June Medical Services LLC v. Russo

Consolidated with:

Russo v. June Medical Services LLC

Docket No.	Argument	Opinion	Vote	Author	Term
18-1323	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 womens 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)
Abortion and the structure of the CFPB: Marcia Coyle joins Amy Howe to discuss last week's oral arguments (SCOTUStalk, March 12, 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 dont 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)
2020 Supreme Court Preview presented by Casetext (part one) (SCOTUStalk, 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 governments brief in abortion case supports Louisianas position, raises possibility of overruling Whole Womans 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)
Symposium: Party of five? Setting the table for Roe v. Wade (Melissa Murray, July 24, 2019)
Symposium: Roe or wait? (Corrected) (Helen Alvaré, July 24, 2019)
Abortion providers ask Supreme Court to take up appeal (Amy Howe, April 17, 2019)
Tom Goldstein unpacks stay in Louisiana abortion case (SCOTUStalk, March 8, 2019)
Symposium: The intensely factual question of physicians admitting privileges (Robin Fretwell Wilson, March 8, 2019)
Symposium: June Medical should be summarily reversed (Jonathan B. Miller, March 7, 2019)
Symposium: On a petition that does not exist (Kyle Hawkins, March 6, 2019)
Symposium: In the Louisiana abortion case, maybe the best defense is a good offense (Michael Dorf, March 6, 2019)
Symposium: Undue burden, balancing test or bright line? Court should take the Louisiana admitting-privileges case to clarify the meaning of Whole Womans Health (Catherine Glenn Foster, March 5, 2019)
Symposium: The rule of law is at stake -- the Supreme Court must take June Medical Services v. Gee and uphold the right to abortion (Fatima Goss Graves, March 5, 2019)
Abortion could return to the Supreme Court: In Plain English (Amy Howe, March 5, 2019)
OT2018 #18: "Rorschach Test" (First Mondays, February 11, 2019)
Justices grant stay, block Louisiana abortion law from going into effect (Amy Howe, February 8, 2019)
Justices asked to enter abortion fray (Updated) (Amy Howe, January 28, 2019)

Date	Proceedings and Orders (key to color coding)
01/28/2019	Application (18A774) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Alito.
01/29/2019	Response to application (18A774) requested by Justice Alito, due Thursday, January 31, 2019, by 3:00 p.m. ET.
01/31/2019	Response to application from respondent Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals filed.
02/01/2019	Reply of applicants June Medical Services, L.L.C., et al. filed.
02/01/2019	Because the filings regarding the application for a stay in this matter were not completed until earlier today and the Justices need time to review these filings, the issuance of the mandate of the United States Court of Appeals for the Fifth Circuit, case No. 17-30397, is administratively stayed through Thursday, February 7, 2019. This order does not reflect any view regarding the merits of the petition for a writ of certiorari that applicants represent they will file.
02/07/2019	Application (18A774) referred to the Court.
02/07/2019	Application (18A774) granted by the Court. The application for a stay presented to JUSTICE ALITO and by him referred to the Court is granted, and the mandate of the United States Court of Appeals for the Fifth Circuit in case No. 17-30397 is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. JUSTICE THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE KAVANAUGH would deny the application. JUSTICE KAVANAUGH, dissenting from grant of application for stay. (Detached Opinion)
04/17/2019	Petition for a writ of certiorari filed. (Response due May 20, 2019)
04/30/2019	Motion to extend the time to file a response from May 20, 2019 to July 19, 2019, submitted to The Clerk.
05/03/2019	Motion to extend the time to file a response is granted and the time is extended to and including July 19, 2019.
05/20/2019	Brief amici curiae of Former Federal Judges and Department of Justice Officials filed.
05/20/2019	Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed.
06/21/2019	Brief amicus curiae of Senator Josh Hawley in support of respondent filed. VIDED.
06/24/2019	Amicus brief of 2,556 Operation Outcry Women Injured By Abortion and The Justice Foundation not accepted for filing. (June 27, 2019)
07/19/2019	Brief of respondent Rebekah Gee, Secretary of the Louisiana Department of Health and Hospitals in opposition filed.
