Russo v. June Medical Services LLC

Consolidated with:

June Medical Services LLC v. Russo

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-1460	5th Cir.	Mar 4, 2020	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

Symposium: How to count to one (John Knepper, July 1, 2020)
Symposium: June Medical and the many faces of judicial discretion (Jane Schacter, June 30, 2020)
Symposium: The chief justice restores the Casey standard even while undermining women's interests in Louisiana (Erika Bachiochi, June 30, 2020)
Symposium: June Medical decision is no cause for congressional complacency (Richard Blumenthal, June 30, 2020)
Symposium: June Medical Services v. Russo: When a "win" is not a win (Gretchen Borchelt, June 30, 2020)
Symposium: Chief Justice Roberts reins in the cavalry of abortion providers charging toward the elimination of abortion regulation (Cynthia Yee-Wallace, June 29, 2020)
Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated) (Amy Howe, June 29, 2020)
Live blog of orders and opinions (Update: Completed) (Kalvis Golde, June 29, 2020)
A "view" from the courtroom: "Strong feelings" in the latest abortion case (Mark Walsh, March 4, 2020)
Argument analysis: Justices grapple with Louisiana abortion law (Updated) (Amy Howe, March 4, 2020)
Argument preview: Abortion debate returns to the Roberts Court (Amy Howe, February 26, 2020)
Symposium: June Medical Services and the future of Article III standing in abortion cases (Leah Litman and Steve Vladeck, February 3, 2020)
Symposium: Congress to Supreme Court: Abortionists don't represent women (Catherine Glenn Foster and Natalie Hejran, February 3, 2020)
Symposium: Will the Supreme Court legitimate pretext? (Aziza Ahmed, January 31, 2020)
Symposium: After 40+ years it is clear women can speak for themselves (Teresa Stanton Collett, January 30, 2020)
Symposium: Abortion: A right in name only? (Jennifer Dalven, January 29, 2020)
Symposium: A long-awaited opportunity to close the loophole on third-party standing (Denise Harle, January 29, 2020)
Symposium: June Medical Services – An opportunity to reject invasive appellate review (Fadwa Hammoud, January 28, 2020)
Symposium: As states seek to protect women, the court with June Medical Services has multiple ways to end abortion litigation free-for-all (Thomas Fisher, January 28, 2020)
Symposium: Abortion debate returns to the Roberts Court (Amy Howe, January 27, 2020)
Federal government's brief in abortion case supports Louisiana's position, raises possibility of overruling Whole Woman's Health (Amy Howe, January 3, 2020)
Abortion, CFPB cases scheduled for February sitting (Amy Howe, November 26, 2019)
Justices grant new cases for upcoming term, will tackle Louisiana abortion dispute (Amy Howe, October 4, 2019)

Date	Proceedings and Orders (key to color coding)
05/20/2019	Petition for a writ of certiorari filed. (Response due June 24, 2019)
06/03/2019	Motion to extend the time to file a response from June 24, 2019 to August 23, 2019, submitted to The Clerk.
06/05/2019	Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2019.
06/21/2019	Brief amicus curiae of Senator Josh Hawley filed. VIDED.
06/24/2019	Brief amicus curiae of Americans United for Life filed.
06/24/2019	Amicus 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)
06/24/2019	Brief amici curiae of State of Indiana, et al. filed.
06/24/2019	Amicus brief of American Center for Law and Justice not accepted for filing. (June 27, 2019)(Corrected version submitted)
06/24/2019	Brief amicus curiae of American Center for Law and Justice filed.
06/24/2019	Brief amici curiae of 2,556 Operation Outcry Women Hurt By Abortion and The Justice Foundation filed.
08/23/2019	Brief of respondents June Medical Services L.L.C., et al. in opposition filed.
09/09/2019	Reply of petitioner Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals filed.
09/11/2019	DISTRIBUTED for Conference of 10/1/2019.
10/04/2019	Petition 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.
10/04/2019	Because 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.”
11/26/2019	SET FOR ARGUMENT on Wednesday, March 4, 2020. VIDED.
01/09/2020	Record requested from the U.S.C.A. 5th Circuit.
01/10/2020	The record from the U.S.C.A. 5th circuit is electronic and located on PACER.
01/21/2020	CIRCULATED
03/04/2020	Argued. 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.
06/29/2020	Judgment 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.
07/31/2020	JUDGMENT ISSUED.