American Public Health Association, et al v. National Institutes of Health, et al
| AMERICAN PUBLIC HEALTH ASSOCIATION, IBIS REPRODUCTIVE HEALTH, BRITTANY CHARLTON, KATIE EDWARDS, PETER LURIE, NICOLE MAPHIS and INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA |
| NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, JAY BHATTACHARYA, 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 United States Department of Health & Human Services |
| ASSOCIATION OF AMERICAN MEDICAL COLLEGES, AMERICAN COUNCIL ON EDUCATION, ASSOCIATION OF AMERICAN UNIVERSITIES, ASSOCIATION OF GOVERNING BOARDS OF UNIVERSITIES AND COLLEGES (AGB), ASSOCIATION OF PUBLIC AND LAND-GRANT UNIVERSITIES, COGR, NATIONAL ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES, AMERICAN INSTITUTE OF BIOLOGICAL SCIENCES, AMERICAN SOCIOLOGICAL ASSOCIATION, ASSOCIATION FOR WOMEN IN SCIENCE, ECOLOGICAL SOCIETY OF AMERICA, GERONTOLOGICAL SOCIETY OF AMERICA, INFECTIOUS DISEASES SOCIETY OF AMERICA and SOCIETY OF ENVIRONMENTAL TOXICOLOGY AND CHEMISTRY OF NORTH AMERICA |
| AMERICAN SOCIETY FOR BIOCHEMISTRY & MOLECULAR BIOLOGY, AMERICAN SOCIETY FOR CELL BIOLOGY, AMERICAN SOCIETY FOR MICROBIOLOGY, FEDERATION OF AMERICAN SOCIETIES FOR EXPERIMENTAL BIOLOGY, AMERICAN ASSOCIATION OF STATE COLLEGES AND UNIVERSITIES and AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., d/b/a GLMA: Health Professionals Advancing LGBT Equality |
| 25-1611 |
| June 24, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
Opinions
We have the following opinions for this case:
| Description |
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 American Public Health Assn v. National Institutes of Health
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Docket Report
RSS Track this Docket
This docket was last retrieved on December 8, 2025. A more recent docket listing may be available from PACER.
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DESIGNATION of attorney presenting oral argument filed by Attorney Benjamin C. Wei for Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Attorney Benjamin C. Wei for Appellants United States Department of Health and Human Services, Jay Bhattacharya, National Institutes of Health, National Cancer Institute, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, Eunice Kennedy Shriver National Institute of Child Health & Human Development, National Institute on Deafness & Other Communication Disorders, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute on Drug Abuse, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute on Minority Health & Health Disparities, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Library of Medicine, National Center for Advancing Translational Sciences, John E. Fogarty International Center for Advanced Study in the Health Sciences, National Center for Complementary & Integrative Health, NIH Center for Scientific Review and Robert F. Kennedy, Jr. in 25-1612. Served on 12/08/2025. [25-1611, 25-1612] (BCW) [Entered: 12/08/2025 01:45 PM]
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NINE (9) paper copies of reply brief [ # 6769981-2 ] submitted by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Appellants Jay Bhattacharya, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, Robert F. Kennedy, Jr., NIH Center for Scientific Review, National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine and United States Department of Health and Human Services in 25-1612. [25-1611, 25-1612] (SRS) [Entered: 12/05/2025 02:06 PM]
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REPLY BRIEF filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Appellants Jay Bhattacharya, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, Robert F. Kennedy, Jr., NIH Center for Scientific Review, National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine and United States Department of Health and Human Services in 25-1612. Served on 12/04/2025. 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 12/11/2025 . [25-1611, 25-1612] (YCC) [Entered: 12/04/2025 11:34 AM]
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BRIEF tendered by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Appellants Jay Bhattacharya, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, Robert F. Kennedy, Jr., National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine, NIH Center for Scientific Review and United States Department of Health and Human Services in 25-1612. [25-1611, 25-1612] (BCW) [Entered: 12/03/2025 05:06 PM]
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DESIGNATION of attorney presenting oral argument filed by Attorney Rachel Anne Meeropol for Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611. Served on 12/02/2025. [25-1611, 25-1612] (RAM) [Entered: 12/02/2025 04:09 PM]
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DESIGNATION of attorney presenting oral argument filed by Attorney Gerard J. Cedrone for Appellee Commonwealth of Massachusetts in 25-1612. Served on 12/01/2025. [25-1612, 25-1611] (GJC) [Entered: 12/01/2025 11:21 AM]
