Commonwealth of Massachusetts, et al v. National Institutes of Health, et al
| COMMONWEALTH OF MASSACHUSETTS, DANA NESSEL, on behalf of the people of the State of Michigan, STATE OF ILLINOIS, STATE OF ARIZONA, STATE OF CALIFORNIA, STATE OF CONNECTICUT, STATE OF COLORADO, STATE OF HAWAII, STATE OF MAINE, STATE OF MARYLAND, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF DELAWARE, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF NORTH CAROLINA, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WASHINGTON and STATE OF WISCONSIN |
| UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH, JAY BHATTACHARYA, M.D., Ph.D. in the official capacity as Director of the National Institutes of Health and ROBERT F. KENNEDY, JR., in the official capacity as Secretary of the U.S. Department of Health and Human Services |
| CODY R. HART, DERRILL J. FUSSELL, MASSACHUSETTS BIOTECHNOLOGY COUNCIL, INC. and TISHUARA O. JONES, Mayor, City of St. Louis, Missouri |
| PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, NATIONAL ASSOCIATION OF COLLEGE AND UNIVERSITY BUSINESS OFFICERS, CITY OF ALAMEDA, CA, AMERICAN ASSOCIATION OF STATE COLLEGES AND UNIVERSITIES, CITY OF ALBUQUERQUE, NM, AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION, HARVEY L. WARD, Mayor, City of Gainesville, Florida, ALLEGHENY COUNTY, PA, APPA, Leadership in Educational Facilities, METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TN, CITY OF BALTIMORE, MD, ASSOCIATION OF AMERICAN LAW SCHOOLS, ERIN MENDENHALL, Mayor, City of Salt Lake, Utah, EMMA MULVANEY-STANAK, Mayor, City of Burlington, Vermont, ASSOCIATION OF INDEPENDENT RESEARCH INSTITUTES, TOWNSHIP OF CANTON, MI, ASSOCIATION OF RESEARCH LIBRARIES, CITY OF BOSTON, MA, CITY OF CLEVELAND, OH, TOWN OF CHAPEL HILL, NC, ASSOCIATION OF UNIVERSITY TECHNOLOGY MANAGERS, CITY OF CHICAGO, IL, CAMPUS SAFETY HEALTH AND ENVIRONMENTAL MANAGEMENT ASSOCIATION, SANDRA WELCH, Mayor, City of Coconut Creek, Florida, COUNSIL ON GOVERNMENTAL RELATIONS, CITY OF COLUMBUS, OH, COUNSIL ON SOCIAL WORK EDUCATION, CITY OF EASTHAMPTON, MA, EDUCAUSE, DANIEL BISS, Mayor, City Evanston, Illinois, NASPA - STUDENT AFFAIRS ADMINISTRATORS IN HIGHER EDUCATION, CITY OF FAIRFAX, VA, NATIONAL ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES, HARRIS COUNTY, TX, NATIONAL COUNSIL OF UNIVERSITY RESEARCH ADMINISTRATORS, RAVINDER S. BHALLA, Mayor, City of Hoboken, New Jersey, SOCIETY OF COLLEGE AND UNIVERSITY PLANNING, QUINTON LUCAS, Mayor, Kansas City, Missouri, SOCIETY OF RESEARCH ADMINISTRATORS INTERNATIONAL, INDYA KINCANNON, Mayor, City of Knoxville, Tennessee, UNIVERSITY RISK MANAGEMENT AND INSURANCE ASSOCIATION, CITY OF MADISON, WI, JEFF SILVESTRINI, Mayor, City of Millcreek, Utah, ANISSA WELCH, Mayor, City of Milton, Wisconsin, MONTGOMERY COUNTY, MD, WILLIAM MOEHLE, Supervisor, Town of Brighton, New York, CITY OF NEW HAVEN, CT, CHRISTINE CORRADO, Counsilmember, Town of Brighton, New York, DONTAE PAYNE, Mayor, City of Olympia, Washington, CITY OF PLAINFIELD, NJ, ROBIN WILT, Counsilmember, Town of Brighton, New York, ADRIAN O. MAPP, Mayor, City of Plainfield, New Jersey, SARAH LEONARDI, School Board Member, Broward County, Florida, SUE NOACK, Mayor, City of Pleasant Hill, California, DIANE M. ELLIS-MARSEGLIA, Commissioner and Vice-Chair, Bucks County, Pennsylvania, ED GAINEY, Mayor, City of Pittsburgh, Pennsylvania, CITY OF PITTSBURGH, PA, ROBERT J. HARVIE, JR., Commissioner and Board Chair, Bucks County, Pennsylvania, CITY OF PROVIDENCE, RI, CITY OF CAMBRIDGE, MA, NANCY METAYER BOWEN, in the individual capacity, who is Vice Mayor, City of Coral Springs, Florida, JOHN I. CLARK, Mayor, Town of Ridgway, Colorado, CITY OF ROCHESTER, NY, BEAU HARBIN, Legislator, Cortland County, New York, CITY OF SACRAMENTO, CA, YASMINE-IMANI MCMORRIN, Mayor, City of Culver City, California, CITY AND COUNTY OF SAN FRANCISCO, CA, CHRIS CANALES, Counsilmember, City of El Paso, Texas, CITY OF SANTA MONICA, CA, BEN SORENSEN, City Commissioner, City of Fort Lauderdale, Florida, CONSTANTINE H. KUTTEH, Mayor, City of Statesville, North Carolina, SEEMA SINGH, Counsilmember, City of Knoxville, Tennessee, LISA JO BROWN, Mayor, City of Spokane, Washington, CITY OF MINNEAPOLIS, MN, ST. LOUIS COUNTY, MO, NEIL MAKHIJA, Commissioner, Montgomery County, Pennsylvania, BRENDA GADD, Counsilmember, Metropolitan Nashville & Davidson County, Tennessee, CITY OF SAINT PAUL, MN, GINNY WELSCH, Counsilmember, Metropolitan Nashville & Davidson County, Tennessee, DENNIS RAYMOND MCBRIDE, Mayor, City of Wauwatosa, Wisconsin, CITY OF NEW YORK, NY, CITY OF NEWARK, NJ, CHRISTOPHER JARAMILLO, School Board President, Norristown Area School District, Pennsylvania, MICHAEL JOSEPH, Mayor, City of North Miami, Florida, LISA