09/06/2019	Reply of petitioners June Medical Services L.L.C., et al. 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. 18-1460 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.”
10/15/2019	Joint motion for an extension of time to file the briefs on the merits filed. VIDED.
10/22/2019	Upon consideration of the joint motion for an extension of time to file the briefs on the merits, petitioners in No. 18-1323 shall file an opening brief limited to the questions presented in its petition on or before Monday, November 25, 2019. The brief is to bear a light blue cover and is limited to 13,000 words. Respondent in No. 18-1323 shall file a consolidated opening brief on the questions presented in both cases on or before Thursday, December 26, 2019. The brief is to bear a light red cover and is limited to 21,500 words. Petitioners in No. 18-1323 shall file consolidated opening brief and reply on or before Friday, January 17, 2020. The brief is to bear a yellow cover and is limited to 14,500 words. Respondent in No. 18-1323 shall file with the Clerk and serve upon counsel a reply brief, limited to the questions presented in its petition, on or before 2 p.m., Tuesday, February 18, 2020. The brief is to bear a tan cover and is limited to 6,000 words. Amicus curiae briefs in support of petitioners in No. 18-1323 on all or any of the questions presented, or in support of neither party, are to be filed on or before Monday, December 2, 2019. Amicus curiae briefs in support of respondent in No. 18-1323 are to be filed on or before Thursday, January 2, 2020. An amicus curiae shall file only a single brief in these cases. VIDED.
10/24/2019	Blanket Consent filed by Petitioner, June Medical Services L.L.C., et al. VIDED
11/06/2019	Motion for leave to file the joint appendix pursuant to Rule 33.2 filed by petitioners June Medical Services L.L.C., et al. VIDED.
11/06/2019	Addendum to motion to file the joint appendix pursuant to Rule 33.2 (for leave to file one volume under seal) filed. (November 13, 20190. VIDED.
11/08/2019	Blanket Consent filed by Respondent, Rebekah Gee. VIDED
11/18/2019	Motion for leave to file the joint appendix pursuant to Rule 33.2 with one volume under seal GRANTED.
11/25/2019	Brief of petitioners June Medical Services L.L.C., et al. filed (in 18-1323).
11/25/2019	Joint appendix filed (7 volumes & 1 sealed volume). VIDED.
11/26/2019	SET FOR ARGUMENT on Wednesday, March 4, 2020. VIDED.
12/02/2019	Amicus brief of National Health Law Program, et al. not accepted for filing. (Corrected electronic version submitted).
12/02/2019	Brief amici curiae of National Health Law Program, et al. filed. (December 3, 2019). VIDED.
12/02/2019	Brief amicus curiae of Constitutional Accountability Center filed (in 18-1323).
12/02/2019	Amicus brief of Organizations And Individuals Dedicated To The Fight For Reproductive Justice – Women With A Vision et al. not accepted for filing. (December 04, 2019 -- Corrected brief to be submitted)
12/02/2019	Brief amici curiae of Organizations And Individuals Dedicated To The Fight For Reproductive Justice – Women With A Vision et al. filed. (December 5, 2019). VIDED.
12/02/2019	Brief amici curiae of Federal Courts Scholars filed. VIDED.
12/02/2019	Brief amici curiae of Former Federal Judges and Department of Justice Officials filed. VIDED.
12/02/2019	Amicus brief of LGBTQ Organizations not accepted for filing. (Corrected electronic version to be submitted - December 3, 2019).
12/02/2019	Brief amici curiae of LGBTQ Organizations filed (in 18-1323). (December 3, 2019). VIDED.
12/02/2019	Brief amicus curiae of American Bar Association filed.
12/02/2019	Brief amici curiae of Ibis Reproductive Health and Other Organizations filed (in 18-1323).
12/02/2019	Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED.
12/02/2019	Brief amici curiae of National Women's Law Center and 72 Additional Organizations Committed to Equality and Economic Opportunity for Women filed. VIDED.
12/02/2019	Brief amici curiae of Reproductive Justice Scholars filed. VIDED.
12/02/2019	Brief amici curiae of Social Science Researchers filed. VIDED.