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FIVE (5) paper copies of supplemental appendix - volume I [ # 6766805-2 ] submitted by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611, Appellees Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Delaware, State of Hawaii, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Washington and State of Wisconsin in 25-1612. [25-1611, 25-1612] (YCC) [Entered: 12/01/2025 11:33 AM]
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NINE (9) paper copies of appellees' brief [ # 6766825-2 ] submitted by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611. [25-1611, 25-1612] (YCC) [Entered: 12/01/2025 11:29 AM]
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FIVE (5) paper copies of redacted supplemental appendix - volume II [ # 6766815-2 ] submitted by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611, Appellees Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Delaware, State of Hawaii, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Washington and State of Wisconsin in 25-1612. [25-1611, 25-1612] (YCC) [Entered: 12/01/2025 11:35 AM]
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FIVE (5) paper copies of sealed appendix - volume II [6766817-2] submitted by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611, Appellees Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Delaware, State of Hawaii, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Washington and State of Wisconsin in 25-1612. [25-1611, 25-1612] (YCC) [Entered: 12/01/2025 11:38 AM]
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CASE calendared: This case is presently scheduled to be called for oral argument on Tuesday, January 6, 2026, 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 12/09/2025. [25-1611, 25-1612] (DJT) [Entered: 11/25/2025 12:51 PM]
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NINE (9) paper copies of amicus brief [ # 6766914-2 ] submitted by Amicus Curiae American Association of Physicians for Human Rights, Inc. d/b/a GLMA: Health Professionals Advancing LGBTQ+ Equality in 25-1611, 25-1612. [25-1611, 25-1612] (YCC) [Entered: 11/24/2025 11:24 AM]
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NINE (9) paper copies of appellees' brief [ # 6766829-2 ] submitted by Appellees Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Delaware, State of Hawaii, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Washington and State of Wisconsin in 25-1612. [25-1611, 25-1612] (NP) [Entered: 11/21/2025 11:59 AM]
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NINE (9) paper copies of amicus brief [ # 6766916-2 ] submitted by Amici Curiae American Association of State Colleges and Universities, American Council on Education, Association of American Medical Colleges, Association of American Universities, Association of Governing Boards of Universities and Colleges (AGB), Association of Public and Land-grant Universities, COGR, and National Association of Independent Colleges and Universities in 25-1611, 25-1612. [25-1611, 25-1612] (NP) [Entered: 11/21/2025 11:24 AM]
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NINE (9) paper copies of amicus brief [ # 6766917-2 ] submitted by Amici Curiae American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology in 25-1611, 25-1612. [25-1611, 25-1612] (NP) [Entered: 11/21/2025 11:09 AM]
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DISCLOSURE statement filed by Amicus Curiae American Association of Physicians for Human Rights, Inc. in 25-1611, 25-1612. Served on 11/19/2025. [25-1611, 25-1612] (AL) [Entered: 11/20/2025 12:05 PM]
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ORDER entered by Julie Rikelman, Appellate Judge: The various requests reflected in these papers are resolved as follows, with all rulings subject to revisitation by the ultimate merits panel. The publicly tendered "Supplemental Appendix - Volume I" was not accompanied by a motion for leave to file, but we infer such a request, and "Supplemental Appendix - Volume I" is accepted for public filing. The "Motion to Supplement the Record" and the "Assented-to Motion to Seal Portions of Supplemental Record" are granted . The publicly tendered, redacted version of "Supplemental Appendix - Volume II" is accepted for public filing, and the tendered-under-seal, unredacted version of "Supplemental Appendix - Volume II" is accepted for filing under seal. Again, all these rulings are subject to revisitation by the ultimate merits panel. [25-1611, 25-1612] (AL) [Entered: 11/20/2025 08:58 AM]
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SUPPLEMENTAL APPENDIX VOLUME I filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and UAW in 25-1611, Appellees Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Delaware, State of Hawaii, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Washington and State of Wisconsin in 25-1612. Served on 11/13/2025. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 11/28/2025 [25-1611, 25-1612] (AL) [Entered: 11/20/2025 10:13 AM]
