer Dalven) Symposium: A long-awaited opportunity to close the loophole on third-party standing (Denise Harle) 2020 Supreme Court Preview presented by Casetext (part one) (SCOTUStalk) Symposium: June Medical Services – An opportunity to reject invasive appellate review (Fadwa Hammoud) Symposium: As states seek to protect women, the court with June Medical Services has multiple ways to end abortion litigation free-for- all (Thomas Fisher) Symposium: Abortion debate returns to the Roberts Court (Amy Howe) Federal government’s brief in abortion case supports Louisiana’s position, raises possibility of overruling Whole Woman’s Health (Amy Howe) Abortion, CFPB cases scheduled for February sitting (Amy Howe) Justices grant new cases for upcoming term, will tackle Louisiana abortion dispute (Amy Howe) Symposium: Party of five? Setting the table for Roe v. Wade (Melissa Murray) ThSisy mwpeobssiuitme: mRoaey …u soer wcaoiot?k i(eCso rtroe citmedp)r o(Hvel eyno Aulrv aerxep) erience. We'll assume you're ok with this, but you can leave if you wish. Accept Abortion providers ask Supreme Court to take up appeal (Amy HowRe)ead More Privacy - Terms https://www.scotusblog.com/case-files/cases/june-medical-services-llc-v-russo/ 1/6 9/4/2020 June Medical Services LLC v. Russo - SCOTUSblog Tom Goldstein unpacks stay in Louisiana abortion case (SCOTUStalk) Symposium: The “intensely factual” question of physicians’ admitting privileges (Robin Fretwell Wilson) Symposium: June Medical should be summarily reversed (Jonathan B. Miller) Symposium: On a petition that does not exist (Kyle Hawkins) Symposium: In the Louisiana abortion case, maybe the best defense is a good offense (Michael Dorf) Symposium: Undue burden, balancing test or bright line? Court should take the Louisiana admitting-privileges case to clarify the meaning of Whole Woman’s Health (Catherine Glenn Foster) Symposium: The rule of law is at stake -- the Supreme Court must take June Medical Services v. Gee and uphold the right to abortion (Fatima Goss Graves) Abortion could return to the Supreme Court: In Plain English (Amy Howe) OT2018 #18: "Rorschach Test" (First Mondays) Justices grant stay, block Louisiana abortion law from going into effect (Amy Howe) Justices asked to enter abortion fray (Updated) (Amy Howe) Date Proceedings and Orders (key to color coding) Jan 28 2019 Application (18A774) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Alito. Jan 29 2019 Response to application (18A774) requested by Justice Alito, due Thursday, January 31, 2019, by 3:00 p.m. ET. Jan 31 2019 Response to application from respondent Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals filed. Feb 01 2019 Reply of applicants June Medical Services, L.L.C., et al. filed. Feb 01 2019 Because the filings regarding the application for a stay in this matter were not completed until earlier today and the Justices need time to review these filings, the issuance of the mandate of the United States Court of Appeals for the Fifth Circuit, case No. 17-30397, is administratively stayed through Thursday, February 7, 2019. This order does not reflect any view regarding the merits of the petition for a writ of certiorari that applicants represent they will file. Feb 07 2019 Application (18A774) referred to the Court. Feb 07 2019 Application (18A774) granted by the Court. The application for a stay presented to JUSTICE ALITO and by him referred to the Court is granted, and the mandate of the United States Court of Appeals for the Fifth Circuit in case No. 17-30397 is stayed pending the timely filing and disposition of a petition for a writ of certiorari. 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 THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE KAVANAUGH would deny the application. JUSTICE KAVANAUGH, dissenting from grant of application for stay. (Detached Opinion) Apr 17 2019 Petition for a writ of certiorari filed. (Response due May 20, 2019) Apr 30 2019 Motion to extend the time to file a response from May 20, 2019 to July 19, 2019, submitted to The Clerk. May 03 2019 Motion to extend the time to file a response is granted and the time is extended to and including July 19, 2019. May 20 2019 Brief amici curiae of Former Federal Judges and Department of Justice Officials filed. May 20 2019 Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. Jun 21 2019 Brief amicus curiae of Senator Josh Hawley in support of respondent filed. VIDED. Jun 24 2019 Amicus brief of 2,556 Operation Outcry Women Injured By Abortion and The Justice Foundation not accepted for filing. (June 27, 2019) Jul 19 2019 Brief of respondent Rebekah Gee, Secretary of the Louisiana Department of Health and Hospitals in opposition filed. Sep 06 2019 Reply of petitioners June Medical Services L.L.C., et al. filed. Sep 11 2019 DISTRIBUTED for Conference of 10/1/2019. Oct 04 2019 Petition GRANTED. The petition for a writ of certiorari in No. 18-1460 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. Oct 04 2019 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. 18-1323. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1323. 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.” Oct 15 2019 Joint motion for an extension of time to file the briefs on the merits filed. VIDED. TOhicst 2w2e 2b0s1it9e may use cookiUesp otno ciomnpsirdoevreat iyoonu orf ethxep ejoriinetn mceo.t iWone f'ollr aasns euxmteen syioonu 'orfe t iomke wtoit hfi leth tihse, bruiet fys ooun cthaen m leraivtse, pife tyitoioun weriss hin. NoA. c1c8e-pt 1323 shall file an opening brief limitedR teoa tdhe M quoersetions presented in its petition on or before Monday, November Priv25acy, - Terms https://www.scotusblog.com/case-files/cases/june-medical-services-llc-v-russo/ 2/6 9/4/2020 June Medical Services LLC v. Russo - SCOTUSblog 2019. The brief is to bear a light blue cover and is limited to 13,000 words. Respondent in No. 18-1323 shall file a consolidated opening brief on the questions presented in both cases on or before Thursday, December 26, 2019. The brief is to bear a light red cover and is limited to 21,500 words. Petitioners in No. 18-1323 shall file consolidated opening brief and reply on or before Friday, January 17, 2020. The brief is to bear a yellow cover and is limited to 14,500 words.