Planned Parenthood Federation of America, Inc., et al v. Kennedy, et al
| PLANNED PARENTHOOD FEDERATION OF AMERICA, INC., PLANNED PARENTHOOD LEAGUE OF MASSACHUSETTS and PLANNED PARENTHOOD ASSOCIATION OF UTAH |
| ROBERT F. KENNEDY, JR., in the official capacity as Secretary of the U.S. Department of Health and Human Services, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, MEHMET OZ, in the official capacity as Administrator of the Centers for Medicare & Medicaid Services and CENTERS FOR MEDICARE & MEDICAID SERVICES |
| AMERICAN CENTER FOR LAW AND JUSTICE, STATE OF LOUISIANA, ALLEGHENY COUNTY, PA, STATE OF CALIFORNIA, BALTIMORE, MD, City of, STATE OF NEW YORK, CITY OF BELLINGHAM, WA, STATE OF COLORADO, STATE OF DELAWARE, STATE OF HAWAII, STATE OF ILLINOIS, STATE OF MAINE, STATE OF MARYLAND, COMMONWEALTH OF MASSACHUSETTS, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NORTH CAROLINA, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WASHINGTON, DISTRICT OF COLUMBIA, LANDMARK LEGAL FOUNDATION, CENTER FOR MEDICAL PROGRESS, DAVID DALEIDEN, ADVANCING AMERICAN FREEDOM, INC., ALABAMA POLICY INSTITUTE, AMERICA'S WOMEN, AMERICAN VALUES, ANGLICANS FOR LIFE, ASSOCIATION OF MATURE AMERICAN CITIZENS, CAPABILITY CONSULTING, CHRISTIAN MEDICAL & DENTAL ASSOCIATIONS, CONCERNED WOMEN FOR AMERICA, DEMOCRATS FOR LIFE, EAGLE FORUM, FAMILY FOUNDATION, FRAN BEVAN OF PHYLLIS SCHLAFY'S EAGLE FORUM, FRONTIERS OF FREEDOM, CHARLIE GEROW, INTERNATIONAL CONFERENCE OF EVANGELICAL CHAPLAIN ENDORSERS, JCCWATCH.ORG, LUTHERAN CENTER FOR RELIGIOUS LIBERTY, NATIONAL APOSTOLIC CHRISTIAN LEADERSHIP CONFERENCE, NATIONAL FEDERATION OF REPUBLICAN WOMEN, NEW YORK STATE CONSERVATIVE PARTY, NORTH CAROLINA VALUES COALITION, MELISSA ORTIZ, PRO-LIFE WISCONSIN, SAVE THE PERSECUTED CHRISTIANS, ANN SCHOCKETT, GREGORY P. SELTZ, PAUL STAM, STAND FOR GEORGIA VALUES ACTION, STUDENTS FOR LIFE OF AMERICA, RICHARD VIGUERIE, SUZI VOYLES, WISCONSIN FAMILY ACTION, INC., YOUNG AMERICA'S FOUNDATION, AMERICA'S FUTURE, CONSERVATIVE LEGAL DEFENSE AND EDUCATION FUND, FITZGERALD GRIFFIN FOUNDATION, CITY OF MINNEAPOLIS, MN, US CONSTITUTIONAL RIGHTS LEGAL DEFENSE FUND, CITY OF COLUMBUS, OH, COUNTY AND CITY OF DENVER, CO, CITY OF EVANSTON, IL, DANE COUNTY, WI, HARRIS COUNTY, TX, CITY OF HOBOKEN, NJ, CITY OF LOS ANGELES, , California, CITY OF MADISON, WI, MARIN COUNTY, CA, MONTGOMERY COUNTY, MD, CITY OF NEW YORK, , New York, CITY OF OAKLAND, CA, PIMA COUNTY, AZ, CITY OF CITY OF PORTLAND, OREGON, CITY OF ROCHESTER, NY, CITY AND COUNTY OF SAN FRANCISCO, CA, CITY OF SAN JOSE, CA, SANTA CLARA COUNTY, CA, CHELSEA BYERS, Mayor, City of West Hollywood, California, CHRIS CANALES, Councilmember, City of El Paso, Texas, JOHN I. CLARK, Mayor, Town of Ridgway, Colorado, CHRISTINE CORRADO, Councilmember, Township of Brighton, New York, OLGY DIAZ, Councilmember, City of Tacoma, Washington, DIANE M. ELLIS-MARSEGLIA, Commissioner, Bucks County, Pennsylvania, VANESSA FUENTES, Mayor Pro Tem, City of Austin, Texas, JAMIE GAUTHIER, Councilmember, City of Philadelphia, Pennsylvania, SUSAN HUGHES-SMITH, Legislator, County of Monroe, New York, LISA KAPLAN, Councilmember, City of Sacramento, California, JESSIE LOPEZ, Councilmember, City of Santa Ana, California, QUINTON LUCAS, Mayor, City of Kansas City, Missouri, DELISHIA PORTERFIELD, Councilmember, Metropolitan Nashville and Davidson County, Tennessee, KIM RONEY, Councilmember, City of Asheville, North Carolina, SEEMA SINGH, Councilmember, City of Knoxville, Tennessee, DAVID STOUT, Commissioner, El Paso County, Texas, GINNY WELSCH, Councilmember, Metropolitan Nashville and Davidson County, Tennessee, ROBIN WILT, Councilmember, Township of Brighton, New York, CITY OF ALBUQUERQUE, NM, ALAMEDA COUNTY, CA, NATIONAL HEALTH LAW PROGRAM, NATIONAL WOMEN'S LAW CENTER, THE LAWYERING PROJECT, STATE OF CONNECTICUT, AMERICAN ACADEMY OF FAMILY PHYSICIANS, AMERICAN ACADEMY OF NURSING, AMERICAN COLLEGE OF NURSE-MIDWIVES, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN MEDICAL WOMENS ASSOCIATION, NORTH AMERICAN SOCIETY FOR PEDIATRIC AND ADOLESCENT GYNECOLOGY, SOCIETY FOR ADOLESCENT HEALTH AND MEDICINE, SOCIETY OF FAMILY PLANNING and SOCIETY OF OB/GYN HOSPITALISTS |
| 25-1755 |
| August 6, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Statutory Actions |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 12, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| JUDGMENT entered: 25-1698 Vacated and Remanded. 25-1755 Vacated and Remanded. [25-1698, 25-1755] (ALW) [Entered: 12/12/2025 05:07 PM] |
| OPINION issued by Gustavo A. Gelp , Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge; and Seth Robert Aframe, Appellate Judge. Published. [25-1698, 25-1755] (ALW) [Entered: 12/12/2025 05:00 PM] |
| RESPONSE to citation of supplemental authorities pursuant to Fed. R. App. P. 28(j) [ # 6767849-2 ] filed by Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts in 25-1698, 25-1755. Served on 11/26/2025. [25-1698, 25-1755] (AES) [Entered: 11/26/2025 03:23 PM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., United States Department of Health and Human Services and Mehmet Oz in 25-1698, 25-1755. Served on 11/24/2025. [25-1698, 25-1755] (SHH) [Entered: 11/24/2025 04:23 PM] |
| CASE argued. Panel: Gustavo A. Gelpi, Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge and Seth Robert Aframe, Appellate Judge. Arguing attorneys: Eric Dean McArthur for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Mehmet Oz and Alan Evan Schoenfeld for Planned Parenthood League of Massachusetts, Planned Parenthood Federation of America, Inc. and Planned Parenthood Association of Utah in 25-1698, 25-1755. [25-1698, 25-1755] (DJT) [Entered: 11/12/2025 03:34 PM] |
| NINE (9) paper copies of reply brief [ # 6762654-2 ] submitted by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 11/07/2025 01:12 PM] |
| REPLY BRIEF filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz, and United States Department of Health and Human Services. 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 11/07/2025 . [25-1698, 25-1755] (DK) [Entered: 11/03/2025 05:37 PM] |
| BRIEF tendered by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755. [25-1698, 25-1755] (SHH) [Entered: 11/03/2025 04:51 PM] |
| DISCLOSURE statement filed by Amici Curiae American Academy of Family Physicians, American Academy of Nursing, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Medical Womens Association, North American Society for Pediatric and Adolescent Gynecology, Society for Adolescent Health and Medicine, Society of Family Planning, and Society of Ob/Gyn Hospitalists. Served on 10/20/2025. [25-1698, 25-1755] (ALW) [Entered: 10/29/2025 01:26 PM] |