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REDACTED SUPPLEMENTAL APPENDIX - VOLUME II filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and UAW in 25-1611, Appellees Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Delaware, State of Hawaii, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Washington and State of Wisconsin in 25-1612. Served on 11/13/2025. Five paper copies of the electronically filed redacted appendix must be submitted so that they are received by the court on or before 11/28/2025 [25-1611, 25-1612] (AL) [Entered: 11/20/2025 10:25 AM]
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SEALED APPENDIX - VOLUME II filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and UAW in 25-1611, Appellees Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Delaware, State of Hawaii, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Washington and State of Wisconsin in 25-1612. . Five paper copies of the SEALED appendix must be submitted so that they are received by the court on or before 11/28/2025 [25-1611, 25-1612] (AL) [Entered: 11/20/2025 10:29 AM]
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APPELLEE'S BRIEF filed by Appellee Commonwealth of Massachusetts, State of California, State of Maryland, State of Washington, State of Arizona, State of Colorado, State of Delaware, State of Hawaii, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island and State of Wisconsin in 25-1612. Served on 11/12/2025. 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 11/28/2025 . [25-1611, 25-1612] (AL) [Entered: 11/20/2025 10:50 AM]
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APPELLEE'S BRIEF filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611. Served on 11/13/2025. 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 11/28/2025 . [25-1611, 25-1612] (AL) [Entered: 11/20/2025 10:46 AM]
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DISCLOSURE statement filed by Not Parties American Council on Education, Association of American Medical Colleges, Association of American Universities, Association of Public and Land-grant Universities, COGR and National Association of Independent Colleges and Universities; American Association of State Colleges and Universities and Association of Governing Boards of Universities and Colleges in 25-1611, 25-1612. Served on 11/19/2025. [25-1611, 25-1612]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (AL) [Entered: 11/20/2025 12:20 PM]
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DISCLOSURE statement filed by Amici Curiae American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology in 25-1611, 25-1612. Served on 11/19/2025. [25-1611, 25-1612] (AL) [Entered: 11/20/2025 12:37 PM]
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AMICUS CURIAE BRIEF filed by Amicus Curiae American Association of Physicians for Human Rights, Inc. d/b/a GLMA: Health Professionals Advancing LGBTQ+ Equality in 25-1611, 25-1612 in support of Appellee. Served on 11/19/2025. 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 11/28/2025 . [25-1611, 25-1612] (AL) [Entered: 11/20/2025 01:44 PM]
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AMICUS CURIAE BRIEF filed by Amicus Curiae Association of American Medical Colleges; Association of American Universities; Association of Public and Land-grant Universities; American Council on Education; National Association of Independent Colleges and Universities; COGR, The American Association of State Colleges and Universities; Association of Governing Boards of Universities and Colleges in 25-1611, 25-1612 in support of Appellee and affirmance. Served on 11/19/2025. 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 11/28/2025 . [25-1611, 25-1612] (AL) [Entered: 11/20/2025 01:59 PM]
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AMICUS CURIAE BRIEF filed by Amicus Curiae American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology in 25-1611, 25-1612 in support of Appellee and affirmance. Served on 11/19/2025. 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 11/28/2025 . [25-1611, 25-1612] (AL) [Entered: 11/20/2025 02:13 PM]
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DISCLOSURE statement filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and UAW in 25-1611. Served on 11/20/2025. [25-1611, 25-1612] (JJR) [Entered: 11/20/2025 08:28 PM]
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AMICUS CURIAE BRIEF tendered by Association of American Medical Colleges; Association of American Universities; Association of Public and Land-grant Universities; American Council on Education; National Association of Independent Colleges and Universities; COGR; et al. [25-1611, 25-1612] (LCH) [Entered: 11/19/2025 10:23 PM]
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NOTICE of appearance on behalf of Not Parties Association of American Medical Colleges, Association of American Universities, Association of Public and Land-grant Universities, American Council on Education, National Association of Independent Colleges and Universities, COGR, American Association of State Colleges and Universities and Association of Governing Boards of Universities and Colleges (AGB) in 25-1611, 25-1612 filed by Attorney Lindsay Harrison. Served on 11/19/2025. [25-1611, 25-1612] (LCH) [Entered: 11/19/2025 09:51 PM]