12/02/2019	Brief amici curiae of 197 Members of Congress filed. VIDED.
12/02/2019	Brief amici curiae of Holly Alvarado, et al. filed. VIDED.
12/02/2019	Brief amici curiae of The American Civil Liberties Union and The ACLU of Louisiana filed (in 18-1323).
12/02/2019	Brief amici curiae of Constitutional Law Scholars filed (in 18-1323).
12/02/2019	Brief amicus curiae of Information Society Project at Yale Law School filed (in 18-1323).
12/02/2019	Brief amici curiae of Whole Woman's Health and Whole Woman's Health Alliance filed (in 18-1460).
12/02/2019	Brief amici curiae of Tort Law Scholars filed. VIDED.
12/02/2019	Brief amici curiae of If/When/How: Lawyering For Reproductive Justice, et al. filed. VIDED.
12/02/2019	Brief amici curiae of Michele Coleman Mayes, Claudia Hammerman, et al. filed. VIDED.
12/02/2019	Brief amici curiae of States of New York, et al filed. VIDED.
12/02/2019	Brief amici curiae of Catholics for Choice, et al. filed. VIDED.
12/02/2019	Brief amici curiae of Planned Parenthood Federation of America, et al. filed. VIDED.
12/02/2019	Brief amici curiae of Feminist Majority Foundation, et al. filed. VIDED.
12/02/2019	Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED.
12/02/2019	Brief amici curiae of Medical Staff Professionals filed. VIDED.
12/16/2019	Lodging proposal of amici curiae Social Science Researchers filed. VIDED. (Distributed)
12/19/2019	Brief amicus curiae of Foundation for Moral Law filed. VIDED.
12/26/2019	Consolidated opening brief of Rebekah Gee, Secretary, Louisiana Dept. of Health and Hospitals filed. VIDED.
12/26/2019	Brief amicus curiae of State of Idaho filed. VIDED.
12/26/2019	Request to lodge pursuant to Rule 32.3 of Rebekah Gee not accepted for filing. (January 09, 2020).
12/26/2019	Motion to supplement the record and to file certain documents under seal filed by Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals. VIDED.
12/27/2019	Brief amicus curiae of Legal Center for Defense of Life filed.
12/27/2019	Brief amicus curiae of Thomas More Society filed. VIDED.
12/27/2019	Brief amicus curiae of Association of American Physicians and Surgeons, Inc. filed. VIDED.
12/27/2019	Brief amici curiae of Priests for Life and Rachel's Vineyard filed. VIDED.
12/27/2019	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED.
12/27/2019	Brief amici curiae of Louisiana Family Forum, et al. filed. VIDED.
12/27/2019	Brief amici curiae of Concerned Women for America & Charlotte Lozier Institute filed (in 18-1460).
12/27/2019	Brief amicus curiae of Senator Josh Hawley filed. VIDED.
12/27/2019	Brief amicus curiae of American Association of Pro-Life Obstetricians and Gynecologists filed. VIDED.
12/30/2019	Brief amici curiae of US Conference of Catholic Bishops, et al. filed. VIDED.
12/30/2019	Brief amicus curiae of State of Texas filed. VIDED.
12/30/2019	Brief amicus curiae of Attorney Mary J. Browning filed. VIDED.
12/30/2019	Brief amicus curiae of Family Research Council filed. VIDED.
12/30/2019	Brief amici curiae of National Right to Life Committee, et al. filed (in 18-1323).
12/30/2019	Brief amici curiae of Inner Life Fund and The Institute for Faith and Family filed. VIDED.
12/30/2019	Brief amici curiae of 2,624 Women Injured By Abortion, Operation Outcry, and The Justice Foundation filed. VIDED.
12/30/2019	Brief amici curiae of Melinda Thybault, Founder of The Moral Outcry Petition, Individually and Acting on Behalf of 264,500 Signers of The Moral Outcry Petition filed. VIDED.
12/31/2019	Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
12/31/2019	Brief amicus curiae of African American Prolife Organizations filed. VIDED.