| NINE (9) paper copies of amici brief [ # 6759948-2 ] submitted by Amici Curiae American Academy of Family Physicians, American Academy of Nursing, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Medical Womens Association, North American Society for Pediatric and Adolescent Gynecology, Society for Adolescent Health and Medicine, Society of Family Planning and Society of Ob/Gyn Hospitalists in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 10/24/2025 10:48 AM] |
ORDER entered: Upon consideration, Attorney Nicole A. Saharsky's motion for leave to enter an appearance on behalf of Amici Curiae American College of Obstetricians and Gynecologists, American Academy of Family Physicians, American Academy of Nursing, American College of Nurse-Midwives, American Medical Womens Association, North American Society for Pediatric and Adolescent Gynecology, Society for Adolescent Health and Medicine, Society of Family Planning, and Society of Ob/Gyn Hospitalists is granted. Attorney Nicole A. Saharsky's notice of appearance is accepted for filing as of this date. [25-1698, 25-1755] (ALW) [Entered: 10/22/2025 05:00 PM]
|
| AMICUS CURIAE BRIEF filed by Amici Curiae American Academy of Family Physicians, American Academy of Nursing, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Medical Womens Association, North American Society for Pediatric and Adolescent Gynecology, Society for Adolescent Health and Medicine, Society of Family Planning and Society of Ob/Gyn Hospitalists in 25-1698, 25-1755 in support of Appellees. Served on 10/20/2025. 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 10/29/2025 . [25-1698, 25-1755] (ALW) [Entered: 10/22/2025 04:48 PM] |
| NINE (9) paper copies of amicus brief [ # 6759236-2 ] submitted by Amicus Curiae Lawyering Project in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 10/22/2025 11:49 AM] |
| NINE (9) paper copies of amici brief [ # 6758548-2 ] submitted by Amici Curiae National Health Law Program and National Women's Law Center in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 10/22/2025 11:16 AM] |
| NINE (9) paper copies of amici brief [ # 6759255-2 ] submitted by Amici Curiae Commonwealth of Massachusetts, District of Columbia, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont and State of Washington in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 10/22/2025 10:58 AM] |
| NINE (9) paper copies of amici brief [ # 6758818-2 ] submitted by Amici Curiae Local Governments and Local Government Leaders in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 10/21/2025 03:25 PM] |
| NOTICE of appearance filed by Attorney Janelle Medeiros for Movants State of California, Commonwealth of Massachusetts, State of Illinois, State of Michigan, State of Hawaii, District of Columbia, State of New York, State of Delaware, State of Maine, State of Colorado, State of New Mexico, State of Maryland, State of Connecticut, State of Minnesota, State of New Jersey, State of North Carolina, State of Oregon, State of Rhode Island, State of Washington, State of Vermont, and State of Nevada in 25-1698, 25-1755. Served on 10/17/2025. [25-1698, 25-1755] (ALW) [Entered: 10/20/2025 06:24 PM] |
| AMICUS CURIAE BRIEF tendered by Amici States of Connecticut, California, New York, Colorado, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, District of Columbia. [25-1698, 25-1755] (ARN) [Entered: 10/20/2025 11:42 AM] |
|
ORDER entered: Upon consideration, Attorneys Stephanie Toti, Jamila Johnson, and Ronelle Tshiela's motion for leave to enter appearances on behalf of Amicus Curiae The Lawyering Project is granted. Attorneys Toti, Johnson, and Tshiela's notices of appearance are accepted for filing as of this date. [25-1698, 25-1755] (ALW) [Entered: 10/20/2025 04:24 PM]
|
| AMICUS CURIAE BRIEF filed by Amicus Curiae The Lawyering Project in 25-1698, 25-1755 in support of Appellees and Affirmance. Served on 10/16/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/27/2025 . [25-1698, 25-1755] (ALW) [Entered: 10/20/2025 05:35 PM] |
|
ORDER entered: Upon consideration, Attorneys Alma Rose Nunley and Janelle Medeiros's motions for leave to enter appearances on behalf of Amici Curiae States of Connecticut, California, New York, Colorado, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia is granted. Attorneys Nunley and Medeiros's notices of appearance are accepted for filing as of this date. [25-1698, 25-1755] (ALW) [Entered: 10/20/2025 06:12 PM]
|
| NOTICE of appearance on behalf of Movant(s) American College of Obstetricians and Gynecologists, American Academy of Family Physicians, American Academy of Nursing, American College of Nurse-Midwives, American Medical Womens Association, North American Society for Pediatric and Adolescent Gynecology, Society for Adolescent Health and Medicine, Society of Family Planning, and Society of Ob/Gyn Hospitalists filed by Attorney Nicole A. Saharsky. Served on 10/20/2025. [25-1698, 25-1755]. CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (NAS) [Entered: 10/20/2025 09:23 PM] |
| NOTICE of appearance filed by Attorney Alma Rose Nunley for Movants State of California, Commonwealth of Massachusetts, State of Illinois, State of Michigan, State of Hawaii, District of Columbia, State of New York, State of Delaware, State of Maine, State of Colorado, State of New Mexico, State of Maryland, State of Connecticut, State of Minnesota, State of New Jersey, State of North Carolina, State of Oregon, State of Rhode Island, State of Washington, State of Vermont, and State of Nevada in 25-1698, 25-1755. Served on 10/17/2025. [25-1698, 25-1755] (ALW) [Entered: 10/20/2025 06:35 PM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Commonwealth of Massachusetts, District of Columbia, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, and State of Washington in 25-1698, 25-1755 in support of Plaintiffs-Appellees and Affirmance. Served on 10/20/2025. 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 10/27/2025 . [25-1698, 25-1755] (ALW) [Entered: 10/20/2025 07:39 PM] |
| AMICUS CURIAE BRIEF tendered by American College of Obstetricians and Gynecologists, American Academy of Family Physicians, American Academy of Nursing, American College of Nurse-Midwives, American Medical Womens Association, North American Society for Pediatric and Adolescent Gynecology, Society for Adolescent Health and Medicine, Society of Family Planning, and Society of Ob/Gyn Hospitalists. [25-1698, 25-1755]. CLERK'S NOTE: Party selection was incorrect. Correction made by clerk's office. No further action required. (NAS) [Entered: 10/20/2025 09:28 PM] |