KAPLAN, Counsilmember, City of Sacramento, California, CITY OF SAN DIEGO, CA, SANTA CLARA COUNTY, CA, CAROLINE TOROSIS, Mayor Pro Tempore, City of Santa Monica, California, BRUCE HARRELL, Mayor, City of Seattle, Washington, JACQUELINE PORTER, Commissioner, City of Tallahassee, Florida, ELI SAVIT, Prosecuting Attorney, Washtenaw County, Michigan, JILLINE DOBRATZ, Clerk, City of West Bend, Wisconsin, INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, PROFESSOR PIERRE AZOULAY, International Programs Professor of Managment, MIT Sloan School of Management, PROFESSOR DANIEL P. GROSS, Associate Professor, Duke University Fuqua School of Business, PROFESSOR LISA LARRIMORE OUELLETTE, Deane F. Johnson of Law, Stanford Law School, PROFESSOR BHAVEN N. SAMPAT, Johns Hopkins University School of Government and Policy and Carey Business School, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, AMERICAN PSYCHIATRIC ASSOCIATION, AMERICAN COLLEGE OF CHEST PHYSICIANS, AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, AMERICAN COLLEGE OF RADIOLOGY, AMERICAN GERIATRICS SOCIETY, AMERICAN SOCIETY FOR CLINICAL PATHOLOGY, AMERICAN UROLOGICAL ASSOCIATION, COUNSIL OF MEDICAL SPECIALTY SOCIETIES, SOCIETY FOR MATERNAL-FETAL MEDICINE and MEMBERS OF CONGRESS |
| 25-1343 |
| April 9, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
Opinions
We have the following opinions for this case:
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Docket Report
This docket was last retrieved on October 1, 2025. A more recent docket listing may be available from PACER.
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| RESPONSE to citation of supplemental authorities pursuant to Fed. R. App. P. 28(j) [ # 6747355-2 ] filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Served on 10/01/2025. [25-1343] (JU) [Entered: 10/01/2025 03:44 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Jennifer Utrecht for Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1343, Attorney Jennifer Utrecht for Appellants National Institutes of Health, Jay Bhattacharya, United States Department of Health and Human Services and Robert F. Kennedy, Jr. in 25-1344, Attorney Jennifer Utrecht for Appellants United States Department of Health and Human Services, National Institutes of Health, Robert F. Kennedy, Jr. and Jay Bhattacharya in 25-1345. Served on 09/30/2025. [25-1343, 25-1344, 25-1345] (JU) [Entered: 09/30/2025 02:43 PM] |
ORDER entered: Treating Jeffrey E. Sandberg's letter as a motion to withdraw as counsel for Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health, and United States Department of Health and Human Services, the motion is allowed. Attorney Sandberg is hereby withdrawn as counsel of record, and Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health, and United States Department of Health and Human Services will continue to be represented by the remaining counsel of record. [25-1343, 25-1344, 25-1345] (AVN) [Entered: 09/26/2025 02:05 PM]
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| NOTICE of withdrawal of counsel Jeffrey E. Sandberg filed by Appellants Jay Bhattacharya, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and National Institutes of Health. Served on 09/26/2025. [25-1343] (JES) [Entered: 09/26/2025 12:20 PM] |
ORDER entered by Julie Rikelman, Appellate Judge: Appeal Nos. 25-1343, 25-1344, and 25-1345 are consolidated for purposes of oral argument. The parties are directed to use the above caption on all future filings related to these cases. Upon consideration of the assented-to motion for Attorney Clement to present oral argument on behalf of all plaintiffs-appellees in Appeals Nos. 25-1344 and 25-1345, the motion is allowed. [25-1343, 25-1344, 25-1345] (JW) [Entered: 09/16/2025 04:35 PM]
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ORDER entered by Julie Rikelman, Appellate Judge: Non-party People for the Ethical Treatment of Animals ("PETA") has filed an amicus brief and requests leave to participate in oral argument. The request to participate in oral argument is denied without prejudice to reassertion. If PETA renews the request to participate in oral argument, PETA should consult the parties regarding their positions on the request and should convey the parties' positions in the renewed motion. [25-1343] (AVN) [Entered: 09/15/2025 10:33 AM]
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| DESIGNATION of attorney presenting oral argument filed by Attorney Brian Lea for Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Served on 09/11/2025. [25-1343] (BL) [Entered: 09/11/2025 05:24 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney David C. Kravitz for Appellee Commonwealth of Massachusetts. Served on 09/10/2025. [25-1343] (DCK) [Entered: 09/10/2025 12:07 PM] |
