Cline v. Oklahoma Coalition for Reproductive Justice

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Cline v. Oklahoma Coalition for Reproductive Justice

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-1094	Ok.	Not Argued	Nov 4, 2013	TBD	Per Curiam	OT 2013

Issue: Whether the Oklahoma Supreme Court erred in holding – without analysis or discussion – that the Oklahoma law requiring that abortion-inducing drugs be administered according to the protocol described on the drugs’ FDA-approved labels is facially unconstitutional under Planned Parenthood v. Casey. Pursuant to the Revised Uniform Certification of Questions of Law Act, Okla. Stat., Tit. 20, §1601 et seq. (West 2002), respectfully certifies to the Supreme Court of Oklahoma the following question: Whether H.B. No. 1970, Section 1, Chapter 216, O.S.L. 2011 prohibits: (1) the use of misoprostol to induce abortions, including the use of misoprostol in conjunction with mifepristone according to a protocol approved by the Food and Drug Administration; and (2) the use of methotrexate to treat ectopic pregnancies. Further proceedings in this case are reserved pending receipt of a response from the Supreme Court of Oklahoma.

Judgment: Dismissed as improvidently granted. in a per curiam opinion on November 4, 2013.

Court won't rule on RU-486 abortions (Lyle Denniston)
New conflict on RU-486 abortions (Lyle Denniston)
Oklahoma anti-abortion law explained (Lyle Denniston)
Cline symposium: Another correction of the abortion distortion coming? (Casey Mattox)
Cline symposium: Oklahoma law could force doctors to provide substandard medical care to women using medications to end a pregnancy (Jennifer Blasdell and Nancy Stanwood)
Cline symposium: Do the right thing (Louise Melling)
Cline symposium: Abortion, states' medical authority, and the "undue burden" test (Helen Alvare)
Cline symposium: What justifies bad medicine? (Priscilla Smith)
Cline v. Oklahoma Coalition for Reproductive Justice: Once more unto the breach (O. Carter Snead)
Symposium announcement: Cline v. Oklahoma Coalition for Reproductive Justice (Kali Borkoski)
New test on abortion rights (Lyle Denniston)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Mar 4 2013	Petition for a writ of certiorari filed. (Response due April 8, 2013)
Mar 26 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Apr 1 2013	Waiver of right of respondents Oklahoma Coalition for Reproductive Justice, et al. to respond filed.
Apr 5 2013	Brief amici curiae of Women and Families Hurt by RU-486 filed.
Apr 8 2013	Brief amici curiae of Family Research Council, and Alliance Defending Freedom filed.
Apr 8 2013	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Apr 8 2013	Brief amicus curiae of Dr. John Thorp, M.D., et al. filed.
Apr 8 2013	Brief amici curiae of 79 Oklahoma Legislators filed.
Apr 16 2013	DISTRIBUTED for Conference of May 9, 2013.
Apr 22 2013	Response Requested . (Due May 22, 2013)
May 16 2013	Order extending time to file response to petition to and including May 28, 2013.
May 28 2013	Brief of respondents Oklahoma Coalition for Reproductive Justice, et al. in opposition filed.
Jun 3 2013	Reply of petitioners Terry Cline, et al. filed. (Distributed)
Jun 4 2013	DISTRIBUTED for Conference of June 20, 2013.
Jun 25 2013	DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013	Petition GRANTED. This Court, pursuant to the Revised Uniform Certification of Questions of Law Act, Okla. Stat., Tit. 20 Sec. 1601 et seq. (West 2002) respectfully certifies to the Supreme Court of Oklahoma the following question: Whether H. B. No. 1970, Section 1, Chapter 216, O.S.L. 2011 prohibits: (1) the use of misoprostol to induce abortions, including the use of misoprostol in conjunction with mifepristone according to a protocol approved by the Food and Drug Administration; and (2) the use of methotrexate to treat eptopic pregnancies. Further proceedings in this case are reserved pending receipt of a response from the Supreme Court of Oklahoma.
Oct 29 2013	Answer to certified questions filed.
Nov 4 2013	Writ of certiorari DISMISSED as improvidently granted.
Dec 6 2013	MANDATE ISSUED.

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The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
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  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
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  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
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  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
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- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
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- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
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Cases argued	69
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Summary reversals	5
Merits cases granted to date	73

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