| MOTION requesting leave for Attorney Nicole A. Saharsky to enter an appearance on behalf of Movant(s) American College of Obstetricians and Gynecologists, American Academy of Family Physicians, American Academy of Nursing, American College of Nurse-Midwives, American Medical Womens Association, North American Society for Pediatric and Adolescent Gynecology, Society for Adolescent Health and Medicine, Society of Family Planning, and Society of Ob/Gyn Hospitalists. Served on 10/20/2025. [25-1698, 25-1755]. CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. . (NAS) [Entered: 10/20/2025 09:43 PM] |
| NINE (9) paper copies of appellees' brief [ # 6757721-2 ] submitted by Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts. [25-1698, 25-1755] (NKR) [Entered: 10/21/2025 02:10 PM] |
| DISCLOSURE statement filed by Movant The Lawyering Project in 25-1698, 25-1755. Served on 10/16/2025. [25-1698, 25-1755] (ALW) [Entered: 10/17/2025 09:41 AM] |
| NINE (9) paper copies of amici brief [ # 6757697-2 ] submitted by Amici Curiae America's Future, Conservative Legal Defense and Education Fund, Fitzgerald Griffin Foundation and US Constitutional Rights Legal Defense Fund in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 10/17/2025 11:25 AM] |
| NINE (9) paper copies of amicus brief [ # 6757481-2 ] submitted by Amicus Curiae Landmark Legal Foundation in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 10/17/2025 11:30 AM] |
| NINE (9) paper copies of amici brief [ # 6757646-2 ] submitted by Amici Curiae Advancing American Freedom, Inc., Alabama Policy Institute, America's Women, American Values, Anglicans for Life, Association of Mature American Citizens, Capability Consulting, Christian Medical & Dental Associations, Concerned Women for America, Democrats for Life, Eagle Forum, Eagle Forum, Family Foundation, Fran Bevan of Phyllis Schlafy's Eagle Forum, Frontiers of Freedom, Charlie Gerow, International Conference of Evangelical Chaplain Endorsers, JCCWatch.org, Lutheran Center for Religious Liberty, National Apostolic Christian Leadership Conference, National Federation of Republican Women, New York State Conservative Party, North Carolina Values Coalition, Melissa Ortiz, Pro-Life Wisconsin, Save the Persecuted Christians, Ann Schockett, Gregory P. Seltz, Paul Stam, Stand For Georgia Values Action, Students for Life of America, Richard Viguerie, Suzi Voyles, Wisconsin Family Action, Inc. and Young America's Foundation in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 10/17/2025 11:56 AM] |
| MOTION requesting leave for Attorney Janelle Medeiros to enter an appearance on behalf of Movant(s) Amici States of Connecticut, California, New York, Colorado, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, District of Columbia. Served on 10/17/2025. [25-1698, 25-1755] (JM) [Entered: 10/17/2025 03:42 PM] |
| MOTION requesting leave for Attorney Alma Rose Nunley to enter an appearance on behalf of Movant(s) Amici States of Connecticut, California, New York, Colorado, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, District of Columbia. Served on 10/17/2025. [25-1698, 25-1755] (ARN) [Entered: 10/17/2025 03:34 PM] |
|
ORDER entered: Upon consideration, Attorney Shannon Eddy's motion for leave to enter an appearance on behalf of Local Governments and Local Government Leaders is granted. Attorney Eddy's notice of appearance is accepted for filing as of this date. [25-1698, 25-1755] (ALW) [Entered: 10/17/2025 05:26 PM]
|
| AMICUS CURIAE BRIEF filed by Amici Curiae in Local Governments and Local Government Leaders 25-1698, 25-1755 in support of Affirmance of the Preliminary Injunction. Served on 10/14/2025. 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 10/24/2025 . [25-1698, 25-1755] (ALW) [Entered: 10/17/2025 06:20 PM] |
| DISCLOSURE statement filed by Local Governments and Local Government Leaders. Served on 10/14/2025. [25-1698, 25-1755] (ALW) [Entered: 10/17/2025 06:31 PM] |
|
ORDER entered: Upon consideration, Attorney Martha Jane Perkins's motion for leave to enter an appearance on behalf of National Health Law Program and National Women's Law Center is granted. Attorney Perkins's notice of appearance is accepted for filing as of this date. [25-1698, 25-1755] (ALW) [Entered: 10/16/2025 04:44 PM]
|
| NOTICE of appearance on behalf of Movant(s) Amici Curiae Lawyering Project filed by Attorney Stephanie Toti. Served on 10/16/2025. [25-1698, 25-1755] (ST) [Entered: 10/16/2025 10:16 AM] |
| AMICUS CURIAE BRIEF tendered by Amicus Curiae Lawyering Project. [25-1698, 25-1755] (ST) [Entered: 10/16/2025 10:23 AM] |
| NOTICE of appearance on behalf of Movant(s) Amicus Curiae Lawyering Project filed by Attorney Jamila Johnson. Served on 10/16/2025. [25-1698, 25-1755]. 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. As the document has been refiled under the correct ECF account, no further action required. (ST) [Entered: 10/16/2025 10:25 AM] |
| NOTICE of appearance on behalf of Movant(s) Amicus Curiae Lawyering Project filed by Attorney Ronelle Tshiela. Served on 10/16/2025. [25-1698, 25-1755]. 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. As the document has been refiled under the correct ECF account, no further action required. (ST) [Entered: 10/16/2025 10:29 AM] |
| NINE (9) paper copies of amici brief [ # 6757521-2 ] submitted by Amici Curiae Center for Medical Progress and David Daleiden in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 10/23/2025 12:08 PM] |
| MOTION requesting leave for Attorneys Stephanie Toti, Jamila Johnson, and Ronelle Tshiela to enter an appearance on behalf of Movant(s) Amicus Curiae The Lawyering Project. Served on 10/16/2025. [25-1698, 25-1755]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (RT) [Entered: 10/16/2025 05:00 PM] |
| PLEADING tendered: NINE (9) paper copies of amici brief [ # 6757521-2 ] filed by Amici Curiae Center for Medical Progress and David Daleiden in 25-1698. [25-1698, 25-1755] (SRS) [Entered: 10/20/2025 10:46 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae National Health Law Program and National Women's Law Center in 25-1698, 25-1755 in support of Plaintiffs-Appellees and Affirmance. Served on 10/15/2025. 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 10/23/2025 . [25-1698, 25-1755] (ALW) [Entered: 10/16/2025 05:02 PM] |
| NOTICE of appearance on behalf of Movant(s) Amicus Curiae Lawyering Project filed by Attorney Ronelle Tshiela. Served on 10/16/2025. [25-1698, 25-1755] (RT) [Entered: 10/16/2025 05:08 PM] |