| NOTICE of appearance filed by Attorney Jennifer Utrecht for Appellants National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Jay Bhattacharya. Served on 09/05/2025. [25-1343] (AVN) [Entered: 09/10/2025 11:55 AM] |
ORDER entered: Upon consideration of Attorney Jennifer L Utrecht's motion for leave to enter an appearance on behalf of Appellants National Institutes of Health, Jay Bhattacharya, Robert F. Kennedy, Jr., and United States Department of Health and Human Services, that motion is allowed. Attorney Jennifer L Utrecht's notice of appearance is accepted for filing as of this date. [25-1343] (AVN) [Entered: 09/10/2025 11:54 AM]
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| MOTION requesting leave for Attorney Jennifer L Utrecht to enter an appearance filed by Appellants National Institutes of Health, Jay Bhattacharya, Robert F. Kennedy, Jr. and United States Department of Health and Human Services. Served on 09/05/2025. [25-1343] (JU) [Entered: 09/05/2025 06:16 PM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellees Commonwealth of Massachusetts, Dana Nessel, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin. Served on 08/29/2025. [25-1343] (DCK) [Entered: 08/29/2025 04:26 PM] |
| CASE calendared: This case is presently scheduled to be called for oral argument on Wednesday, November 5, 2025, at 2:00 p.m. in Boston, MA in the Panel Courtroom at the Moakley Courthouse, 7th Floor. There will be no continuance except for grave cause. Designation form due 09/11/2025. [25-1343, 25-1344, 25-1345] (DJT) [Entered: 08/28/2025 11:52 AM] |
ORDER entered: Upon consideration, Attorney Vanessa L. Kassab's motion for leave to enter an appearance on behalf of Appellee State of Delaware is granted. Attorney Kassab's notice of appearance is accepted for filing as of this date. [25-1343] (AVN) [Entered: 07/10/2025 04:09 PM]
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| NOTICE of appearance filed by Attorney Vanessa L. Kassab for Appellee State of Delaware. Served on 07/09/2025. [25-1343] (AVN) [Entered: 07/10/2025 04:11 PM] |
| MOTION requesting leave for Attorney Vanessa L. Kassab to enter an appearance filed by Appellee State of Delaware. Served on 07/09/2025. [25-1343] (VLK) [Entered: 07/09/2025 12:53 PM] |
| NINE (9) paper copies of reply brief [ # 6732927-2 ] submitted by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. [25-1343] (YCC) [Entered: 07/03/2025 01:11 PM] |
| REPLY BRIEF filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Served on 07/01/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 07/09/2025 . [25-1343] (YCC) [Entered: 07/02/2025 08:16 AM] |
| BRIEF tendered by Appellants National Institutes of Health, United States Department of Health and Human Services, Jay Bhattacharya and Robert F. Kennedy, Jr.. [25-1343] (JES) [Entered: 07/01/2025 09:08 PM] |
| NINE (9) paper copies of amicus brief [ # 6730638-2 ] submitted by Amicus Curiae Members of Congress. [25-1343] (SRS) [Entered: 07/01/2025 02:24 PM] |
| NINE (9) paper copies of amicus brief [ # 6730311-2 ] submitted by Amicus Curiae International Union, United Automobile, Aerospace and Agricultural Implement Workers of America. [25-1343] (SRS) [Entered: 06/27/2025 03:14 PM] |
| NINE (9) paper copies of amici brief [ # 6730414-2 ] submitted by Amici Curiae Pierre Azoulay, Daniel P. Gross, Lisa Larrimore Ouellette and Bhaven N. Sampat. [25-1343] (NKR) [Entered: 06/24/2025 03:07 PM] |
| NINE (9) paper copies of amicus brief [ # 6729789-2 ] submitted by Amicus Curiae American Association of University Professors. [25-1343] (NKR) [Entered: 06/24/2025 02:32 PM] |
| NINE (9) paper copies of amicus brief [ # 6730420-2 ] submitted by Amici Curiae American College of Chest Physicians, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American College of Physicians, American College of Radiology, American Geriatrics Society, American Psychiatric Association, American Society for Clinical Pathology, American Urological Association, Counsil of Medical Specialty Societies and Society for Maternal-Fetal Medicine. [25-1343] (NP) [Entered: 06/27/2025 10:53 AM] |
| NINE (9) paper copies of amicus brief [ # 6730375-2 ] submitted by Amicus Curiae Local Governments and Local Government Leaders. [25-1343] (NP) [Entered: 06/27/2025 10:12 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Members of Congress in support of Appellees. Served on 06/16/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/30/2025 . [25-1343] (AVN) [Entered: 06/23/2025 08:27 AM] |