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AMICUS CURIAE BRIEF tendered by American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology. [25-1611, 25-1612] (MB) [Entered: 11/19/2025 07:37 PM]
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AMICUS CURIAE BRIEF tendered by American Association of Physicians for Human Rights, Inc. d/b/a GLMA: Health Professionals Advancing LGBTQ+ Equality. Served on 11/19/2025. [25-1611, 25-1612]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (OG) [Entered: 11/19/2025 05:35 PM]
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NOTICE of appearance on behalf of Movant(s) American Association of Physicians for Human Rights, Inc. d/b/a GLMA: Health Professionals Advancing LGBTQ+ Equality filed by Attorney Omar Gonzalez-Pagan. Served on 11/19/2025. [25-1611, 25-1612] (OG) [Entered: 11/19/2025 05:30 PM]
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PLEADING tendered: Supplemental Appendix (provisionally filed under seal) filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611. Number of Volumes: ONE (1). Number of Copies: ONE (1). Certificate of service was not included. [25-1611, 25-1612] (GB) [Entered: 11/13/2025 06:48 AM]
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BRIEF tendered by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611. [25-1611, 25-1612] CLERK'S NOTE: Party selection was INCOMPLETE. Correction made by clerk's office. No further action required. (JJR) [Entered: 11/13/2025 09:27 AM]
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JOINT MOTION to supplement the record on appeal filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and UAW in 25-1611, Appellees Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Delaware, State of Hawaii, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Washington and State of Wisconsin in 25-1612. Served on 11/13/2025. [25-1611, 25-1612] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JJR) [Entered: 11/13/2025 09:50 AM]
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APPENDIX tendered by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and UAW in 25-1611, Appellees Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Delaware, State of Hawaii, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Washington and State of Wisconsin in 25-1612. Served on 11/13/2025. [25-1611, 25-1612] (JJR) [Entered: 11/13/2025 09:46 AM]
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MOTION to file supplemental appendix under seal filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611. Served on 11/13/2025. [25-1611, 25-1612] (GB) [Entered: 11/13/2025 03:52 PM]
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PLEADING tendered: Supplemental Appendix (provisionally filed under seal) filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611. Number of Volumes: ONE (1). Number of Copies: ONE (1). Certificate of service was not included. [25-1611, 25-1612] (GB) [Entered: 11/18/2025 10:25 AM]
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PLEADING tendered: A DVD containing the native files of the spreadsheets in the administrative record filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611. [25-1611, 25-1612] (YCC) [Entered: 11/17/2025 09:24 AM]
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MOTION to file supplemental appendix under seal filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, UAW, Peter Lurie and Nicole Maphis in 25-1611. Served on 11/12/2025. [25-1611, 25-1612] (GB) [Entered: 11/13/2025 06:46 AM]
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BRIEF tendered by Appellees Commonwealth of Massachusetts, State of California, State of Maryland, State of Washington, State of Arizona, State of Colorado, State of Delaware, State of Hawaii, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island and State of Wisconsin in 25-1612. [25-1612, 25-1611] (GJC) [Entered: 11/12/2025 11:54 PM]
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MOTION to supplement the record on appeal filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and UAW in 25-1611. Served on 11/12/2025. [25-1611] CLERK'S NOTE: Document should have been filed in additional case 25-1612. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT AS SOON AS POSSIBLE. . (JJR) [Entered: 11/12/2025 05:18 PM]
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APPENDIX tendered by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and UAW in 25-1611. Served on 11/12/2025. [25-1611] CLERK'S NOTE: Document should have been filed in additional case 25-1612. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT AS SOON AS POSSIBLE. (JJR) [Entered: 11/12/2025 05:14 PM]
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BRIEF tendered by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and UAW in 25-1611. [25-1611] CLERK'S NOTE: Document should have been filed in additional case 25-1612. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT AS SOON AS POSSIBLE. (JJR) [Entered: 11/12/2025 05:13 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and UAW filed by Attorney Michel-Ange Desruisseaux. Served on 11/11/2025. [25-1611] (MD) [Entered: 11/11/2025 12:59 PM]
