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Russo v. June Medical Services LLC

Consolidated with June Medical Services LLC v. Russo (18-1323)
Docket No.18-1460
Op. Below5th Cir.
ArgumentMar 4, 2020
Vote5-4
AuthorStephen G. Breyer
OpinionJun 29, 2020
SCOTUS PageOpinion

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 Stephen G. Breyer on Jun 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.

Proceedings & orders timeline

May 20, 2019
Petition for a writ of certiorari filed. (Response due June 24, 2019)Jun 3, 2019
Motion to extend the time to file a response from June 24, 2019 to August 23, 2019, submitted to The Clerk.
Jun 5, 2019
Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2019.
Jun 21, 2019
Brief amicus curiae of Senator Josh Hawley filed. VIDED.Jun 24, 2019
Brief amicus curiae of Americans United for Life filed.
Jun 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)
Jun 24, 2019
Brief amici curiae of State of Indiana, et al. filed.
Jun 24, 2019
Amicus brief of American Center for Law and Justice not accepted for filing. (June 27, 2019)(Corrected version submitted)
Jun 24, 2019
Brief amicus curiae of American Center for Law and Justice filed.Jun 24, 2019
Brief amici curiae of 2,556 Operation Outcry Women Hurt By Abortion and The Justice Foundation filed.Aug 23, 2019
Brief of respondents June Medical Services L.L.C., et al. in opposition filed.Sep 9, 2019
Reply of petitioner Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals filed.
Sep 11, 2019
DISTRIBUTED for Conference of 10/1/2019.
Oct 4, 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.
Oct 4, 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.”
Nov 26, 2019
SET FOR ARGUMENT on Wednesday, March 4, 2020. VIDED.
Jan 9, 2020
Record requested from the U.S.C.A. 5th Circuit.
Jan 10, 2020
The record from the U.S.C.A. 5th circuit is electronic and located on PACER.
Jan 21, 2020
CIRCULATED
Mar 4, 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.
Jun 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.
Jul 31, 2020
JUDGMENT ISSUED.

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