| NINE (9) paper copies of amicus brief [ # 6726600-2 ] submitted by Amicus Curiae People for the Ethical Treatment of Animals. [25-1343] (NP) [Entered: 06/20/2025 11:11 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae International Union, United Automobile, Aerospace and Agricultural Implement Workers of America in support of Appellees. Served on 06/18/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/27/2025 . [25-1343] (AVN) [Entered: 06/20/2025 09:56 AM] |
| DISCLOSURE statement filed by Amicus Curiae International Union, United Automobile, Aerospace and Agricultural Implement Workers of America. [25-1343] (AVN) [Entered: 06/20/2025 09:57 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Pierre Azoulay, Daniel P. Gross, Lisa Larrimore Ouellette and Bhaven N. Sampat in support of Appellees. Served on 06/16/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/27/2025 . [25-1343] (AVN) [Entered: 06/20/2025 01:32 PM] |
| AMICUS CURIAE BRIEF filed by Local Governments and Local Government Leaders in support of Appellees. Served on 06/16/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/27/2025 . [25-1343] (AVN) [Entered: 06/20/2025 11:47 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae American College of Chest Physicians, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American College of Physicians, American College of Radiology, American Geriatrics Society, American Psychiatric Association, American Society for Clinical Pathology, American Urological Association, Counsil of Medical Specialty Societies and Society for Maternal-Fetal Medicine in support of Appellees. Served on 06/16/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/27/2025 . [25-1343] (AVN) [Entered: 06/20/2025 01:48 PM] |
| NINE (9) paper copies of amicus brief [ # 6729809-2 ] submitted by Amici Curiae APPA, American Association of State Colleges and Universities, American Speech-Language-Hearing Association, Association of American Law Schools, Association of Independent Research Institutes, Association of Research Libraries, Association of University Technology Managers, Campus Safety Health and Environmental Management Association, Counsil on Governmental Relations, Counsil on Social Work Education, EDUCAUSE, NASPA - Student Affairs Administrators in Higher Education, NACUBO, National Association of Independent Colleges and Universities, National Counsil of University Research Administrators, Society of College and University Planning, Society of Research Administrators International and University Risk Management and Insurance Association. [25-1343] (YCC) [Entered: 06/23/2025 04:39 PM] |
| NOTICE of appearance on behalf of Movant(s) Amici Curiae Scholars of Economics and Innovation filed by Attorney Nina Kosana Srejovic. Served on 06/19/2025. [25-1343] (NS) [Entered: 06/19/2025 10:23 AM] |
| NOTICE of appearance on behalf of Movant(s) Local Governments and Local Government Leaders filed by Attorney Jonathan B. Miller. Served on 06/18/2025. [25-1343] (JBM) [Entered: 06/18/2025 11:06 PM] |
| AMICUS CURIAE BRIEF tendered by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America. [25-1343] (JBS) [Entered: 06/18/2025 09:38 AM] |
| DISCLOSURE statement filed by Amicus Curiae American Association of University Professors. [25-1343] (AVN) [Entered: 06/17/2025 03:46 PM] |
| NOTICE of appearance on behalf of Movant(s) International Union, United Automobile, Aerospace and Agricultural Implement Workers of America filed by Attorney Joshua B. Shiffrin. Served on 06/17/2025. [25-1343] (JBS) [Entered: 06/17/2025 10:06 AM] |
| NOTICE of appearance on behalf of Movant(s) American College of Obstetricians and Gynecologists, et al. filed by Attorney Nicole A. Saharsky. Served on 06/17/2025. [25-1343] (NAS) [Entered: 06/17/2025 03:05 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae American Association of University Professors in support of Appellees. Served on 06/16/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/24/2025 . [25-1343] (AVN) [Entered: 06/17/2025 03:45 PM] |
| NOTICE of appearance on behalf of Movant(s) International Union, United Automobile, Aerospace and Agricultural Implement Workers of America filed by Attorney Jacob Karabell. Served on 06/17/2025. [25-1343] (JK) [Entered: 06/17/2025 10:10 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae APPA, American Association of State Colleges and Universities, American Speech-Language-Hearing Association, Association of American Law Schools, Association of Independent Research Institutes, Association of Research Libraries, Association of University Technology Managers, Campus Safety Health and Environmental Management Association, Counsil on Governmental Relations, Counsil on Social Work Education, EDUCAUSE, NASPA - Student Affairs Administrators in Higher Education, NACUBO, National Association of Independent Colleges and Universities, National Counsil of University Research Administrators, Society of College and University Planning, Society of Research Administrators International and University Risk Management and Insurance Association in support of Appellees. Served on 06/16/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/24/2025 . [25-1343] (AVN) [Entered: 06/17/2025 04:10 PM] |