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FIVE (5) paper copies of appendix [ # 6756750-2 ] submitted by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Appellants Jay Bhattacharya, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, Robert F. Kennedy, Jr., NIH Center for Scientific Review, National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine and United States Department of Health and Human Services. [25-1611, 25-1612] (NKR) [Entered: 10/21/2025 03:09 PM]
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NINE (9) paper copies of appellant/petitioner brief [ # 6757242-2 ] submitted by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Appellants Jay Bhattacharya, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, Robert F. Kennedy, Jr., NIH Center for Scientific Review, National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine and United States Department of Health and Human Services. [25-1611, 25-1612] (NKR) [Entered: 10/21/2025 02:50 PM]
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APPELLANTS' BRIEF filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Appellants Jay Bhattacharya, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, Robert F. Kennedy, Jr., NIH Center for Scientific Review, National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine and United States Department of Health and Human Services in 25-1612. Served on 10/10/2025. 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 10/17/2025 . [25-1611, 25-1612] (YCC) [Entered: 10/10/2025 03:31 PM]
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BRIEF tendered by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Appellants Jay Bhattacharya, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, Robert F. Kennedy, Jr., National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine, NIH Center for Scientific Review and United States Department of Health and Human Services in 25-1612. [25-1611, 25-1612] (BCW) [Entered: 10/10/2025 11:47 AM]
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APPENDIX filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Appellants Jay Bhattacharya, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, Robert F. Kennedy, Jr., NIH Center for Scientific Review, National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine and United States Department of Health and Human Services in 25-1612. Served on 09/29/2025. Number of volumes: 5. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 10/16/2025 . [25-1611, 25-1612] CLERK'S NOTE: Docket entry was modified to replace an attachment, which adds a transcript of the June 16, 2025, Bench Trial to the appendix. (YCC) [Entered: 10/09/2025 09:47 AM]
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ORDER entered. Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine, and NIH Center for Scientific Review are ordered to file a conforming brief by October 16, 2025 . The corrected brief must be served on all parties to the consolidated appeals, and the certificate of service must be updated to include the new date of service. [25-1611, 25-1612] (GB) [Entered: 10/09/2025 05:24 AM]
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APPENDIX tendered by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Appellants Jay Bhattacharya, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, Robert F. Kennedy, Jr., National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine, NIH Center for Scientific Review and United States Department of Health and Human Services in 25-1612. Served on 09/29/2025. [25-1611, 25-1612] (BCW) [Entered: 09/29/2025 05:56 PM]
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BRIEF tendered by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services in 25-1611, Appellants Jay Bhattacharya, Eunice Kennedy Shriver National Institute of Child Health & Human Development, John E. Fogarty International Center for Advanced Study in the Health Sciences, Robert F. Kennedy, Jr., National Cancer Institute, National Center for Advancing Translational Sciences, National Center for Complementary & Integrative Health, National Eye Institute, National Heart Lung & Blood Institute, National Human Genome Research Institute, National Institute of Allergy & Infectious Diseases, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Biomedical Imaging & Bioengineering, National Institute of Dental & Craniofacial Research, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Environmental Health Sciences, National Institute of General Medical Sciences, National Institute of Mental Health, National Institute of Neurological Disorders & Stroke, National Institute of Nursing Research, National Institute on Aging, National Institute on Alcohol Abuse & Alcoholism, National Institute on Deafness & Other Communication Disorders, National Institute on Drug Abuse, National Institute on Minority Health & Health Disparities, National Institutes of Health, National Library of Medicine, NIH Center for Scientific Review and United States Department of Health and Human Services in 25-1612. [25-1611, 25-1612] (BCW) [Entered: 09/29/2025 05:43 PM]