| NOTICE of appearance on behalf of Movant(s) Amicus Curiae Lawyering Project filed by Attorney Jamila Johnson. Served on 10/16/2025. [25-1698, 25-1755]. CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (JAJ) [Entered: 10/16/2025 05:04 PM] |
| MOTION requesting leave for Attorney Shannon Eddy to enter an appearance on behalf of Movant(s) Local Governments and Local Government Leaders in support of Affirmance of the Preliminary Injunction. Served on 10/15/2025. [25-1698, 25-1755]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (SE) [Entered: 10/15/2025 04:31 PM] |
| AMICUS CURIAE BRIEF tendered by National Health Law Program and National Women's Law Center. [25-1698, 25-1755] (MJP) [Entered: 10/15/2025 11:55 AM] |
| MOTION for Leave to Enter a Late Appearance on Behalf of Amici Curiae the National Health Law Program and National Womens Law Center filed by Movants National Health Law Program and National Women's Law Center in 25-1698, 25-1755. Served on 10/15/2025. [25-1698, 25-1755]. CLERK'S NOTE: Party selection was incomplete and docket entry was edited to modify the docket text. (MJP) [Entered: 10/15/2025 11:53 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae Landmark Legal Foundation in 25-1698, 25-1755 in support of Appellants' Opposition to Preliminary Injunction. Served on 10/03/2025. 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 10/21/2025 . [25-1698, 25-1755] (ALW) [Entered: 10/14/2025 09:31 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Advancing American Freedom, Inc., Alabama Policy Institute, America's Women, American Values, Anglicans for Life, Association of Mature American Citizens, Fran Bevan of Phyllis Schlafy's Eagle Forum, Christian Medical & Dental Associations, Concerned Women for America, Democrats for Life, Eagle Forum, Frontiers of Freedom, Charlie Gerow, International Conference of Evangelical Chaplain Endorsers, JCCWatch.org, Lutheran Center for Religious Liberty, National Apostolic Christian Leadership Conference, New York State Conservative Party, North Carolina Values Coalition, Melissa Ortiz, Principal & Founder of Capability Consulting, Capability Consulting, Pro-Life Wisconsin, National Federation of Republican Women, Save the Persecuted Christians, Ann Schockett, Dr. Gregory P. Seltz, Executive Director, LCL, and Speaker Emeritus of The Lutheran Hour, Paul Stam, Former Speaker Pro Tem of the North Carolina House of Representatives, Stand For Georgia Values Action, Students for Life of America, Family Foundation, Richard Viguerie, Suzi Voyles, President of Eagle Forum of Georgia, Wisconsin Family Action, Inc., and Young America's Foundation in 25-1698, Amici Curiae Advancing American Freedom, Inc., Alabama Policy Institute, America's Women, American Values, Anglicans for Life, Association of Mature American Citizens, Fran Bevan of Phyllis Schlafy's Eagle Forum, Christian Medical & Dental Associations, Concerned Women for America, Democrats for Life, Eagle Forum, Frontiers of Freedom, Charlie Gerow, International Conference of Evangelical Chaplain Endorsers, JCCWatch.org, Lutheran Center for Religious Liberty, National Apostolic Christian Leadership Conference, New York State Conservative Party, North Carolina Values Coalition, Melissa Ortiz, Principal & Founder of Capability Consulting, Capability Consulting, Pro-Life Wisconsin, National Federation of Republican Women, Save the Persecuted Christians, Ann Schockett, Dr. Gregory P. Seltz, Executive Director, LCL, and Speaker Emeritus of The Lutheran Hour, Paul Stam, Former Speaker Pro Tem of the North Carolina House of Representatives, Stand For Georgia Values Action, Students for Life of America, Family Foundation, Richard Viguerie, Suzi Voyles, President of Eagle Forum of Georgia, Wisconsin Family Action, Inc., and Young America's Foundation in 25-1755 in support of Defendants-Appellants. Served on 10/03/2025. 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 10/21/2025 . [25-1698, 25-1755] (ALW) [Entered: 10/14/2025 01:26 PM] |
| DISCLOSURE statement filed by Amicus Curiae Landmark Legal Foundation in 25-1698, 25-1755. Served on 10/03/2025. [25-1698, 25-1755] (ALW) [Entered: 10/14/2025 09:52 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Center for Medical Progress and David Daleiden in 25-1698, 25-1755 in support of Appellants and Reversal. Served on 10/03/2025. 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 10/21/2025 . [25-1698, 25-1755] (ALW) [Entered: 10/14/2025 10:21 AM] |
| DISCLOSURE statement filed by Amici Curiae Center for Medical Progress and David Daleiden in 25-1698, 25-1755. Served on 10/03/2025. [25-1698, 25-1755] (ALW) [Entered: 10/14/2025 10:29 AM] |
| MOTION to extend time to file reply brief filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755. Served on 10/14/2025. [25-1698, 25-1755] (SHH) [Entered: 10/14/2025 10:39 AM] |
| NOTICE of appearance on behalf of Movant(s) National Health Law Program; National Women's Law Center filed by Attorney Martha Jane Perkins. Served on 10/14/2025. [25-1698, 25-1755] (MJP) [Entered: 10/14/2025 12:45 PM] |
| AMICUS CURIAE BRIEF tendered by National Health Law Program; National Women's Law Center. [25-1698, 25-1755] (MJP) [Entered: 10/14/2025 12:49 PM] |
| DISCLOSURE statement filed by National Health Law Program; National Women's Law Center. Served on 10/14/2025. [25-1698, 25-1755] (MJP) [Entered: 10/14/2025 12:51 PM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae America's Future, Conservative Legal Defense and Education Fund, Fitzgerald Griffin Foundation and US Constitutional Rights Legal Defense Fund in 25-1698, 25-1755 in support of Defendants-Appellants and Reversal. Served on 10/03/2025. 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 10/21/2025 . [25-1698, 25-1755] (ALW) [Entered: 10/14/2025 02:39 PM] |