ORDER directing Amicus Curiae International Union, United Automobile, Aerospace and Agricultural Implement Workers of America to file a conforming brief. Brief due 06/24/2025 . [25-1343, 25-1344, 25-1345] (AVN) [Entered: 06/17/2025 04:50 PM]
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| DISCLOSURE statement filed by Amici Curiae American College of Chest Physicians, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American College of Physicians, American College of Radiology, American Geriatrics Society, American Psychiatric Association, American Society for Clinical Pathology, American Urological Association, Counsil of Medical Specialty Societies and Society for Maternal-Fetal Medicine. [25-1343] (AVN) [Entered: 06/17/2025 05:13 PM] |
| DISCLOSURE statement filed by Amici Curiae APPA, American Association of State Colleges and Universities, American Speech-Language-Hearing Association, Association of Independent Research Institutes, Association of Research Libraries, Association of University Technology Managers, Campus Safety Health and Environmental Management Association, Counsil on Governmental Relations, Counsil on Social Work Education, EDUCAUSE, NASPA - Student Affairs Administrators in Higher Education, NACUBO, National Association of Independent Colleges and Universities, National Counsil of University Research Administrators, Society of College and University Planning, Society of Research Administrators International and University Risk Management and Insurance Association. [25-1343] (AVN) [Entered: 06/17/2025 04:13 PM] |
| NOTICE of appearance on behalf of Movant(s) Amici Curiae Scholars of Economics and Innovation filed by Attorney Phillip R. Malone. Served on 06/16/2025. [25-1343] (PRM) [Entered: 06/16/2025 05:48 PM] |
| NOTICE of appearance on behalf of Movant(s) The National Association of College and University Business Officers and Seventeen Other Higher Education Associations filed by Attorney Jackson B. Skeen. Served on 06/16/2025. [25-1343] (JBS) [Entered: 06/16/2025 05:11 PM] |
| NOTICE of appearance on behalf of Movant(s) U.S. Congress Members filed by Attorney John M. DeStefano. Served on 06/16/2025. [25-1343] (JD) [Entered: 06/16/2025 05:27 PM] |
| NOTICE of appearance on behalf of Movant(s) U.S. Congress Members filed by Attorney Sophia Weaver. Served on 06/16/2025. [25-1343] (SKW) [Entered: 06/16/2025 05:34 PM] |
| NOTICE of appearance on behalf of Movant(s) U.S. Congress Members filed by Attorney Lauriane Williams. Served on 06/16/2025. [25-1343] (LW) [Entered: 06/16/2025 05:37 PM] |
| NOTICE of appearance on behalf of Movant(s) U.S. Congress Members filed by Attorney Steve W. Berman. Served on 06/16/2025. [25-1343] (SWB) [Entered: 06/16/2025 05:42 PM] |
| AMICUS CURIAE BRIEF tendered by Amici Curiae Scholars of Economics and Innovation. [25-1343] (PRM) [Entered: 06/16/2025 06:03 PM] |
| NOTICE of appearance on behalf of Movant(s) Amici Curiae Scholars of Economics and Innovation filed by Attorney Nina K. Srejovic. Served on 06/16/2025. [25-1343] CLERK'S NOTE: The signature on the document does not match the name of the ECF filer under whose login and password the document was filed. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS (06/20). (PRM) [Entered: 06/16/2025 05:55 PM] |
| AMICUS CURIAE BRIEF tendered by American College of Obstetricians and Gynecologists, et al.. [25-1343] (NAS) [Entered: 06/16/2025 06:43 PM] |
| AMICUS CURIAE BRIEF tendered by U.S. Congress Members. [25-1343] (SWB) [Entered: 06/16/2025 08:24 PM] |
| AMICUS CURIAE BRIEF tendered by Local Governments and Local Government Leaders. [25-1343] (JBM) [Entered: 06/16/2025 10:41 PM] |
| ELEVEN (11) paper copies of appellees' brief [ # 6727528-2 ] submitted by Appellees Commonwealth of Massachusetts, Dana Nessel, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin. [25-1343] (NKR) [Entered: 06/17/2025 12:58 PM] |
| AMICUS CURIAE BRIEF tendered by The National Association of College and University Business Officers and Seventeen Other Higher Education Associations. [25-1343] (JLE) [Entered: 06/16/2025 04:18 PM] |
| AMICUS CURIAE BRIEF tendered by The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America. [25-1343] (JBS) [Entered: 06/16/2025 04:49 PM] |
| NOTICE of appearance on behalf of Movant(s) The National Association of College and University Business Officers and Seventeen Other Higher Education Associations filed by Attorney Jessica L. Ellsworth. Served on 06/16/2025. [25-1343] (JLE) [Entered: 06/16/2025 04:17 PM] |