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ORDER entered by Julie Rikelman, Appellate Judge. This matter is before the court on "Defendants-Appellants Assented-to Motion to Consolidate and Set a Coordinated Briefing Schedule." The motion is granted. The above-captioned cases are consolidated for purposes of briefing and oral argument, and briefing will proceed on the schedule proposed in the motion: defendants-appellants' opening brief and appendix should be filed by September 29, 2025; plaintiffs-appellees' response briefs should be filed by November 12, 2025 (per the motion, separate response briefs will be filed); any reply brief should be filed by December 3, 2025. [25-1611, 25-1612] (GB) [Entered: 09/18/2025 10:08 AM]
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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: Dismas Locaria for Federation of American Societies for Experimental Biology, American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and American Sociological Association, American Institute of Biological Sciences, Association for Women in Science, Ecological Society of America, Gerontological Society of America, Infectious Diseases Society of America and Society of Environmental Toxicology and Chemistry of North America and Emily Rose Marcy for Federation of American Societies for Experimental Biology, American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and American Sociological Association, American Institute of Biological Sciences, Association for Women in Science, Ecological Society of America, Gerontological Society of America, Infectious Diseases Society of America and Society of Environmental Toxicology and Chemistry of North America. [25-1611] (GB) [Entered: 09/08/2025 08:37 AM]
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ASSENTED TO MOTION to consolidate cases, to extend time to file brief and appendix filed by Appellants Jay Bhattacharya, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Served on 09/05/2025. [25-1611] (BCW) [Entered: 09/05/2025 01:14 PM]
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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: Samuel Hobbs for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Jay Bhattacharya. [25-1611] (GB) [Entered: 09/04/2025 03:54 AM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers filed by Attorney Jennifer M. Herrmann. Served on 08/28/2025. [25-1611] (JH) [Entered: 08/28/2025 11:36 AM]
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NOTICE issued. After 09/05/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Dismas Locaria for Federation of American Societies for Experimental Biology, American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and American Sociological Association, American Institute of Biological Sciences, Association for Women in Science, Ecological Society of America, Gerontological Society of America, Infectious Diseases Society of America and Society of Environmental Toxicology and Chemistry of North America and Emily Rose Marcy for Federation of American Societies for Experimental Biology, American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and American Sociological Association, American Institute of Biological Sciences, Association for Women in Science, Ecological Society of America, Gerontological Society of America, Infectious Diseases Society of America and Society of Environmental Toxicology and Chemistry of North America. [25-1611] (GB) [Entered: 08/22/2025 03:47 AM]
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NOTICE issued. After 09/03/2025, the following attorney will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Samuel Hobbs for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Jay Bhattacharya. [25-1611] (GB) [Entered: 08/20/2025 03:40 AM]
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BRIEFING schedule set. Brief and Appendix due 09/16/2025 for appellants Jay Bhattacharya, Robert F. Kennedy Jr., National Institutes of Health and United States Department of Health and Human Services. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [25-1611] (GB) [Entered: 08/07/2025 11:26 AM]
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NINE (9) paper copies of amici curiae brief [ # 6736998-2 ] submitted by Amici Curiae American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology. [25-1611] (SRS) [Entered: 08/01/2025 03:47 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers filed by Attorney Emily Danya Gilman. Served on 07/21/2025. [25-1611] (EDG) [Entered: 07/21/2025 03:07 PM]
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DISCLOSURE statement filed by Amici Curiae American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology. Served on 07/08/2025. [25-1611] (GB) [Entered: 07/18/2025 05:41 PM]