| DISCLOSURE statement filed by Amici Curiae Advancing American Freedom, Inc., Alabama Policy Institute, America's Women, American Values, Anglicans for Life, Association of Mature American Citizens, Fran Bevan of Phyllis Schlafy's Eagle Forum, Christian Medical & Dental Associations, Concerned Women for America, Democrats for Life, Eagle Forum, Frontiers of Freedom, Charlie Gerow, International Conference of Evangelical Chaplain Endorsers, JCCWatch.org, Lutheran Center for Religious Liberty, National Apostolic Christian Leadership Conference, New York State Conservative Party, North Carolina Values Coalition, Melissa Ortiz, Principal & Founder of Capability Consulting, Capability Consulting, Pro-Life Wisconsin, National Federation of Republican Women, Save the Persecuted Christians, Ann Schockett, Dr. Gregory P. Seltz, Executive Director, LCL, and Speaker Emeritus of The Lutheran Hour, Paul Stam, Former Speaker Pro Tem of the North Carolina House of Representatives, Stand For Georgia Values Action, Students for Life of America, Family Foundation, Richard Viguerie, Suzi Voyles, President of Eagle Forum of Georgia, Wisconsin Family Action, Inc., and Young America's Foundation in 25-1698, Amici Curiae Advancing American Freedom, Inc., Alabama Policy Institute, America's Women, American Values, Anglicans for Life, Association of Mature American Citizens, Fran Bevan of Phyllis Schlafy's Eagle Forum, Christian Medical & Dental Associations, Concerned Women for America, Democrats for Life, Eagle Forum, Frontiers of Freedom, Charlie Gerow, International Conference of Evangelical Chaplain Endorsers, JCCWatch.org, Lutheran Center for Religious Liberty, National Apostolic Christian Leadership Conference, New York State Conservative Party, North Carolina Values Coalition, Melissa Ortiz, Principal & Founder of Capability Consulting, Capability Consulting, Pro-Life Wisconsin, National Federation of Republican Women, Save the Persecuted Christians, Ann Schockett, Dr. Gregory P. Seltz, Executive Director, LCL, and Speaker Emeritus of The Lutheran Hour, Paul Stam, Former Speaker Pro Tem of the North Carolina House of Representatives, Stand For Georgia Values Action, Students for Life of America, Family Foundation, Richard Viguerie, Suzi Voyles, President of Eagle Forum of Georgia, Wisconsin Family Action, Inc., and Young America's Foundation in 25-1755. Served on 10/03/2025. [25-1698, 25-1755] (ALW) [Entered: 10/14/2025 01:51 PM] |
| RESPONSE filed by Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts in 25-1698, 25-1755 to motion to extend time to file brief and/or appendix [ # 6757534-2 ]. Served on 10/14/2025. [25-1698, 25-1755] (AES) [Entered: 10/14/2025 02:46 PM] |
| DISCLOSURE statement filed by Amici Curiae America's Future, Conservative Legal Defense and Education Fund, Fitzgerald Griffin Foundation, and US Constitutional Rights Legal Defense Fund in 25-1698, 25-1755. Served on 10/03/2025. [25-1698, 25-1755] (ALW) [Entered: 10/14/2025 02:54 PM] |
| APPELLEES' BRIEF filed by Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts in 25-1698, 25-1755. Served on 10/13/2025. 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 10/21/2025 . [25-1698, 25-1755] (NP) [Entered: 10/14/2025 03:02 PM] |
| DISCLOSURE statement filed by Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts in 25-1698, 25-1755. Served on 10/13/2025. [25-1698, 25-1755] (NP) [Entered: 10/14/2025 03:04 PM] |
|
ORDER entered by Gustavo A. Gelp , Jr., Appellate Judge: Upon consideration of motion, it is ordered that the time for Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz, and United States Department of Health and Human Services to file a reply brief be enlarged to and including 5:00 p.m. on November 3, 2025 . No further extension this deadline will be granted. If no reply brief is filed within this deadline, any subsequent reply brief shall not be considered. This case remains calendared for argument on Wednesday, November 12, 2025, at 2:00 p.m. [25-1698, 25-1755] (ALW) [Entered: 10/14/2025 05:11 PM]
|
| NOTICE of appearance on behalf of Movant(s) Local Governments and Local Government Leaders filed by Attorney Shannon Eddy. Served on 10/14/2025. [25-1698, 25-1755] (SE) [Entered: 10/14/2025 07:40 PM] |
| AMICUS CURIAE BRIEF tendered by Local Governments and Local Government Leaders in support of Affirmance of the Preliminary Injunction. [25-1698, 25-1755]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (SE) [Entered: 10/14/2025 07:41 PM] |
| BRIEF tendered by Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts in 25-1698, 25-1755. [25-1698, 25-1755] (AES) [Entered: 10/13/2025 04:34 PM] |
| NINE (9) paper copies of amicus brief [ # 6755660-2 ] submitted by Amicus Curiae American Center for Law and Justice in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 10/09/2025 10:15 AM] |
| DISCLOSURE statement filed by Amicus Curiae American Center for Law and Justice in 25-1698, 25-1755. Served on 10/03/2025. [25-1698, 25-1755] (ALW) [Entered: 10/06/2025 11:08 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae American Center for Law and Justice in support of Defendants-Appellants in 25-1698, 25-1755. Served on 10/03/2025. 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 10/14/2025 . [25-1698, 25-1755] (ALW) [Entered: 10/06/2025 11:04 AM] |
| AMICUS CURIAE BRIEF tendered by America's Future, U.S. Constitutional Rights Legal Defense Fund, Fitzgerald Griffin Foundation, and Conservative Legal Defense and Education Fund. [25-1698, 25-1755] (WJO) [Entered: 10/03/2025 11:11 PM] |
| NOTICE of appearance on behalf of Movant(s) America's Future, U.S. Constitutional Rights Legal Defense Fund, Fitzgerald Griffin Foundation, and Conservative Legal Defense and Education Fund filed by Attorney William J. Olson. Served on 10/03/2025. [25-1698, 25-1755] (WJO) [Entered: 10/03/2025 11:20 PM] |
| JOINT STATUS report filed by Appellants Robert F. Kennedy, Jr., Centers for Medicare & Medicaid Services, Mehmet Oz and United States Department of Health, and Human Services in 25-1698, 25-1755. Served on 10/03/2025. [25-1698, 25-1755]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (SHH) [Entered: 10/03/2025 04:31 PM] |
| NOTICE of appearance on behalf of Movant(s) Center for Medical Progress, David Daleiden filed by Attorney Jesse Franklin-Murdock. Served on 10/03/2025. [25-1698, 25-1755] (JF) [Entered: 10/03/2025 03:22 PM] |
| AMICUS CURIAE BRIEF tendered by Center for Medical Progress, and David Daleiden. [25-1698, 25-1755] (MM) [Entered: 10/03/2025 03:13 PM] |
| NOTICE of appearance on behalf of Movant(s) Center for Medical Progress, and David Daleiden filed by Attorney Mark P. Meuser. Served on 10/03/2025. [25-1698, 25-1755] (MM) [Entered: 10/03/2025 02:53 PM] |
| AMICUS CURIAE BRIEF tendered by Advancing American Freedom, Inc., Alabama Policy Institute, America's Women, American Values, Anglicans for Life, Association of Mature American Citizens, Fran Bevan of Phyllis Schlafy's Eagle Forum, Christian Medical & Dental Associations, Concerned Women for America, Democrats for Life, Eagle Forum, Frontiers of Freedom, Charlie Gerow, International Conference of Evangelical Chaplain Endorsers, JCCWatch.org, Lutheran Center for Religious Liberty, National Apostolic Christian Leadership Conference, New York State Conservative Party, North Carolina Values Coalition, Melissa Ortiz, Principal & Founder of Capability Consulting, Capability Consulting, Pro-Life Wisconsin, National Federation of Republican Women, Save the Persecuted Christians, Ann Schockett, Dr. Gregory P. Seltz, Executive Director, LCL, and Speaker Emeritus of The Lutheran Hour, Paul Stam, Former Speaker Pro Tem of the North Carolina House of Representatives, Stand For Georgia Values Action, Students for Life of America, Family Foundation, Richard Viguerie, Suzi Voyles, President of Eagle Forum of Georgia, Wisconsin Family Action, Inc., and Young America's Foundation. [25-1698, 25-1755]. CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action. (JMW) [Entered: 10/03/2025 01:29 PM] |