| NOTICE of appearance on behalf of Movant(s) American Association of University Professors filed by Attorney David Zimmer. Served on 06/16/2025. [25-1343] (DZ) [Entered: 06/16/2025 04:04 PM] |
| AMICUS CURIAE BRIEF tendered by American Association of University Professors. [25-1343] (DZ) [Entered: 06/16/2025 02:44 PM] |
| NOTICE of appearance filed by Attorney Angela Cai for Appellee State of New Jersey. Served on 06/11/2025. [25-1343] (AVN) [Entered: 06/16/2025 09:41 AM] |
ORDER entered: Upon consideration, Attorney Angela Cai's motion for leave to enter an appearance on behalf of Appellee State of New Jersey is granted. Attorney Angela Cai's notice of appearance is accepted for filing as of this date. [25-1343] (AVN) [Entered: 06/16/2025 09:37 AM]
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| PLEADING tendered: NINE (9) paper copies of amicus brief filed by Amicus Curiae People for the Ethical Treatment of Animals. [25-1343] (NP) [Entered: 06/16/2025 05:13 PM] |
| MOTION requesting leave for Attorney Angela Cai to enter an appearance filed by Appellee State of New Jersey. Served on 06/11/2025. [25-1343] (AC) [Entered: 06/11/2025 03:33 PM] |
| APPELLEES' BRIEF filed by Appellees Commonwealth of Massachusetts, Dana Nessel, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin. Served on 06/09/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/17/2025 . [25-1343] (AVN) [Entered: 06/10/2025 10:53 AM] |
ORDER entered: In light of the timely filing of the Appellees' briefs on June 9, 2025, the motion to extend time to file the briefs is denied as moot. [25-1343, 25-1344, 25-1345] (AVN) [Entered: 06/10/2025 10:49 AM]
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| BRIEF tendered by Appellees Commonwealth of Massachusetts, Dana Nessel, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin. [25-1343] (KBD) [Entered: 06/09/2025 10:18 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae People for the Ethical Treatment of Animals. Served on 06/05/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/13/2025 . [25-1343] (AVN) [Entered: 06/06/2025 08:10 AM] |
| AMICUS CURIAE BRIEF tendered by People for the Ethical Treatment of Animals, Inc.. [25-1343] (AHD) [Entered: 06/05/2025 02:54 PM] |
ORDER entered: No objections having been filed, the motion of Movant People for the Ethical Treatment of Animals, Inc. for leave to file an curiae brief is granted. [25-1343] (AVN) [Entered: 06/04/2025 03:13 PM]
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ORDER directing Amicus Curiae People for the Ethical Treatment of Animals to file a conforming brief. Brief due 06/11/2025 . [25-1343] (AVN) [Entered: 06/04/2025 03:15 PM]
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| NOTICE of appearance on behalf of Appellee State of New York filed by Attorney Ester Murdukhayeva. Served on 06/03/2025. [25-1343] (EM) [Entered: 06/03/2025 09:42 AM] |
| RESPONSE filed by Appellants National Institutes of Health, United States Department of Health and Human Services, Jay Bhattacharya and Robert F. Kennedy, Jr. to motion [ # 6725739-2 ]. Served on 06/03/2025. [25-1343] (JES) [Entered: 06/03/2025 03:21 PM] |
| MOTION to extend time to file brief filed by Appellees Commonwealth of Massachusetts, State of California, State of Arizona, State of Delaware, State of Connecticut, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin, Dana Nessel and State of Colorado. Served on 06/03/2025. [25-1343] (KBD) [Entered: 06/03/2025 02:56 PM] |
| NOTICE of appearance on behalf of Movant(s) People for the Ethical Treatment of Animals, Inc. filed by Attorney Alexandra Zegger. Served on 05/30/2025. [25-1343] (AZ) [Entered: 05/30/2025 06:04 PM] |
| NOTICE of appearance on behalf of Movant(s) People for the Ethical Treatment of Animals, Inc. filed by Attorney Kelsey L. McLean. Served on 05/30/2025. [25-1343] (KM) [Entered: 05/30/2025 05:33 PM] |
| NOTICE of appearance on behalf of Movant People for the Ethical Treatment of Animals filed by Attorney Alexandra H. Deal. Served on 05/30/2025. [25-1343] (AHD) [Entered: 05/30/2025 04:52 PM] |
| NOTICE issued. The following attorney has failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Yael Shavit for Commonwealth of Massachusetts. [25-1343] (AVN) [Entered: 05/29/2025 09:12 AM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney David C. Kravitz. Served on 05/22/2025. [25-1343] (DCK) [Entered: 05/22/2025 03:40 PM] |
| NOTICE of appearance on behalf of Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services filed by Attorney Brian C. Lea. Served on 05/19/2025. [25-1343] (BL) [Entered: 05/19/2025 12:08 AM] |