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AMICI CURIAE BRIEF filed by Amici Curiae American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology in support of Appellee. Served on 07/08/2025. Nine (9) paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 07/25/2025 . [25-1611] (GB) [Entered: 07/18/2025 05:40 PM]
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ORDER entered by Lara E. Montecalvo, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Julie Rikelman, Appellate Judge. Consistent with the opinion issued this day, the appellants' motion for a stay pending appeal is denied. The American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology, and Federation of American Societies for Experimental Biology's motion for leave to file an amicus curiae brief in Case No. 25-1611 in support of the plaintiffs-appellees is granted. [25-1611, 25-1612] (GB) [Entered: 07/18/2025 03:48 PM]
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OPINION issued by Lara E. Montecalvo, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Julie Rikelman, Appellate Judge. Published. The Department's motion for a stay is denied . [25-1611, 25-1612] (GB) [Entered: 07/18/2025 03:43 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers filed by Attorney Alexis Agathocleous. Served on 07/11/2025. [25-1611] (AA) [Entered: 07/11/2025 05:11 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers filed by Attorney Olga Akselrod. Served on 07/11/2025. [25-1611] (OA) [Entered: 07/11/2025 05:08 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers filed by Attorney Sydney Zazzaro. Served on 07/11/2025. [25-1611] (SKZ) [Entered: 07/11/2025 02:07 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Ibis Reproductive Health, United Auto Workers, Brittany Charlton, Katie Edwards, Peter Lurie and Nicole Maphis filed by Attorney Max Selver. Served on 07/10/2025. [25-1611] (MRS) [Entered: 07/10/2025 03:52 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers filed by Attorney Matthew D. Brinckerhoff, Esq., Emery Celli Brinckerhoff Abady Ward & Maazel, LLP, 1 Rockefeller Plaza, 8th Floor, New York, New York 10020. Served on 07/10/2025. [25-1611] (MB) [Entered: 07/10/2025 01:47 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers filed by Attorney Ilann M. Maazel, Esq., Emery Celli Brinckerhoff Abady Ward & Maazel, LLP, 1 Rockefeller Plaza, 8th Floor, New York, New York 10020. Served on 07/10/2025. [25-1611] (IMM) [Entered: 07/10/2025 01:36 PM]
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NOTICE issued. After 07/23/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Shalini Goel Agarwal for United Auto Workers, American Public Health Association, Ibis Reproductive Health, Brittany Charlton, Katie Edwards, Peter Lurie and Nicole Maphis, Alexis Agathocleous for United Auto Workers, American Public Health Association, Ibis Reproductive Health, Brittany Charlton, Katie Edwards, Peter Lurie and Nicole Maphis, Olga Akselrod for United Auto Workers, American Public Health Association, Ibis Reproductive Health, Brittany Charlton, Katie Edwards, Peter Lurie and Nicole Maphis and Oscar Heanue for United Auto Workers, American Public Health Association, Ibis Reproductive Health, Brittany Charlton, Katie Edwards, Peter Lurie and Nicole Maphis. [25-1611] (GB) [Entered: 07/09/2025 07:17 AM]
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NOTICE of default and intent to dismiss issued. The appellants are directed to file a transcript report/order form or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Transcript report/order form due 07/23/2025 . [25-1611] (GB) [Entered: 07/09/2025 07:08 AM]
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REPLY filed by Appellants Jay Bhattacharya, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and National Institutes of Health to response [ # 6734272-2 ]. Served on 07/09/2025. [25-1611] (BCW) [Entered: 07/09/2025 04:07 PM]
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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 07/09/2025. [25-1611] (BCW) [Entered: 07/09/2025 11:57 AM]
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DISCLOSURE statement filed by Amici Curiae American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology. Served on 07/08/2025. [25-1611] (GB) [Entered: 07/08/2025 06:09 PM]
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APPENDIX to response [ # 6734272-2 ] filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers. Served on 07/08/2025. [25-1611] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (JJR) [Entered: 07/08/2025 05:11 PM]
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RESPONSE filed by Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers to motion [ # 6733502-2 ]. Served on 07/08/2025. [25-1611] (JJR) [Entered: 07/08/2025 04:59 PM]
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MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology. Served on 07/08/2025. [25-1611] (MB) [Entered: 07/08/2025 04:57 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers filed by Attorney Kenneth Parreno. Served on 07/08/2025. [25-1611] (KP) [Entered: 07/08/2025 04:31 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Ibis Reproductive Health, Katie Edwards, Peter Lurie, Nicole Maphis and United Auto Workers filed by Attorney Rachel Meeropol. Served on 07/08/2025. [25-1611] (RAM) [Entered: 07/08/2025 02:21 PM]