01/02/2020	Amicus brief of Illinois Right to Life not accepted for filing. (To be reprinted - January 03, 2020)
01/02/2020	Brief amicus curiae of Illinois Right to Life filed. (January 8, 2020). VIDED.
01/02/2020	Brief amicus curiae of United States filed. VIDED
01/02/2020	Amicus brief of International Conference of Evangelical Chaplain Endorsers not accepted for filing. (January 28, 2020). (Corrected version submitted)
01/02/2020	Brief amicus curiae of International Conference of Evangelical Chaplain Endorsers filed (in 18-1323). (Distributed)
01/02/2020	Brief amici curiae of States of Arkansas, Indiana, et al filed. VIDED.
01/02/2020	Brief amici curiae of Ethics & Religious Liberty Commission and Lutheran Church-Missouri Synod filed. VIDED.
01/02/2020	Brief amici curiae of 207 Members of Congress filed. VIDED.
01/02/2020	Brief amicus curiae of CatholicVote.org Education Fund filed (in 18-1323).
01/02/2020	Brief amicus curiae of The Susan B. Anthony List filed. VIDED.
01/02/2020	Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
01/02/2020	Brief amici curiae of Operation Rescue and The National Hispanic Christian Leadership Conference filed. VIDED.
01/02/2020	Brief amicus curiae of Independence Law Center filed. VIDED.
01/02/2020	Brief amici curiae of Pro-Life Legal Defense Fund, et al. filed. VIDED.
01/02/2020	Brief amicus curiae of Right to Life of Michigan filed. VIDED.
01/02/2020	Brief amicus curiae of Americans United for Life filed. VIDED.
01/02/2020	Brief amici curiae of Abby Johnson and Terry Beatley filed. VIDED.
01/02/2020	Brief amici curiae of Billy Graham Evangelistic Association, et al. filed (in 18-1323).
01/02/2020	Brief amicus curiae of Judicial Watch, Inc. filed (in 18-1460).
01/02/2020	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
01/02/2020	Brief amici curiae of American Center for Law & Justice, et al. filed. VIDED.
01/02/2020	Brief amici curiae of National Institute of Family and Life Advocates, et al. filed. VIDED.
01/02/2020	Brief amici curiae of Former Abortion Providers; The National Association of Catholic Nurses, USA; and the Association of Catholic Bioethics Center filed (in 18-1323). (Distributed)
01/02/2020	Brief amicus curiae of Louisiana State Legislators filed. VIDED. (Distributed)
01/02/2020	Brief amici curiae of Samaritan's Purse, et al. filed.
01/06/2020	Response to motion to enlarge the record from petitioners June Medical Services L.L.C., et al. filed. 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.
01/13/2020	Motion to supplement the record and to file certain documents under seal DISTRIBUTED for Conference of 1/17/2020.
01/16/2020	Joint motion for an extension of time to file briefs on the merits filed. VIDED.
01/16/2020	Joint motion to extend the time to file briefs on the merits granted. The time to file the consolidated opening brief and reply of petitioners in 18-1323 is extended to and including Friday, January 24, 2020. The reply brief of respondents in 18-1323 shall be filed pursuant to Rule 25.3. VIDED.
01/16/2020	The record from the U.S.D.C. Middle District of Louisiana is electronic and located on PACER, with the exception of SEALED material that's electronic.
01/17/2020	Motion of Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals, to supplement the record and to file certain documents under seal DENIED. VIDED.
01/21/2020	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
01/21/2020	CIRCULATED
01/21/2020	Consolidated opening brief (No. 18-1460) and reply (No. 18-1323) of June Medical Services L.L.C., et al. filed. VIDED. (Distributed)
02/04/2020	Motion for leave to file amicus brief out of time filed by Foundation for Life (in 18-1323).
02/06/2020	Letter from counsel for respondent/cross-petitioner notifying the Clerk of substitution of party filed. VIDED.
02/13/2020	Record received from the U.S.D.C. Middle District of Louisiana, the Record on Appeals is electronically filed.
02/20/2020	Reply of respondent Stephen Russo filed. VIDED. (Distributed)
02/24/2020	Motion for leave to file amicus brief out of time filed by Foundation for Life DENIED.
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.