Texas v. California

Consolidated with:

California v. Texas

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-1019	5th Cir.	Nov 10, 2020	Jun 17, 2021	7-2	Breyer	OT 2020

Holding: Plaintiffs lack standing to challenge the Patient Protection and Affordable Care Act's minimum essential coverage provision.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Breyer on June 17, 2021. Justice Thomas filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

SCOTUSblog Coverage

Court again leaves Affordable Care Act in place (Amy Howe, June 17, 2021)
Biden administration notifies court of new position on Affordable Care Act (Amy Howe, February 10, 2021)
Argument analysis: ACA seems likely to survive, but on what ground? (Amy Howe, November 10, 2020)
Symposium: "Schrödinger's tax" is dead – and the command to buy health insurance is unconstitutional (Matthew Forys, November 9, 2020)
Symposium: Severability poses a high-stakes question with (what should be) an easy answer (Pratik Shah, November 9, 2020)
Symposium: The court should not "sever" where the president cannot (Andy Schlafly, November 9, 2020)
Symposium: Enough is enough: The coverage provision is still constitutional and the court should reject this latest pretext for attacking the ACA (Brietta Clark, November 6, 2020)
Symposium: No injury means no standing (Katie Keith, November 5, 2020)
Symposium: The individual plaintiffs in California v. Texas suffer a greater Article III injury than did the individual plaintiffs in NFIB v. Sebelius (Josh Blackman and Ilya Shapiro, November 5, 2020)
Case preview: Justices will consider constitutionality of ACA's individual mandate again (Amy Howe, November 4, 2020)
Court adds extra argument time in Affordable Care Act case (James Romoser, August 24, 2020)
Justices will hear argument in ACA case one week after Election Day (Amy Howe, August 19, 2020)
Obamacare back at the court: Julie Rovner joins SCOTUStalk to preview the newest ACA challenge (SCOTUStalk, August 3, 2020)
"A scalpel rather than a bulldozer": Severability is in the spotlight as the newest ACA challenge looms (Abbe R. Gluck, July 28, 2020)
Justices grant Affordable Care Act petitions (Amy Howe, March 2, 2020)
Petitions of the week (Andrew Hamm, February 28, 2020)

Date	Proceedings and Orders (key to color coding)
02/14/2020	Petition for a writ of certiorari filed. (Response due March 16, 2020)
02/18/2020	Letter of February 18, 2020 from counsel for respondent U.S. House of Representatives filed.
02/19/2020	Letter of February 19, 2020 from counsel for respondent State of California filed.
02/24/2020	DISTRIBUTED for Conference of 2/28/2020.
03/02/2020	Petition GRANTED. The petition for a writ of certiorari in No. 19-840 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
03/02/2020	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. 19-840. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-840. 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.”
08/19/2020	SET FOR ARGUMENT on Tuesday, November 10, 2020. VIDED.
08/31/2020	Record requested from the U.S.C.A. 5th Circuit.
09/02/2020	CIRCULATED
09/10/2020	The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
11/10/2020	Argued. For California, et al.: Michael J. Mongan, Solicitor General, San Francisco, Cal. For U.S. House of Representatives: Donald B. Verrilli, Jr., Washington, D. C. For Texas, et al.: Kyle D. Hawkins, Solicitor General, Austin, Tex. For United States, et al.: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D. C. VIDED.
06/17/2021	Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined. VIDED.
07/19/2021	JUDGMENT ISSUED.