Skip to content

Food and Drug Administration v. Alliance for Hippocratic Medicine

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-235 5th Cir. Mar 26, 2024 Jun 13, 2024 9-0 Kavanaugh OT 2023

Holding: Plaintiffs lack Article III standing to challenge the Food and Drug Administration"s regulatory actions regarding mifepristone.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kavanaugh on June 13, 2024. Justice Thomas filed a concurring opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/08/2023Petition for a writ of certiorari filed. (Response due October 12, 2023)
09/29/2023Motion to extend the time to file a response from October 12, 2023 to November 9, 2023, submitted to The Clerk.
09/29/2023Application (23A300) to file consolidated brief in opposition in excess of word limits, submitted to Justice Alito.
10/02/2023Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2023.
10/07/2023Application (23A300) to file consolidated brief in opposition in excess of word limits granted by Justice Alito. The consolidated brief in opposition may not exceed 13,500 words.
10/12/2023Brief amici curiae of Over 600 State Legislators filed. VIDED.
10/12/2023Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED.
10/12/2023Brief amici curiae of Food and Drug Law Scholars filed. VIDED.
10/12/2023Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED.
10/12/2023Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED.
10/12/2023Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED.
10/12/2023Brief amicus curiae of GenBioPro, Inc. filed. VIDED.
10/12/2023Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED.
10/12/2023Brief amici curiae of The City of New York, et al. filed. VIDED.
10/12/2023Brief amici curiae of 257 Members of Congress filed. VIDED.
10/12/2023Brief amici curiae of New York, et al. filed. VIDED.
10/12/2023Brief amici curiae of Doctors for America and The Reproductive Health Coalition filed. VIDED.
10/12/2023Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. VIDED.
10/12/2023Brief amici curiae of Religious Coalition for Reproductive Choice, et al. filed. (10/26/23) VIDED.
11/09/2023Brief of respondents Alliance for Hippocratic Medicine, et al. in opposition filed. VIDED.
11/15/2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
11/21/2023DISTRIBUTED for Conference of 12/8/2023.
11/21/2023Reply of petitioners US Food and Drug Administration, et al. filed. (Distributed)
12/13/2023Petition GRANTED. The petition for a writ of certiorari in No. 23-236 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
12/13/2023Because 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. 23-235. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-235. 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.”
01/22/2024Motion for leave to intervene filed by Missouri, et al. VIDED.
01/23/2024Brief of Federal Petitioners filed. VIDED
01/23/2024Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere. VIDED.
01/23/2024Joint appendix (2 volumes) filed. VIDED.
01/23/2024Brief of petitioner Danco Laboratories, LLC filed. VIDED
01/29/2024SET FOR ARGUMENT on Tuesday, March 26, 2024. VIDED.
01/30/2024Brief amicus curiae of Physicians for Reproductive Health filed. VIDED.
01/30/2024Application (23A712) to file respondents' brief on the merits in excess of the word limit, submitted to Justice Alito.
01/30/2024Brief amici curiae of American Civil Liberties Union Foundation, et al. filed. VIDED.
01/30/2024Brief amici curiae of Reproductive Freedom Alliance filed. VIDED
01/30/2024Brief amici curiae of 237 Reproductive Health, Rights, and Justice Organizations filed. VIDED.
01/30/2024Brief amici curiae of The City of New York and NYC Health + Hospitals, et al. filed. VIDED.
01/30/2024Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED.
01/30/2024Brief amici curiae of Doctors for America and The Reproductive Health Coalition filed. VIDED.
01/30/2024Brief amicus curiae of AANHPI, Black, and Immigrant Women's Organizations filed.
01/30/2024Brief amici curiae of Legal Voice, the National Domestic Violence Hotline, et al. filed. VIDED.
01/30/2024Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED.
01/30/2024Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED.
01/30/2024Brief amici curiae of Food and Drug Law Scholars filed. VIDED.
01/30/2024Brief amici curiae of Freedom from Religion Foundation, et al. filed. VIDED.
01/30/2024Brief amici curiae of American Psychological Association, et al. filed. VIDED.
01/30/2024Brief amici curiae of Over 640 State Legislators filed. VIDED.
01/30/2024Brief amici curiae of Professors David S. Cohen, et al. filed. VIDED.
01/30/2024Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED.
01/30/2024Brief amicus curiae of Women's Bar Association of the District of Columbia filed. VIDED.
01/30/2024Brief amicus curiae of Medical Students for Choice filed. VIDED.
01/30/2024Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED.
01/30/2024Brief amici curiae of National Council of Jewish Women, et al. filed. VIDED.
01/30/2024Brief amicus curiae of GenBioPro, Inc. filed. VIDED.
01/30/2024Brief amici curiae of 263 Members of Congress filed. VIDED.
01/30/2024Brief amicus curiae of Honeybee Health, Inc. filed. VIDED.
01/30/2024Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED.
01/30/2024Brief amicus curiae of Association of American Medical Colleges filed. VIDED.
01/30/2024Brief amicus curiae of Professor F. Andrew Hessick filed. VIDED.
01/30/2024Brief amici curiae of Women Who Have Obtained Medication Abortion Via Telemedicine filed. VIDED.
01/30/2024Brief amici curiae of Former U.S. Department of Justice Officials filed. VIDED.
01/30/2024Brief amici curiae of Disability Rights Education & Defense Fund, et al. filed. VIDED.
01/30/2024Brief amici curiae of New York, et al. filed. VIDED.
01/30/2024Brief amici curiae of Former Military Officials, Civilian National Security Leaders, et al. filed. VIDED.
01/30/2024Brief amici curiae of Public Citizen, et al. filed. VIDED.
01/30/2024Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (Feb. 6, 2024) filed. VIDED.
01/30/2024Brief amici curiae of Over 300 Reproductive Health Researchers filed.(Feb. 28, 2024) VIDED. (Distributed)
01/31/2024Motion of Missouri, et al. for leave to intervene and motion of Gregory J. Roden, as Next Friend of Americans en ventre sa mere for leave to intervene DISTRIBUTED for Conference of 2/16/2024.