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NOTICE of appearance on behalf of Not Parties American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology filed by Attorney Kyle H. Keraga. Served on 07/08/2025. [25-1611] (KHK) [Entered: 07/08/2025 12:36 PM]
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NOTICE of appearance on behalf of Not Parties American Society for Biochemistry & Molecular Biology, American Society for Cell Biology, American Society for Microbiology and Federation of American Societies for Experimental Biology filed by Attorney Megan Barbero. Served on 07/08/2025. [25-1611] (MB) [Entered: 07/08/2025 12:32 PM]
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SUPPLEMENTAL record filed. Docket entries: Administrative Record Binders 1, 2, and 3 and Supplemental Administrative Record Binders Vol I and Vol II. [25-1611] (DO) [Entered: 07/07/2025 10:07 AM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Peter Lurie, Ibis Reproductive Health, United Auto Workers and Nicole Maphis filed by Attorney Alejandro Ortiz. Served on 07/07/2025. [25-1611] (AO) [Entered: 07/07/2025 02:42 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, United Auto Workers, Nicole Maphis, Peter Lurie and Ibis Reproductive Health filed by Attorney Leah Watson. Served on 07/07/2025. [25-1611] (LW) [Entered: 07/07/2025 02:27 PM]
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ORDER entered by Lara E. Montecalvo, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Julie Rikelman, Appellate Judge:This matter is before the court on defendants-appellants' "Time Sensitive Motion for Stay Pending Appeal and Immediate Administrative Stay." The request for immediate relief is DENIED . We note, though, that defendants-appellants filed their motion the day after the district court had entered a promised memorandum reflecting its legal reasoning, and our denial of immediate relief therefore is not based on the timing of relevant filings. In any event, the court intends to rule on the broader request for stay relief as soon as practicable once the motion has been briefed. Plaintiffs-appellees should respond to the stay motion by 5:00 p.m. on Tuesday, July 8, 2025. Any reply should be filed by 5:00 p.m. on Wednesday, July 9, 2025. The court then will address the stay request as soon as practicable. [25-1611] (DO) [Entered: 07/04/2025 08:27 PM]
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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 Daniel Tenny. Served on 07/04/2025. [25-1611] (DT) [Entered: 07/04/2025 09:58 AM]
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RESPONSE filed by Appellees American Public Health Association, Ibis Reproductive Health, United Auto Workers, Brittany Charlton, Katie Edwards, Peter Lurie and Nicole Maphis to motion to stay [ # 6733502-2 ]. Served on 07/03/2025. [25-1611] (JJR) [Entered: 07/03/2025 10:47 PM]
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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 07/03/2025. [25-1611] (BCW) [Entered: 07/03/2025 09:00 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Brittany Charlton, Katie Edwards, Ibis Reproductive Health, Peter Lurie, Nicole Maphis and United Auto Workers filed by Attorney Lisa S. Mankofsky. Served on 07/03/2025. [25-1611] (LM) [Entered: 07/03/2025 08:13 PM]
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EMERGENCY MOTION to stay Pending Appeal and Immediate Administrative Stay filed by Appellants Jay Bhattacharya, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and National Institutes of Health. Served on 07/03/2025. [25-1611] (BCW) [Entered: 07/03/2025 03:07 PM]
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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 Benjamin C. Wei. Served on 07/01/2025. [25-1611] (BCW) [Entered: 07/01/2025 11:02 AM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Ibis Reproductive Health, United Auto Workers, Brittany Charlton, Katie Edwards, Peter Lurie and Nicole Maphis filed by Attorney Suzanne Schlossberg. Served on 07/01/2025. [25-1611] (SS) [Entered: 07/01/2025 05:10 PM]
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NOTICE of appearance on behalf of Appellees American Public Health Association, Ibis Reproductive Health, United Auto Workers, Brittany Charlton, Katie Edwards, Peter Lurie and Nicole Maphis filed by Attorney Jessie J. Rossman. Served on 07/01/2025. [25-1611] (JJR) [Entered: 07/01/2025 05:07 PM]
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SUPPLEMENTAL record filed. Docket entries: 147 - Order denying motion to stay, entered June 24, 2024 by Judge Young. [25-1611] (JMK) [Entered: 06/24/2025 04:40 PM]
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CIVIL CASE docketed. Notice of appeal (doc. #139) 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 07/08/2025 . [25-1611] (GB) [Entered: 06/24/2025 10:47 AM]
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