| DISCLOSURE statement filed by Movant People for the Ethical Treatment of Animals. Served on 05/16/2025. [25-1343] (AL) [Entered: 05/16/2025 06:08 PM] |
| MOTION for leave to file amicus curiae brief and to participate in oral argument filed by Movant(s) People for the Ethical Treatment of Animals, inc.. Served on 05/16/2025. [25-1343] CLERK'S NOTE: Docket entry was edited to modify the docket text. (AHD) [Entered: 05/16/2025 05:40 PM] |
| FIVE (5) paper copies of joint appendix [ # 6720232-2 ] submitted by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Number of volumes: 2. [25-1343] (ELM) [Entered: 05/16/2025 04:25 PM] |
| NINE (9) paper copies of appellants' brief [ # 6720228-2 ] submitted by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. [25-1343] (ELM) [Entered: 05/16/2025 03:52 PM] |
| NOTICE of appearance on behalf of Appellee State of California filed by Attorney Daniel D. Ambar. Served on 05/14/2025. [25-1343] (DA) [Entered: 05/14/2025 10:40 AM] |
| NOTICE of appearance on behalf of Appellee State of California filed by Attorney Sophia T. TonNu. Served on 05/13/2025. [25-1343] (ST) [Entered: 05/13/2025 02:00 PM] |
| NOTICE of appearance on behalf of Appellee State of California filed by Attorney Emilio Varanini. Served on 05/13/2025. [25-1343] (EEV) [Entered: 05/13/2025 02:13 PM] |
| NOTICE of appearance on behalf of Appellee Dana Nessel filed by Attorney Joshua S. Smith. Served on 05/12/2025. [25-1343] (JSS) [Entered: 05/12/2025 04:27 PM] |
| JOINT APPENDIX filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Number of volumes: 2. Served on 05/09/2025. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 05/19/2025 . [25-1343] (YCC) [Entered: 05/12/2025 12:19 PM] |
| APPELLANTS' BRIEF filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Served on 05/09/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 05/19/2025 . [25-1343] (YCC) [Entered: 05/12/2025 12:14 PM] |
| APPENDIX tendered by Appellants National Institutes of Health, United States Department of Health and Human Services, Jay Bhattacharya and Robert F. Kennedy, Jr.. Served on 05/09/2025. [25-1343] (JES) [Entered: 05/09/2025 11:50 PM] |
| BRIEF tendered by Appellants National Institutes of Health, United States Department of Health and Human Services, Jay Bhattacharya and Robert F. Kennedy, Jr.. [25-1343] (JES) [Entered: 05/09/2025 11:38 PM] |
| NOTICE of appearance on behalf of Appellee State of Oregon filed by Attorney Robert Koch. Served on 05/09/2025. [25-1343] (RAK) [Entered: 05/09/2025 05:59 PM] |
| NOTICE issued. After 05/23/2025 , the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Angela Cai for State of New Jersey, Ian R. Liston for State of Delaware and Yael Shavit for Commonwealth of Massachusetts. [25-1343] (AVN) [Entered: 05/09/2025 09:26 AM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Thomas W. Ports, Jr. for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Jay Bhattacharya, Marcus S. Sacks for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Jay Bhattacharya, Kevin P. VanLandingham for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Jay Bhattacharya, R. Sam Horan for State of Illinois, Kathleen Jennings for State of Delaware and Matthew J. Platkin for State of New Jersey. [25-1343] (AVN) [Entered: 05/09/2025 09:12 AM] |
| NOTICE of appearance on behalf of Appellee Dana Nessel filed by Attorney Neil Giovanatti. Served on 05/06/2025. [25-1343] (NG) [Entered: 05/06/2025 04:33 PM] |
| NOTICE issued. After 05/08/2025 , the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Thomas W. Ports, Jr. for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Jay Bhattacharya, Marcus S. Sacks for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Jay Bhattacharya, Kevin P. VanLandingham for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Jay Bhattacharya, Daniel Ambar for State of California, Christina L. Beatty-Walters for State of Oregon, R. Sam Horan for State of Illinois, Kathleen Jennings for State of Delaware, Chris Pappavaselio for Commonwealth of Massachusetts, Matthew J. Platkin for State of New Jersey, Joshua S. Smith for Dana Nessel, Sophia TonNu for State of California, Emilio Eugene Varanini, IV for State of California and Eric M. Gold for Massachusetts Biotechnology Council, Inc. [25-1343] (AVN) [Entered: 04/24/2025 10:03 AM] |
ORDER entered by William J. Kayatta, Jr., Appellate Judge: This matter is before the court on a "Consent Motion to Expedite Briefing and Oral Argument" filed by defendants-appellants. The motion is resolved as follows. Briefing in this matter will proceed on the following schedule: defendants-appellants' opening brief should be filed by May 9, 2025; plaintiffs-appellees' response brief(s) should be filed by June 9, 2025; any reply brief should be filed by July 1, 2025. If oral argument ultimately is deemed necessary, it will be held as soon as practicable following the completion of briefing. [25-1343] (AVN) [Entered: 04/23/2025 11:35 AM]
