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Danco Laboratories, L.L.C. v. Alliance for Hippocratic Medicine

Docket No.23-236
Op. Below5th Cir.
ArgumentMar 26, 2024

Holding

Plaintiffs lack Article III standing to challenge the Food and Drug Administration's regulatory actions regarding mifepristone.

Judgment

Reversed and remanded, 9-0, in an opinion by Brett Kavanaugh on Jun 13, 2024. Justice Thomas filed a concurring opinion.

Proceedings & orders timeline

Sep 8, 2023
Petition for a writ of certiorari filed. (Response due October 12, 2023)
Sep 29, 2023
Motion to extend the time to file a response from October 12, 2023 to November 9, 2023, submitted to The Clerk.
Sep 29, 2023
Application (23A301) to file consolidated brief in opposition in excess of word limits, submitted to Justice Alito.
Oct 2, 2023
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2023.
Oct 7, 2023
Application (23A301) to file consolidated brief in opposition in excess of word limits granted by Justice Alito. The consolidated brief in opposition may not exceed 13,500 words.
Oct 12, 2023
Brief amici curiae of Over 600 State Legislators filed. VIDED.
Oct 12, 2023
Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED.
Oct 12, 2023
Brief amici curiae of Food and Drug Law Scholars filed. VIDED.
Oct 12, 2023
Brief amici curiae of Pharmaceutical Companies, Executives, and Investors filed. VIDED.
Oct 12, 2023
Brief amici curiae of Patient and Provider Advocacy Organizations filed. VIDED.
Oct 12, 2023
Brief amici curiae of National Association of Nurse Practitioners in Women's Health, et al. filed. VIDED.
Oct 12, 2023
Brief amicus curiae of GenBioPro, Inc. filed. VIDED.
Oct 12, 2023
Brief amici curiae of Local Governments and Local Government Leaders filed. VIDED.
Oct 12, 2023
Brief amici curiae of The City of New York, et al. filed. VIDED.
Oct 12, 2023
Brief amici curiae of 257 Members of Congress filed. VIDED.
Oct 12, 2023
Brief amici curiae of New York, et al. filed. VIDED.
Oct 12, 2023
Brief amici curiae of Doctors for America and the Reproductive Health Coalition filed. VIDED.
Oct 12, 2023
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. VIDED.
Oct 12, 2023
Brief amici curiae of Religious Coalition for Reproductive Choice, et al. filed.(10/26/23) VIDED.
Nov 9, 2023
Brief of respondents Alliance for Hippocratic Medicine, et al. in opposition filed. VIDED.
Nov 15, 2023
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Nov 21, 2023
DISTRIBUTED for Conference of 12/8/2023.
Nov 21, 2023
Reply of petitioner Danco Laboratories, L.L.C. filed. (Distributed)
Dec 13, 2023
Petition GRANTED. The petition for a writ of certiorari in No. 23-235 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
Dec 13, 2023
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. 23-235. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-235. 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.”
Jan 29, 2024
SET FOR ARGUMENT on Tuesday, March 26, 2024. VIDED.
Jan 31, 2024
Record requested from the United States Court of Appeals for the Fifth Circuit.
Feb 9, 2024
Sealed record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
Feb 13, 2024
Public electronic record on appeal received from the United States District Court for the Northern District of Texas (one DVD) and available with the Clerk.
Feb 13, 2024
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Feb 14, 2024
CIRCULATED
Mar 26, 2024
Argued. For federal petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For petitioner Danco Laboratories, L.L.C.: Jessica L. Ellsworth, Washington, D. C. For respondents: Erin M. Hawley, Washington, D. C. VIDED.
Jun 13, 2024
Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED.
Jul 15, 2024
Judgment Issued.
Aug 22, 2024
Record returned to the United States District Court for the Northern District of Texas.

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