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Trump v. Pennsylvania

Docket No.19-454
Op. Below3rd Cir.
ArgumentMay 6, 2020
Vote7-2

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 Clarence Thomas on Jul 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.

Proceedings & orders timeline

Oct 3, 2019
Petition for a writ of certiorari filed. (Response due November 6, 2019)
Oct 22, 2019
Motion to extend the time to file a response from November 6, 2019 to December 16, 2019, submitted to The Clerk.
Oct 24, 2019
Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019.
Oct 31, 2019
Brief amicus curiae of Foundation for Moral Law filed. VIDED.
Nov 1, 2019
Brief amici curiae of 92 Members of Congress filed. VIDED.
Nov 1, 2019
Brief amicus curiae of The States Of Texas, et al. filed. VIDED.(11/5/2019)
Nov 1, 2019
Brief amici curiae of The Cato Institute, et al. filed. VIDED
Nov 5, 2019
Amicus 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)
Nov 6, 2019
Brief amicus curiae of American Center for Law and Justice filed. VIDED.
Dec 9, 2019
Brief of respondents Commonwealth of Pennsylvania, et al. in opposition filed.
Dec 20, 2019
Reply of petitioners Donald J. Trump, President of the United States, et al. filed.
Dec 23, 2019
DISTRIBUTED for Conference of 1/10/2020.
Jan 13, 2020
DISTRIBUTED for Conference of 1/17/2020.
Jan 17, 2020
Petition 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.
Jan 17, 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. 19-431. 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.”
Feb 21, 2020
SET FOR ARGUMENT on Wednesday, April 29, 2020. VIDED.
Feb 26, 2020
Record requested from the U.S.C.A. 3rd Circuit.
Mar 4, 2020
Amicus brief of United States Conference of Catholic Bishops, et al. not accepted for filing. (March 19, 2020 -- Filed in lead case)
Mar 19, 2020
CIRCULATED
Mar 19, 2020
The record received from the U.S.D.C. Eastern District of Pennsylvania has been electronically filed.
Apr 3, 2020
ORAL ARGUMENT POSTPONED. VIDED.
Apr 13, 2020
Argument to be rescheduled for May 2020. VIDED.
Apr 15, 2020
RESCHEDULED FOR ARGUMENT on Wednesday, May 6, 2020. VIDED.
May 6, 2020
Argued. 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.
Jul 8, 2020
Judgment 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.
Aug 10, 2020
JUDGMENT ISSUED.

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