01/31/2024Record requested from the United States Court of Appeals for the Fifth Circuit.
02/01/2024Response in opposition to motion of Missouri, et al. for leave to intervene from petitioners US Food and Drug Administration, et al. filed. VIDED. (Distributed)
02/01/2024Response in opposition to motion of Missouri, et al. for leave to intervene from petitioner Danco Laboratories, LLC filed. VIDED (Distributed)
02/01/2024Motion for leave to file amici brief out of time filed by Former Commissioners of the U.S. Food and Drug Administration. VIDED.
02/02/2024Motion for leave to file amicus brief out of time filed by American Bar Association. VIDED.
02/06/2024Reply in support of motion of Missouri, et al. to intervene filed. (Distributed)
02/08/2024Application (23A712) granted by Justice Alito to file respondents' brief on the merits in excess of the word limit provided that the brief does not exceed 18,000 words.
02/09/2024Sealed record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
02/13/2024Public electronic record on appeal received from the United States District Court for the Northern District of Texas (one DVD) and available with the Clerk.
02/13/2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
02/14/2024CIRCULATED
02/20/2024Motion for leave to file amicus brief out of time filed by American Bar Association DENIED.
02/20/2024Motion for leave to file amici brief out of time filed by Former Commissioners of the U.S. Food and Drug Administration GRANTED.
02/20/2024Motion for leave to intervene filed by Missouri, et al. DENIED.
02/20/2024Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere DENIED.
02/22/2024Brief of respondents Alliance for Hippocratic Medicine, et al. filed. VIDED. (Distributed)
02/26/2024Brief amicus curiae of Dr. Allan Sawyer filed. VIDED. (Distributed)
02/26/2024Brief amicus curiae of American Center for Law & Justice filed. VIDED. (Distributed)
02/26/2024Brief amici curiae of World Faith Foundation and Institute for Faith and Family filed. VIDED. (Distributed)
02/27/2024Brief amicus curiae of Students for Life of America filed. VIDED. (Distributed)
02/28/2024Brief amicus curiae of Ethics and Public Policy Center filed. VIDED. (Distributed)
02/28/2024Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED. (Distributed)
02/28/2024Brief amicus curiae of Secretary David L. Bernhardt filed. VIDED. (Distributed)
02/28/2024Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed. VIDED. (Distributed)
02/28/2024Brief amici curiae of Business Leaders filed. VIDED. (Distributed)
02/28/2024Brief amicus curiae of Priests for Life filed. VIDED. (Distributed)
02/28/2024Brief amici curiae of Women and Families Harmed by Mifepristone, et al. filed. VIDED. (Distributed)
02/29/2024Amicus brief of Family Research Council and Martha Shuping, M.D. not accepted for filing. (March 01, 2024--corrected efiling to be submitted.)
02/29/2024Brief amici curiae of Family Research Council, et al. filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of National Hispanic Leadership Conference, et al. filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of Judicial Watch, Inc. filed. VIDED. (Distributed)
02/29/2024Motion for divided argument filed by the Solicitor General. VIDED.
02/29/2024Brief amici curiae of 145 Members of Congress filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Operation Rescue and West Virginians for Life filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Dr. Grazie Pozo Christie and The Catholic Association Foundation filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of The Prolife Center at the University of St. Thomas (MN) filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Southeastern Legal Foundation and Texas Public Policy Foundation filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Human Coalition, et al. filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of Former U.S. Attorney General Edwin Meese III filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of Dr. Calum Miller filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of Robertson Center for Constitutional Law filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Advancing American Freedom, Inc., et al. filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of Mountain States Legal Foundation filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of United States Medical Association filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Women Injured by Abortion filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of Americans United for Life filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Missouri, et al. filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Former U.S. Department of Health and Human Services Officials, et al. filed. VIDED.
02/29/2024Brief amicus curiae of Life Legal Defense Foundation filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of Heartbeat International filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Mississippi, et al. filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of The Elliot Institute, et al. filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Susan B. Anthony Pro-Life America, et al. filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of Democrats for Life of America filed. VIDED. (Distributed)
02/29/2024Brief amici curiae of Gianina Cazan-London MD, et al. filed. VIDED. (Distributed)
02/29/2024Brief amicus curiae of Stanton International filed. VIDED. (Distributed)
03/04/2024Motion for leave to file amicus brief out of time filed by Charlotte Lozier Institute. VIDED. (Distributed)
03/14/2024Reply of petitioners Danco Laboratories, LLC filed. VIDED. (Distributed)
03/15/2024Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
03/15/2024Reply of Federal Petitioners filed. VIDED. (Distributed)
03/18/2024Motion for leave to file amicus brief out of time filed by Charlotte Lozier Institute GRANTED. VIDED.
03/26/2024Argued. For federal petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For petitioner Danco Laboratories, L.L.C.: Jessica L. Ellsworth, Washington, D. C. For respondents: Erin M. Hawley, Washington, D. C. VIDED.
06/13/2024Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED.
07/15/2024Judgment Issued.
08/22/2024Record returned to the United States District Court for the Northern District of Texas.