Commonwealth of Massachusetts, et al v. Kennedy, et al
| 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 |
| UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, 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, 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 Health and Human Services |
| 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 PHYSICIANS FOR HUMAN RIGHTS, INC., d/b/a GLMA: Health Professionals Advancing LGBT Equality, AMERICAN ASSOCIATION OF STATE COLLEGES AND UNIVERSITIES, (AASCU), AMERICAN COUNCIL ON EDUCATION, (ACE), ASSOCIATION OF AMERICAN MEDICAL COLLEGES, (AAMC), ASSOCIATION OF AMERICAN UNIVERSITIES, (AAU), ASSOCIATION OF GOVERNING BOARDS OF UNIVERSITIES AND COLLEGES (AGB), ASSOCIATION OF PUBLIC AND LAND-GRANT UNIVERSITIES, (APLU), COGR and NATIONAL ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES, (NAICU) |
| 25-1612 |
| June 24, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
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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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
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]
|
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| NOTICE of appearance on behalf of 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 filed by Attorney Megan Barbero. Served on 11/19/2025. [25-1612] (MB) [Entered: 11/19/2025 08:09 PM] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| MOTION to supplement the record on appeal (DUPLICATE Motion to Supplemental the record on appeal [ # 6764828-2 ] filed in 25-1611, 25-1622) filed 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. Served on 11/12/2025. [25-1612] CLERK'S NOTE: Docket entry was edited to modify the docket text. No further action is needed from filer. (GJC) [Entered: 11/12/2025 10:32 PM] |
| APPENDIX 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. Served on 11/12/2025. [25-1612] CLERK'S NOTE: Document should have been filed in additional case 25-1611 . THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT AS SOON AS POSSIBLE. (GJC) [Entered: 11/12/2025 10:28 PM] |
| 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] |
| 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] |
| 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] |
| NOTICE of appearance on behalf of Appellee State of New Mexico filed by Attorney Amy Senier. Served on 10/27/2025. [25-1612] (AS) [Entered: 10/27/2025 12:02 PM] |
| NOTICE of appearance on behalf of Appellee State of New Mexico filed by Attorney Amy Senier. Served on 10/23/2025. [25-1612] 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, BY 10/28/2025. (AS) [Entered: 10/23/2025 06:55 PM] |
| NOTICE of appearance on behalf of Appellee State of Delaware filed by Attorney Vanessa L. Kassab. Served on 10/20/2025. [25-1612] (VLK) [Entered: 10/20/2025 01:28 PM] |
| NOTICE of appearance on behalf of Appellee State of Delaware filed by Attorney Ian R. Liston. Served on 10/20/2025. [25-1612] (IRL) [Entered: 10/20/2025 01:26 PM] |
| NOTICE of appearance on behalf of Appellee State of New Mexico in 25-1612 filed by Attorney Anjana Samant. Served on 10/17/2025. [25-1612] CLERK'S NOTE: Document should not have been filed in additional case 25-1611. Correction made by clerk's office. No further action required. (AS) [Entered: 10/17/2025 11:41 AM] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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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| ASSENTED TO MOTION to consolidate cases, to extend time to file brief and appendix filed by 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. Served on 09/05/2025. [25-1612] (BCW) [Entered: 09/05/2025 01:16 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: Samuel Hobbs for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr., Jay Bhattacharya, 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 and NIH Center for Scientific Review. [25-1612] (GB) [Entered: 09/04/2025 03:58 AM] |
| NOTICE issued. After 09/02/2025, the following attorneys 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., Jay Bhattacharya, 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 and NIH Center for Scientific Review. [25-1612] (GB) [Entered: 08/19/2025 09:11 AM] |
| NOTICE of appearance on behalf of Appellee State of New Jersey filed by Attorney Bryce Kelly Hurst. Served on 08/18/2025. [25-1612] (BKH) [Entered: 08/18/2025 11:07 AM] |
| NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Nicholas W. Brown. Served on 08/15/2025. [25-1612] (NWB) [Entered: 08/15/2025 01:55 PM] |