| AMICUS CURIAE BRIEF in support of Appellants Opposition to Preliminary Injunction tendered by Landmark Legal Foundation. [25-1698, 25-1755]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (RDC) [Entered: 10/03/2025 10:30 AM] |
| NOTICE of appearance on behalf of Movant(s) Landmark Legal Foundation filed by Attorney Ronald D. Coleman. Served on 10/03/2025. [25-1698, 25-1755] (RDC) [Entered: 10/03/2025 10:29 AM] |
| AMICUS CURIAE BRIEF tendered by American Center for Law and Justice. [25-1698, 25-1755] (NJM) [Entered: 10/03/2025 08:21 AM] |
| NOTICE of appearance on behalf of Movant(s) Advancing American Freedom filed by Attorney John Marc Wheat. Served on 10/02/2025. [25-1698, 25-1755] (JMW) [Entered: 10/02/2025 02:09 PM] |
|
ORDER entered by Gustavo A. Gelp , Appellate Judge: Appellants Centers for Medicare & Medicaid Services; Robert F. Kennedy, Jr.; Mehmet Oz; and United States Department of Health and Human Services' motion for a stay of the October 3, 2025, joint status report deadline in light of lapse of appropriations is denied. The parties shall file a joint status report by no later than 5:00 p.m. on October 3, 2025 , updating the court on statutory implementation and any specific designations or identifications made under Section 71113 as directed by this court's September 18, 2025, order. 25-1698, 25-1755] (AL) [Entered: 10/02/2025 08:26 AM]
|
| RESPONSE filed by Appellees Planned Parenthood Association of Utah, Planned Parenthood League of Massachusetts and Planned Parenthood Federation of America, Inc. in 25-1698, 25-1755 to motion to extend time to file status report [ # 6754831-2 ]. Served on 10/01/2025. [25-1698, 25-1755] (AES) [Entered: 10/01/2025 08:51 PM] |
| MOTION for a stay of the status report filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755. Served on 10/01/2025. [25-1698, 25-1755]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (SHH) [Entered: 10/01/2025 03:50 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Alan Evan Schoenfeld for Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts in 25-1698, Attorney Alan Evan Schoenfeld for Appellees Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts and Planned Parenthood Association of Utah in 25-1755. Served on 09/30/2025. [25-1698, 25-1755] (AES) [Entered: 09/30/2025 04:28 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Eric Dean McArthur for Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, Attorney Eric Dean McArthur for Appellants Robert F. Kennedy, Jr., United States Department of Health and Human Services, Mehmet Oz and Centers for Medicare & Medicaid Services in 25-1755. Served on 09/30/2025. [25-1698, 25-1755] (EDM) [Entered: 09/30/2025 03:03 PM] |
| NOTICE of appearance on behalf of Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755 filed by Attorney Eric D. McArthur. Served on 09/30/2025. [25-1698, 25-1755] (EDM) [Entered: 09/30/2025 10:40 AM] |
| BRIEF tendered by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755. [25-1698, 25-1755] (SHH) [Entered: 09/29/2025 04:47 PM] |
| APPENDIX tendered by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755. Served on 09/29/2025. [25-1698, 25-1755] (SHH) [Entered: 09/29/2025 04:49 PM] |
| APPELLANTS' BRIEF filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz, and United States Department of Health and Human Services. 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 10/03/2025 . [25-1698, 25-1755] (DK) [Entered: 09/29/2025 05:07 PM] |
| APPENDIX filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz, and United States Department of Health and Human Services. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 10/03/2025. [25-1698, 25-1755] (DK) [Entered: 09/29/2025 05:10 PM] |
| Amended Calendaring Notice* issued. CASE calendared: This case is presently scheduled to be called for oral argument on Wednesday, November 12, 2025, at 2:00 p.m. in Boston, MA in the En Banc Courtroom at the Moakley Courthouse, 7th Floor. There will be no continuance except for grave cause. Designation form due 10/07/2025. *The Amended Calendaring Notice was issued to correct the room location of the scheduled oral argument. The case will be heard in the En Banc Courtroom, on Wednesday, November 12, 2025 at 2:00 p.m. [25-1698, 25-1755] (DJT) [Entered: 09/23/2025 04:14 PM] |
| CASE calendared: This case is presently scheduled to be called for oral argument on Wednesday, November 12, 2025, at 2:00 p.m. in Boston, MA in the Panel Courtroom at the Moakley Courthouse, 7th Floor. There will be no continuance except for grave cause. Designation form due 10/07/2025. [25-1698, 25-1755] (DJT) [Entered: 09/23/2025 03:08 PM] |
| BRIEFING schedule updated. Brief and Appendix due 09/29/2025 for appellant Centers for Medicare & Medicaid Services, Robert F. Kennedy Jr., Mehmet Oz, and United States Department of Health and Human Services. Brief due 10/13/2025 for appellee Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts. Defendants shall file any reply brief by 5:00 p.m. seven days after the day of filing of Plaintiffs' response brief. [25-1698, 25-1755] (ALW) [Entered: 09/18/2025 02:29 PM] |
|
