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Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-431 3rd Cir. May 6, 2020
Tr.Aud.
Jul 8, 2020 7-2 Thomas OT 2019

Holding: The Departments of Health and Human Services, Labor and the Treasury had authority under the Affordable Care Act to promulgate rules exempting employers with religious or moral objections from providing contraceptive coverage to their employees.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Thomas on July 8, 2020. Justice Alito filed a concurring opinion, in which Justice Gorsuch joined. Justice Kagan filed an opinion concurring in the judgment, in which Justice Breyer joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 01 2019Petition for a writ of certiorari filed. (Response due November 1, 2019)
Oct 08 2019Blanket Consent filed by Petitioners, The Little Sisters of the Poor Saints Peter and Paul Home.
Oct 22 2019Motion to extend the time to file a response from November 1, 2019 to December 16, 2019, submitted to The Clerk.
Oct 23 2019Letter of October 23, 2019 from counsel for petitioners received.
Oct 24 2019Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019.
Oct 28 2019Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed.
Oct 31 2019Brief amicus curiae of Foundation for Moral Law filed. VIDED.
Nov 01 2019Brief amici curiae of 92 Members of Congress filed. VIDED.
Nov 01 2019Brief amicus curiae of Christian Legal Society filed.
Nov 01 2019Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
Nov 01 2019Brief amici curiae of The Cato Institute filed. VIDED.
Nov 01 2019Brief amicus curiae of First Liberty Institute filed.
Nov 05 2019Brief amici curiae of The States Of Texas,et al. filed. VIDED. (11/5/2019)
Nov 05 2019Amicus brief of The States Of Texas, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Louisiana, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, And West Virginia not accepted for filing. (November 04, 2019)(Corrected version submitted)
Dec 09 2019Brief of respondents Commonwealth of Pennsylvania et al. in opposition filed.
Dec 20 2019Reply of petitioner The Little Sisters of the Poor Saints Peter and Paul Home filed.
Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 17 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-454 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 17 2020Because 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. 19-431. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-431. 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.”
Feb 20 2020Blanket Consent filed by Federal respondents. VIDED.
Feb 21 2020SET FOR ARGUMENT on Wednesday, April 29, 2020. VIDED.
Feb 21 2020Blanket Consent filed by Petitioners, The Little Sisters of the Poor Saints Peter and Paul Home. VIDED.
Feb 21 2020Blanket Consent filed by Respondents, Commonwealth of Pennsylvania et al. VIDED.
Feb 26 2020Record requested from the U.S.C.A. 3rd Circuit.
Feb 27 2020Brief amicus curiae of Foundation for Moral Law filed. VIDED.
Mar 02 2020Brief of petitioner The Little Sisters of the Poor Saints Peter and Paul Home filed (in 19-431).
Mar 02 2020Brief of Donald J. Trump, President of the United States, et al. filed (in 19-454).
Mar 02 2020Motion for leave to dispense with printing the joint appendix in No. 19-454 filed (in 19-454).
Mar 02 2020Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed. VIDED.
Mar 02 2020Brief amici curiae of Inner Life Fund and Institute for Faith and Family filed. VIDED.
Mar 04 2020Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED.
Mar 05 2020Motion for leave to dispense with printing the joint appendix in No. 19-431 filed by petitioner (in 19-431).
Mar 05 2020Amicus brief of The Cato Institute not accepted for filing. (Corrected brief submitted - March 17, 2020)
Mar 05 2020Brief amici curiae of The Cato Institute and Jewish Coalition for Religious Liberty filed. VIDED.
Mar 06 2020Brief amicus curiae of The Catholic Benefits Association filed. VIDED.
Mar 09 2020Motion to dispense with printing the joint appendix in No. 19-454 filed by petitioners GRANTED.
Mar 09 2020Brief amicus curiae of March for Life Education and Defense Fund filed. VIDED
Mar 09 2020Brief amicus curiae of Independent Women's Law Center filed. VIDED
Mar 09 2020Brief amicus curiae of New Civil Liberties Alliance filed. VIDED
Mar 09 2020Brief amici curiae of Nicholas Bagley and Samuel L. Bray filed (in 19-454).
Mar 09 2020Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
Mar 09 2020Brief amici curiae of Constitutional Law Scholars filed. VIDED.
Mar 09 2020Brief amicus curiae of First Liberty Institute filed. VIDED.
Mar 09 2020Brief amici curiae of Michael Stokes Paulsen and Kevin C. Walsh filed (in 19-431).
Mar 09 2020Brief amici curiae of The International Society for Krishna Consciousness, Inc., et al. filed. VIDED.
Mar 09 2020Brief amicus curiae of Christian Business Owners Supporting Religious Freedom filed (in 19-431).
Mar 09 2020Brief amici curiae of 161 Members of Congress filed. VIDED.