| BRIEFING schedule set. Brief and Appendix due 09/15/2025 for 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. 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. [25-1612] (GB) [Entered: 08/04/2025 06:19 PM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account, will no longer receive notice of court issued documents in this case, AND counsel are not allowed to appear on any further filings until appearance form is filed : Thomas W. Ports, Jr. for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr., Jay Bhattacharya, 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 and NIH Center for Scientific Review, Christina L. Beatty-Walters for State of Oregon, Robert Bonta for State of California, Anthony G. Brown for State of Maryland, Nicholas W. Brown for State of Washington, Keith Ellison for State of Minnesota, Peter J. Farrell for State of Minnesota, Aaron D. Ford for State of Nevada, Letitia James for State of New York, Kathleen Jennings for State of Delaware, Joshua L. Kaul for State of Wisconsin, Anne E. Lopez for State of Hawaii, Kristin K. Mayes for State of Arizona, Lauren Kelsey Peach for State of Colorado, Matthew J. Platkin for State of New Jersey, Daniel A. Rayfield for State of Oregon, Raul Torrez for State of New Mexico, Nancy Trasande for State of New Jersey and Philip J. Weiser for State of Colorado. [25-1612] (GB) [Entered: 07/25/2025 05:38 AM] |
| NOTICE of appearance on behalf of Appellee State of Wisconsin filed by Attorney Lynn K. Lodahl. Served on 07/24/2025. [25-1612] (LKL) [Entered: 07/24/2025 10:42 AM] |
| DOCKETING statement filed by 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. Served on 07/24/2025. [25-1612] (BCW) [Entered: 07/24/2025 08:03 AM] |
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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] |
| NOTICE of appearance on behalf of Appellee State of California filed by Attorney Nimrod Pitsker Elias. Served on 07/14/2025. [25-1612] (NPE) [Entered: 07/14/2025 05:26 PM] |
| NOTICE of appearance on behalf of Appellee State of Maryland filed by Attorney Michael Drezner. Served on 07/14/2025. [25-1612] (MD) [Entered: 07/14/2025 09:50 AM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney Nadav S. Pearl. Served on 07/11/2025. [25-1612] (NSP) [Entered: 07/11/2025 01:23 PM] |
| NOTICE of appearance on behalf of Appellee State of New Mexico filed by Attorney Astrid Carrete. Served on 07/11/2025. [25-1612] (AC) [Entered: 07/11/2025 05:44 PM] |
| 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: Thomas W. Ports, Jr. for National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr., Jay Bhattacharya, 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 and NIH Center for Scientific Review, Christina L. Beatty-Walters for State of Oregon, Kathleen Boergers for State of California, Robert Bonta for State of California, Anthony G. Brown for State of Maryland, Nicholas W. Brown for State of Washington, Hilary Ann Burke Chan for State of California, Julia Doyle for State of Maryland, Keith Ellison for State of Minnesota, Peter J. Farrell for State of Minnesota, Aaron D. Ford for State of Nevada, Letitia James for State of New York, Kathleen Jennings for State of Delaware, Joshua L. Kaul for State of Wisconsin, Lynn Kristine Lodahl for State of Wisconsin, Anne E. Lopez for State of Hawaii, Kristin K. Mayes for State of Arizona, Lauren Kelsey Peach for State of Colorado, Matthew J. Platkin for State of New Jersey, Daniel A. Rayfield for State of Oregon, Raul Torrez for State of New Mexico, Nancy Trasande for State of New Jersey and Philip J. Weiser for State of Colorado. [25-1612] (GB) [Entered: 07/09/2025 03:49 AM] |
| TRANSCRIPT report/order form filed by 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 indicating all necessary transcripts have already been filed in district court. Served on 07/09/2025. [25-1612] (BCW) [Entered: 07/09/2025 12:00 PM] |
| NOTICE of appearance on behalf of Appellee State of Maryland filed by Attorney James C. Luh. Served on 07/09/2025. [25-1612] (JCL) [Entered: 07/09/2025 07:59 AM] |
| NOTICE of default and intent to dismiss issued. The appellants are directed to file a docketing statement and transcript report/order form or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Docketing Statement and Transcript report/order form due 07/23/2025 . [25-1612] (GB) [Entered: 07/09/2025 03:56 AM] |
| NOTICE of appearance on behalf of Appellee State of Nevada filed by Attorney Heidi Parry Stern. Served on 07/09/2025. [25-1612] (HPS) [Entered: 07/09/2025 02:04 PM] |
| NOTICE of appearance on behalf of Appellee State of Hawaii filed by Attorney Kalikoonalani D. Fernandes. Served on 07/09/2025. [25-1612] (KDF) [Entered: 07/09/2025 08:20 PM] |
| REPLY filed by 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 to response [ # 6734270-2 ]. Served on 07/09/2025. [25-1612] (BCW) [Entered: 07/09/2025 04:10 PM] |
| NOTICE of appearance on behalf of Appellee State of Hawaii filed by Attorney David D. Day. Served on 07/09/2025. [25-1612] (DDD) [Entered: 07/09/2025 08:22 PM] |
| NOTICE of Filing of Courtesy Electronic Copies filed 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. Served on 07/08/2025. [25-1612] (GJC) [Entered: 07/08/2025 05:40 PM] |
| RESPONSE filed 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 to motion [ # 6733503-2 ]. Served on 07/08/2025. [25-1612] (GJC) [Entered: 07/08/2025 04:57 PM] |
| NOTICE of appearance on behalf of Appellee State of California filed by Attorney Sophia TonNu. Served on 07/08/2025. [25-1612] (ST) [Entered: 07/08/2025 01:20 PM] |
| NOTICE of appearance on behalf of Appellee State of Maryland filed by Attorney Adam D. Kirschner. Served on 07/08/2025. [25-1612] (ADK) [Entered: 07/08/2025 12:24 PM] |
