Editor's Note :

close editor's note Editor's Note :

We're currently hosting a symposium on Tuesday's decision in Espinoza v. Montana Department of Revenue. Click to follow along.
We also hosted a symposium on Monday's decision in June Medical Services v. Russo. Click to read the submissions.

Briefly Mentioned :

Briefly Noted :

On Thursday, the court released orders from the July 1 conference. The justices granted five cases for a total of four hours of oral argument next term.
On Monday, we expect the court to release opinions at 10 a.m. We will be live-blogging starting at 9:20 a.m. at this link, where you can sign up for an email reminder when the live blog begins.

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Russo v. June Medical Services LLC

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
18-1460 5th Cir. Mar 4, 2020
Tr.Aud. 		Jun 29, 2020 5-4 Breyer OT 2019

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

DateProceedings and Orders (key to color coding)
May 20 2019Petition for a writ of certiorari filed. (Response due June 24, 2019)
Jun 03 2019Motion to extend the time to file a response from June 24, 2019 to August 23, 2019, submitted to The Clerk.
Jun 05 2019Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2019.
Jun 21 2019Brief amicus curiae of Senator Josh Hawley filed. VIDED.
Jun 24 2019Brief amicus curiae of Americans United for Life filed.
Jun 24 2019Amicus brief of 2,556 Operation Outcry Women Hurt By Abortion and The Justice Foundation not accepted for filing. (June 24, 2019 -- Corrected version to be submitted)
Jun 24 2019Brief amici curiae of State of Indiana, et al. filed.
Jun 24 2019Amicus brief of American Center for Law and Justice not accepted for filing. (June 27, 2019)(Corrected version submitted)
Jun 24 2019Brief amicus curiae of American Center for Law and Justice filed.
Jun 24 2019Brief amici curiae of 2,556 Operation Outcry Women Hurt By Abortion and The Justice Foundation filed.
Aug 23 2019Brief of respondents June Medical Services L.L.C., et al. in opposition filed.
Sep 09 2019Reply of petitioner Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals filed.
Sep 11 2019DISTRIBUTED for Conference of 10/1/2019.
Oct 04 2019Petition GRANTED. The petition for a writ of certiorari in No. 18-1323 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Oct 04 2019Because 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.”
Nov 26 2019SET FOR ARGUMENT on Wednesday, March 4, 2020. VIDED.
Jan 09 2020Record requested from the U.S.C.A. 5th Circuit.
Jan 10 2020The record from the U.S.C.A. 5th circuit is electronic and located on PACER.
Jan 21 2020CIRCULATED
Mar 04 2020Argued. For June Medical Services L.L.C., et al.: Julie Rikelman, New York, N. Y. For Stephen Russo, Interim Secretary, Louisiana Department of Health and Hospitals: Elizabeth Murrill, Solicitor General, Baton Rouge, La.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
Jun 29 2020Judgment REVERSED. Breyer, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined, in which Thomas, J., joined except as to Parts III–C and IV–F, and in which Kavanaugh, J., joined as to Parts I, II, and III. Gorsuch, J., and Kavanaugh, J., filed dissenting opinions. VIDED.
 
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