ORDER entered by Gustavo A. Gelp , Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge; and Seth Robert Aframe, Appellate Judge: On September 11, we granted a motion by defendants for a stay pending appeal of two preliminary injunctions entered in the District Court for the District of Massachusetts. Plaintiffs now have filed an "Emergency Motion for Reconsideration of Stay Order and for Expedited Briefing." We ordered and received a prompt response from defendants. After careful review, we resolve the requests in the motion as follows. On the request for reconsideration, the relief sought is DENIED . On the request for an expedited briefing schedule, the motion and the response reflect that the parties do not agree on what merits briefing schedule would be most suitable. After careful consideration of the parties' respective positions, the prior briefing schedule entered on August 19, 2025 is hereby VACATED . The briefing schedule will be as follows. Defendants shall submit their opening merits brief by 5:00 p.m. on September 29, 2025. Plaintiffs shall submit their response brief by 5:00 p.m. on October 13, 2025. Plaintiffs also may file their response brief earlier than this deadline if they so choose. Defendants shall file any reply brief by 5:00 p.m. seven days after the day of filing of Plaintiffs' response brief. No extensions will be granted absent grave cause. The parties will be notified if there will be oral argument. The parties should also inform the court by letter as soon as possible if there are any dates where no counsel would be available. Last, we are mindful of the potential significance to these appeals of the forthcoming designation or identification of "prohibited entities" under the relevant statutory provision, and other aspects of statutory implementation that might be relevant to review of the merits and equities. Our understanding is that these implementing steps will commence formally on October 1. Accordingly, the parties shall submit a joint status report by no later than 5:00 p.m. on October 3, 2025, updating the court on statutory implementation and any specific designations or identifications made under Section 71113. We may require further status reports thereafter. [25-1698, 25-1755] (ALW) [Entered: 09/18/2025 02:19 PM]
|
| NINE (9) paper copies of amicus brief [ # 6750282-2 ] submitted by Amicus Curiae State of Louisiana in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 09/23/2025 09:01 AM] |
| RESPONSE filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755 to motion to reconsider [ # 6751342-2 ], motion to expedite appeal [ # 6751342-3 ]. Served on 09/17/2025. [25-1698, 25-1755] (SHH) [Entered: 09/17/2025 03:53 PM] |
| EMERGENCY MOTION to reconsider order [ # 6750247-2 ] and MOTION for Expedited Briefing filed by Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts in 25-1698, 25-1755. Served on 09/16/2025. [25-1698, 25-1755]. CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (AES) [Entered: 09/16/2025 02:52 PM] |
| NINE (9) paper copies of amicus brief [ # 6750285-2 ] submitted by Amicus Curiae American Center for Law and Justice in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 09/25/2025 09:49 AM] |
|
ORDER entered: Plaintiffs have filed an Emergency Motion for Reconsideration of Stay Order and for Expedited Briefing. Defendants shall respond thereto by 5:00 p.m. on September 17, 2025. [25-1698, 25-1755] (ALW) [Entered: 09/16/2025 03:50 PM]
|
| 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: Emily Hall for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz, Bradley Humphreys for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz, Elisabeth Neylan for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz, Jacob Siler for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz, Elizabeth Themins Hedges for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz, and Jennifer Sandman for Planned Parenthood League of Massachusetts, Planned Parenthood Federation of America, Inc., and Planned Parenthood Association of Utah. [25-1755] (ALW) [Entered: 09/15/2025 03:06 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae American Center for Law and Justice in 25-1698, 25-1755 in support of Defendants-Appellants Motion to Stay. Served on 09/05/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 09/18/2025 . [25-1698, 25-1755] (ALW) [Entered: 09/11/2025 07:59 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae State of Louisiana in 25-1698 in support of Appellants' Motion to Stay and Reversal. Served on 09/03/2025. 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 09/18/2025 . [25-1698, 25-1755] (ALW) [Entered: 09/11/2025 07:11 PM] |
|
ORDER entered by Gustavo A. Gelp , Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge; and Seth Robert Aframe, Appellate Judge: On July 21, 2025, the district court preliminarily enjoined the defendants in this action -- the Department of Health and Human Services and its Secretary, along with the Centers for Medicare and Medicaid Services and the Administrator -- from "enforcing, retroactively enforcing, or otherwise applying" section 71113 of the Act of July 4, 2025, Pub. L. No. 119-21, 71113, 139 Stat. 72, 300-01 (2025), against plaintiff Planned Parenthood Association of Utah and other members of plaintiff Planned Parenthood Federation of America, Inc., who met certain conditions specified in the court's order. The preliminary injunction also ordered the defendants to "take all steps necessary to ensure that Medicaid funding continues to be disbursed in the customary manner and timeframes to Planned Parenthood Association of Utah and other Planned Parenthood Federation of America [m]embers" who satisfied the specified conditions. The defendants have appealed both injunctions. We denied without prejudice as premature the defendants' motion to stay the injunctions pending the disposition of those appeals, while a motion for similar relief was pending in the district court. Notwithstanding the contrary conclusion reached by the district court after its careful consideration of the matter, we conclude that defendants have met their burden to show their entitlement to a stay of the preliminary injunctions pending the disposition of their appeals of the same. The motion is GRANTED . The July 21, 2025 preliminary injunction and the July 28, 2025 preliminary injunction are hereby stayed pending disposition of the respective appeals. The separate motions by the State of Louisiana and the American Center for Law & Justice for leave to file an amicus brief also are GRANTED and the briefs are accepted for filing as of this date. So ordered. [25-1698, 25-1755] (ALW) [Entered: 09/11/2025 04:40 PM]
|
| DISCLOSURE statement filed by Amicus Curiae American Center for Law and Justice in 25-1698, 25-1755. Served on 09/05/2025. [25-1698, 25-1755] (ALW) [Entered: 09/09/2025 02:18 PM] |
| DISCLOSURE statement filed by Movant State of Louisiana in 25-1698, 25-1755. Served on 09/03/2025. [25-1698, 25-1755] (ALW) [Entered: 09/08/2025 12:20 PM] |
|
ORDER entered by Gustavo A. Gelp , Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge and Seth Robert Aframe, Appellate Judge: This matter is before the court on Defendant-Appellants' August 28, 2025, Motion for Stay Pending Appeal (the "Motion") in which they "respectfully request[] that the [c]ourt act on [their] stay request by 5PM on Monday, September 8, so that the government will have sufficient time to seek relief from the Supreme Court, if necessary, before prohibited entities are identified on October 1." Motion at 3. Plaintiff-Appellees filed an opposition to the Motion on Wednesday, September 3, 2025. Defendant-Appellants filed a reply on Friday, September 5, 2025. For the information of the parties, we intend to rule on the Motion promptly. [25-1698, 25-1755] (JMK) [Entered: 09/08/2025 05:58 PM]