| NOTICE of appearance on behalf of Appellee State of New Jersey filed by Attorney Angela Cai. Served on 07/05/2025. [25-1612] (AC) [Entered: 07/05/2025 02:04 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. [25-1612] (DO) [Entered: 07/04/2025 08:43 PM]
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| NOTICE of appearance on behalf of 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, United States Department of Health and Human Services, NIH Center for Scientific Review, National Library of Medicine, National Institutes of Health, National Institute on Minority Health & Health Disparities, National Institute on Drug Abuse, National Institute on Deafness & Other Communication Disorders, National Institute on Alcohol Abuse & Alcoholism, National Institute on Aging, National Institute of Nursing Research, National Institute of Neurological Disorders & Stroke, National Institute of Mental Health, National Institute of General Medical Sciences, National Institute of Environmental Health Sciences, National Institute of Diabetes & Digestive and Kidney Diseases, National Institute of Dental & Craniofacial Research, National Institute of Biomedical Imaging & Bioengineering, National Institute of Arthritis & Musculoskeletal & Skin Diseases, National Institute of Allergy & Infectious Diseases, National Human Genome Research Institute, National Heart Lung & Blood Institute and National Eye Institute filed by Attorney Daniel Tenny. Served on 07/04/2025. [25-1612] (DT) [Entered: 07/04/2025 10:01 AM] |
| EMERGENCY MOTION to stay Pending Appeal and Immediate Administrative Stay filed by 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. Served on 07/03/2025. [25-1612] (BCW) [Entered: 07/03/2025 03:09 PM] |
| RESPONSE filed 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 to motion to stay [ # 6733503-2 ]. Served on 07/03/2025. [25-1612] (GJC) [Entered: 07/03/2025 06:23 PM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney Rachel Brown. Served on 07/02/2025. [25-1612] (RMB) [Entered: 07/02/2025 10:45 AM] |
| NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Andrew R. W. Hughes. Served on 07/01/2025. [25-1612] (ARH) [Entered: 07/01/2025 07:22 PM] |
| NOTICE of appearance on behalf of 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 filed by Attorney Benjamin C. Wei. Served on 07/01/2025. [25-1612] (BCW) [Entered: 07/01/2025 11:04 AM] |
| NOTICE of appearance on behalf of Appellee State of Arizona filed by Attorney Joshua Nomkin. Served on 06/30/2025. [25-1612] (JN) [Entered: 06/30/2025 12:56 PM] |
| NOTICE of appearance on behalf of Appellee State of Minnesota filed by Attorney Elizabeth Kramer. Served on 06/30/2025. [25-1612] (ECK) [Entered: 06/30/2025 12:25 PM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney Vanessa A. Arslanian. Served on 06/29/2025. [25-1612] (VA) [Entered: 06/29/2025 02:03 PM] |
| NOTICE of appearance on behalf of Appellee State of New York filed by Attorney Judith N. Vale. Served on 06/28/2025. [25-1612] (JNV) [Entered: 06/28/2025 09:52 PM] |
| NOTICE of appearance on behalf of Appellee State of Colorado filed by Attorney Shannon Stevenson. Served on 06/27/2025. [25-1612] (SWS) [Entered: 06/27/2025 06:30 PM] |
| NOTICE of appearance on behalf of Appellee State of Rhode Island filed by Attorney Jordan Broadbent. Served on 06/27/2025. [25-1612] (JB) [Entered: 06/27/2025 04:22 PM] |
| NOTICE of appearance on behalf of Appellee State of California filed by Attorney Daniel Ambar. Served on 06/27/2025. [25-1612] (DA) [Entered: 06/27/2025 01:39 PM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney Phoebe M. Lockhart. Served on 06/26/2025. [25-1612] (PL) [Entered: 06/26/2025 01:18 PM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney Katherine Dirks. Served on 06/26/2025. [25-1612] (KBD) [Entered: 06/26/2025 01:11 PM] |
| NOTICE of appearance on behalf of Appellee State of Oregon filed by Attorney Robert Koch. Served on 06/25/2025. [25-1612] (RAK) [Entered: 06/25/2025 11:41 AM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney David C. Kravitz. Served on 06/25/2025. [25-1612] (DCK) [Entered: 06/25/2025 01:27 PM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney Gerard J. Cedrone. Served on 06/25/2025. [25-1612] (GJC) [Entered: 06/25/2025 01:09 PM] |
| NOTICE of appearance on behalf of Appellee State of California filed by Attorney Emilio Varanini. Served on 06/25/2025. [25-1612] (EEV) [Entered: 06/25/2025 12:37 PM] |
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SUPPLEMENTAL record filed. Docket entries: 160 - Order denying motion to stay, entered June 24, 2025 by Judge Young. [25-1612] (JMK) [Entered: 06/24/2025 04:42 PM]
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| CIVIL CASE docketed. Notice of appeal (doc. #152) filed by 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 M. 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. Appearance form, Docketing Statement and Transcript Report/Order form due 07/08/2025 . [25-1612] (GB) [Entered: 06/24/2025 12:25 PM] |
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