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| NOTICE of appearance on behalf of Appellee State of Wisconsin filed by Attorney Aaron J. Bibb. Served on 04/23/2025. [25-1343] (AB) [Entered: 04/23/2025 12:32 PM] |
| NOTICE of appearance on behalf of Appellee State of Rhode Island filed by Attorney Jordan Broadbent. Served on 04/23/2025. [25-1343] (JB) [Entered: 04/23/2025 12:09 PM] |
| NOTICE of appearance on behalf of Appellee State of Arizona filed by Attorney Joshua D. Bendor. Served on 04/22/2025. [25-1343] (JB) [Entered: 04/22/2025 06:20 PM] |
| NOTICE of appearance on behalf of Appellee State of New Mexico filed by Attorney Anjana Samant. Served on 04/21/2025. [25-1343] (AS) [Entered: 04/21/2025 05:45 PM] |
| ASSENTED TO MOTION to expedite briefing and oral argument filed by Appellants National Institutes of Health, United States Department of Health and Human Services, Jay Bhattacharya and Robert F. Kennedy, Jr.. Served on 04/21/2025. [25-1343] (JES) [Entered: 04/21/2025 09:56 PM] |
| NOTICE of appearance on behalf of Appellee State of Maine filed by Attorney Thomas A. Knowlton. Served on 04/17/2025. [25-1343] (TAK) [Entered: 04/17/2025 08:34 AM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney Katherine Dirks. Served on 04/16/2025. [25-1343] (KBD) [Entered: 04/16/2025 03:28 PM] |
| NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Spencer W. Coates. Served on 04/16/2025. [25-1343] (SWC) [Entered: 04/16/2025 03:14 PM] |
| NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Spencer W. Coates. Served on 04/16/2025. [25-1343] CLERK'S NOTE: The signature on the document does not match the name of the ECF filer under whose login and password the document was filed. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS (04/18). (SWC) [Entered: 04/16/2025 12:27 PM] |
| NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Ellen E. Range. Served on 04/16/2025. [25-1343] (EER) [Entered: 04/16/2025 12:23 PM] |
| NOTICE of appearance on behalf of Appellants Robert F. Kennedy, Jr., Jay Bhattacharya, National Institutes of Health and United States Department of Health and Human Services filed by Attorney Courtney L. Dixon. Served on 04/14/2025. [25-1343] (CD) [Entered: 04/14/2025 09:16 AM] |
| NOTICE of appearance on behalf of Appellee State of Maryland filed by Attorney Adam Kirschner. Served on 04/11/2025. [25-1343] (ADK) [Entered: 04/11/2025 10:20 AM] |
| TRANSCRIPT report/order form filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services indicating all necessary transcripts have already been filed in district court. Served on 04/11/2025. [25-1343] (JES) [Entered: 04/11/2025 11:34 PM] |
| DOCKETING statement filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Served on 04/11/2025. [25-1343] (JES) [Entered: 04/11/2025 11:33 PM] |
| NOTICE of appearance on behalf of Appellee State of Illinois filed by Attorney Alex Hemmer. Served on 04/11/2025. [25-1343] (AH) [Entered: 04/11/2025 02:27 PM] |
| NOTICE of appearance on behalf of Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services filed by Attorney Jeffrey E. Sandberg. Served on 04/10/2025. [25-1343] (JES) [Entered: 04/10/2025 04:02 PM] |
| NOTICE of appearance on behalf of Appellee State of North Carolina filed by Attorney Daniel Paul Mosteller. Served on 04/10/2025. [25-1343] (DPM) [Entered: 04/10/2025 04:39 PM] |
| NOTICE of appearance on behalf of Appellee State of Colorado filed by Attorney Shannon Stevenson. Served on 04/10/2025. [25-1343] (SWS) [Entered: 04/10/2025 04:18 PM] |
| NOTICE of appearance on behalf of Appellee State of Vermont filed by Attorney Jonathan T. Rose. Served on 04/09/2025. [25-1343] (JTR) [Entered: 04/09/2025 02:10 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #113) filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Appearance form, Docketing Statement, and Transcript Report/Order form due 04/23/2025 . [25-1343] (AVN) [Entered: 04/09/2025 03:22 PM] |
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ORDER entered: Treating Jeffrey E. Sandberg's letter as a motion to withdraw as counsel for Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health, and United States Department of Health and Human Services, the motion is allowed. Attorney Sandberg is hereby withdrawn as counsel of record, and Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health, and United States Department of Health and Human Services will continue to be represented by the remaining counsel of record. [25-1343, 25-1344, 25-1345] (AVN) [Entered: 09/26/2025 02:05 PM]