Mar 09 2020Brief amici curiae of Women Scholars filed. VIDED.
Mar 09 2020Brief amici curiae of The Catholic Association Foundation, et al. filed. VIDED.
Mar 09 2020Brief amici curiae of The States Of Texas, et al. filed. VIDED.
Mar 09 2020Brief amicus curiae of Professor Douglas Laycock filed. VIDED.
Mar 09 2020Brief amicus curiae of American Center for Law and Justice filed. VIDED
Mar 09 2020Brief amicus curiae of The Knights of Columbus filed. VIDED
Mar 09 2020Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Mar 19 2020CIRCULATED
Mar 19 2020The record received from the U.S.C.A. 3rd Circuit has been electronically filed.
Mar 23 2020Motion to dispense with printing the joint appendix in No. 19-431 filed by petitioner GRANTED.
Apr 01 2020Brief of respondents Commonwealth of Pennsylvania, et al. filed. VIDED. (Distributed)
Apr 03 2020ORAL ARGUMENT POSTPONED. VIDED.
Apr 03 2020Brief amici curiae of CHILD USA, et al. filed. VIDED. (Distributed)
Apr 07 2020Brief amici curiae of Center for Health Law & Policy Innovation of Harvard Law School, et al. filed. VIDED. (Distributed)
Apr 08 2020Motion for divided argument filed by the Solicitor General. VIDED.
Apr 08 2020Brief amici curiae of Professors of Civil Procedure and Federal Courts filed (in 19-454). (Distributed)
Apr 08 2020Brief amici curiae of National League of Cities, United States Conference of Mayers, International City/County Management Association and International Municipal Lawyers Association filed (in 19-454). (Distributed)
Apr 08 2020Brief amici curiae of Church-State Scholars filed. VIDED. (Distributed)
Apr 08 2020Brief amicus curiae of The Guttmacher Institute filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of The American Civil Liberties Union, et al. filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Administrative Law Scholars filed. VIDED. (Distributed)
Apr 08 2020Brief amicus curiae of American Academy of Pediatrics filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of 186 Members of the United States Congress filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Massachusetts, et al., filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Catholics For Choice, et al. filed. VIDED. (Distributed)
Apr 08 2020Brief amicus curiae of Yale Law School Program for the Study of Reproductive Justice filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Professors of Criminal Law, Former State Attorneys General, and Former United States Department of Justice Officials filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of U.S. Women’s Chamber of Commerce, National Association for Female Executives and Businesses filed. VIDED. (Distributed)
Apr 08 2020Brief amicus curiae of Public Citizen filed (in 19-454). (Distributed)
Apr 08 2020Brief amici curiae of Lambda Legal Defense and Education Fund, Inc. and Human Rights Campaign filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Military Historians filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Public Interest Law Center and Five Affiliated Lawyers' Committees filed (in 19-454). (Distributed)
Apr 08 2020Brief amici curiae of Phyllis C. Borzi and Daniel J. Maguire filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Cities of Oakland, St. Paul, and 30 Additional Cities and Counties filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of The National Women’s Law Center, et al. filed. VIDED. (Distributed)
Apr 08 2020Brief amicus curiae of Professor Mila Sohoni filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. (Distributed)
Apr 08 2020Brief amicus curiae of Prof. Martin S. Lederman filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Legal Scholars filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Planned Parenthood Federation of America, et al. filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Religious and Civil-Rights Organizations filed. VIDED. (Distributed). (Corrected brief and PDF filed).
Apr 08 2020Brief amici curiae of Religious and Civil-Rights Organizations filed (April 20, 2020). VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Center for Inquiry, Inc., et al. filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of American Association of University Women, et al. filed. VIDED. (Distributed)
Apr 08 2020Brief amicus curiae of Howard University School of Law, Civil and Human Rights Clinic filed. VIDED. (Distributed)
Apr 13 2020Argument to be rescheduled for May 2020. VIDED.
Apr 15 2020RESCHEDULED FOR ARGUMENT on Wednesday, May 6, 2020. VIDED.
Apr 20 2020Motion of the Solicitor General for divided argument GRANTED. VIDED.
Apr 24 2020Reply of petitioner The Little Sisters of the Poor Saints Peter and Paul Home filed (in 19-431). (Distributed)
Apr 26 2020Reply of petitioners Donald J. Trump, et al. filed (in 19-454). (Distributed)
May 06 2020Argued. For petitioners in 19-454: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D.C. For petitioner in 19-431: Paul D. Clement, Washington, D. C. For respondents: Michael J. Fischer, Chief Deputy Attorney General, Philadelphia, Pa. VIDED.
Jul 08 2020Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed a concurring opinion, in which Gorsuch, J., joined. Kagan, J., filed an opinion concurring in the judgment, in which Breyer, J., joined. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined. VIDED.
 
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