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Trump v. Pennsylvania

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-454 3rd Cir. May 6, 2020 Jul 8, 2020 7-2 Thomas OT 2019

Holding: The Departments of Health and Human Services, Labor and the Treasury had authority under the Affordable Care Act to promulgate rules exempting employers with religious or moral objections from providing contraceptive coverage to their employees.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Thomas on July 8, 2020. Justice Alito filed a concurring opinion, in which Justice Gorsuch joined. Justice Kagan filed an opinion concurring in the judgment, in which Justice Breyer joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

DateProceedings and Orders (key to color coding)
10/03/2019Petition for a writ of certiorari filed. (Response due November 6, 2019)
10/22/2019Motion to extend the time to file a response from November 6, 2019 to December 16, 2019, submitted to The Clerk.
10/24/2019Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019.
10/31/2019Brief amicus curiae of Foundation for Moral Law filed. VIDED.
11/01/2019Brief amici curiae of 92 Members of Congress filed. VIDED.
11/01/2019Brief amicus curiae of The States Of Texas, et al. filed. VIDED.(11/5/2019)
11/01/2019Brief amici curiae of The Cato Institute, et al. filed. VIDED
11/05/2019Amicus brief of The States Of Texas, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Louisiana, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, And West Virginia not accepted for filing. (November 04, 2019)(Corrected version submitted)
11/06/2019Brief amicus curiae of American Center for Law and Justice filed. VIDED.
12/09/2019Brief of respondents Commonwealth of Pennsylvania, et al. in opposition filed.
12/20/2019Reply of petitioners Donald J. Trump, President of the United States, et al. filed.
12/23/2019DISTRIBUTED for Conference of 1/10/2020.
01/13/2020DISTRIBUTED for Conference of 1/17/2020.
01/17/2020Petition GRANTED. The petition for a writ of certiorari in No. 19-431 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
01/17/2020Because 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. 19-431. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-431. 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.”
02/21/2020SET FOR ARGUMENT on Wednesday, April 29, 2020. VIDED.
02/26/2020Record requested from the U.S.C.A. 3rd Circuit.
03/04/2020Amicus brief of United States Conference of Catholic Bishops, et al. not accepted for filing. (March 19, 2020 -- Filed in lead case)
03/19/2020CIRCULATED
03/19/2020The record received from the U.S.D.C. Eastern District of Pennsylvania has been electronically filed.
04/03/2020ORAL ARGUMENT POSTPONED. VIDED.
04/13/2020Argument to be rescheduled for May 2020. VIDED.
04/15/2020RESCHEDULED FOR ARGUMENT on Wednesday, May 6, 2020. VIDED.
05/06/2020Argued. For petitioners in 19-454: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D.C. For petitioner in 19-431: Paul D. Clement, Washington, D. C. For respondents: Michael J. Fischer, Chief Deputy Attorney General, Philadelphia, Pa. VIDED.
07/08/2020Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed a concurring opinion, in which Gorsuch, J., joined. Kagan, J., filed an opinion concurring in the judgment, in which Breyer, J., joined. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined. VIDED.
08/10/2020JUDGMENT ISSUED.