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Oregon v. Cochran

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
20-539 9th Cir. TBD TBD TBD TBD OT 2021

Issues: (1) Whether the Department of Health and Human Services' final rule — which prohibits Title X providers from communicating certain abortion-related information to their patients and requires physical separation of Title X-funded care from healthcare facilities that provide abortion services or certain abortion-related information — violates appropriations statutes requiring that “all pregnancy counseling” in the Title X program “shall be nondirective”; (2) whether the final rule violates Section 1554 of the Affordable Care Act, which prohibits HHS from promulgating “any regulation” that creates “unreasonable barriers” to obtaining appropriate medical care, impedes “timely access” to such care, interferes with patient-provider communications “regarding a full range of treatment options,” restricts providers from disclosing “all relevant information to patients making health care decisions,” or violates providers’ ethical standards; and (3) whether the final rule is arbitrary and capricious, in violation of the Administrative Procedure Act, including by failing to respond adequately to concerns that (a) the rule requires medical professionals to violate medical ethics and (b) the counseling restrictions and physical-separation requirement impose significant costs and impair access to care.

DateProceedings and Orders (key to color coding)
Oct 05 2020Petition for a writ of certiorari filed. (Response due November 23, 2020)
Nov 12 2020Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.
Nov 13 2020Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2020.
Dec 04 2020Brief for the Federal Respondents filed. VIDED.
Dec 22 2020Reply of petitioners Oregon, et al. filed. (Distributed)
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Jan 19 2021DISTRIBUTED for Conference of 1/22/2021.
Feb 12 2021DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021Petition GRANTED. The petitions for writs of certiorari in Nos. 20-429 and 20-454 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Feb 22 2021Because 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. 20-429. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-429. 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.”