|
| REPLY filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755 to response [ # 6748151-2 ]. Served on 09/05/2025. [25-1698, 25-1755] (SHH) [Entered: 09/05/2025 11:11 AM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) American Center for Law and Justice. Served on 09/05/2025. [25-1698, 25-1755] (NJM) [Entered: 09/05/2025 06:43 PM] |
| NOTICE of appearance on behalf of Movant(s) State of Louisiana filed by Attorney Lincoln Davis Wilson. Served on 09/04/2025. [25-1698, 25-1755] (LDW) [Entered: 09/04/2025 12:49 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) State of Louisiana. Served on 09/03/2025. [25-1698, 25-1755] (KLS) [Entered: 09/03/2025 04:51 PM] |
| NOTICE of appearance on behalf of Movant(s) State of Louisiana filed by Attorney Kelsey L. Smith. Served on 09/03/2025. [25-1698, 25-1755] (KLS) [Entered: 09/03/2025 04:49 PM] |
| RESPONSE filed by Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts in 25-1698, 25-1755 to motion [ # 6746951-2 ]. Served on 09/03/2025. [25-1698, 25-1755] (AES) [Entered: 09/03/2025 04:19 PM] |
| AMICUS CURIAE BRIEF tendered by American Center for Law and Justice. [25-1698, 25-1755] (NJM) [Entered: 09/03/2025 09:08 AM] |
| LETTER regarding the district court's order denying the government's stay motion filed by Attorney Steven H. Hazel for Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, Attorney Steven H. Hazel for Appellants Robert F. Kennedy, Jr., United States Department of Health and Human Services, Mehmet Oz and Centers for Medicare & Medicaid Services in 25-1755. Served on 09/02/2025. [25-1698, 25-1755] (SHH) [Entered: 09/02/2025 10:59 AM] |
|
SUPPLEMENTAL record filed. Docket entries: 93 - Memorandum and Order, entered August 29, 2025 by Judge Talwani. [25-1698, 25-1755] (JMK) [Entered: 09/02/2025 10:29 AM]
|
| NOTICE issued. After 09/12/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Emily Hall for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz, Bradley Humphreys for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz, Elisabeth Neylan for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz, Jacob Siler for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz, Elizabeth Themins Hedges for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz, and Jennifer Sandman for Planned Parenthood League of Massachusetts, Planned Parenthood Federation of America, Inc., and Planned Parenthood Association of Utah. [25-1755] (ALW) [Entered: 08/29/2025 02:22 PM] |
| NINE (9) paper copies of amicus brief [ # 6746453-2 ] submitted by Amicus Curiae American Center for Law and Justice in 25-1698, 25-1755. [25-1698, 25-1755] (SRS) [Entered: 08/29/2025 02:04 PM] |
|
ORDER entered: The court is in receipt of defendants-appellants' Motion for Stay Pending Appeal. Plaintiffs-appellees are directed to file their response thereto by 5:00 p.m. on Wednesday, September 3, 2025. [25-1698, 25-1755] (ALW) [Entered: 08/28/2025 04:23 PM]
|
| MOTION to stay preliminary injunctions pending appeal filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755. Served on 08/28/2025. [25-1698, 25-1755] (SHH) [Entered: 08/28/2025 11:48 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae American Center for Law and Justice in 25-1698, 25-1755 in support of Appellants. Served on 08/20/2025. 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 09/02/2025 . [25-1698, 25-1755] (ALW) [Entered: 08/26/2025 01:50 PM] |
| DISCLOSURE statement filed by Amicus Curiae American Center for Law and Justice. Served on 08/14/2025. [25-1698, 25-1755] (ALW) [Entered: 08/20/2025 03:50 PM] |
| AMICUS CURIAE BRIEF tendered by American Center for Law and Justice. [25-1698, 25-1755] (NJM) [Entered: 08/20/2025 10:16 AM] |
|
ORDER entered by Gustavo A. Gelp , Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge and Seth Robert Aframe, Appellate Judge: Defendant-Appellants have filed in this court a "Motion for Stay Pending Appeal" (the "Motion"). Consistent with Federal Rule of Appellate Procedure 8(a), Defendant-Appellants also have filed a motion for stay pending appeal in the district court. That motion remains pending, and the district court has directed Plaintiff-Appellees to file a response by August 21, 2025. The district court indicated that it expected to consider the motion "promptly" after the filing of a response. So that the district court may have a full opportunity to address the stay motion before it, the Motion is denied . See generally Fed. R. App. P. 8(a). This denial is without prejudice to filing a renewed stay motion after any relevant ruling at the district court. [25-1698, 25-1755] (ALW) [Entered: 08/19/2025 03:12 PM]
|
| BRIEFING schedule set. Brief and Appendix due 09/29/2025 for appellant Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz, 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. [25-1698, 25-1755] (ALW) [Entered: 08/19/2025 06:37 PM] |
|
ORDER directing Amicus Curiae American Center for Law and Justice to file a conforming amicus brief. Amicus brief due 08/26/2025 . [25-1698, 25-1755] (ALW) [Entered: 08/19/2025 05:51 PM]
|
| NOTICE of appearance on behalf of Appellees Planned Parenthood League of Massachusetts, Planned Parenthood Federation of America, Inc., and Planned Parenthood Association of Utah filed by Attorney Catherine Peyton Humphreville. Served on 08/18/2025. [25-1755]. CLERK'S NOTE: Document should not have been filed in additional case, 25-1698. Correction made by clerk's office. No further action required. (CPH) [Entered: 08/18/2025 05:14 PM] |
| NOTICE of appearance on behalf of Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., and Planned Parenthood League of Massachusetts filed by Attorney Kyla Eastling. Served on 08/18/2025. [25-1755]. CLERK'S NOTE: Document should not have been filed in additional case, 25-1698. Correction made by clerk's office. No further action required. (KE) [Entered: 08/18/2025 05:17 PM] |
| REPLY filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1755, 25-1698 to response [ # 6743531-2 ]. Served on 08/15/2025. [25-1755, 25-1698] (SHH) [Entered: 08/15/2025 04:53 PM] |
| NOTICE of appearance on behalf of Appellees Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts and Planned Parenthood Association of Utah filed by Attorney Sharon K. Hogue. Served on 08/14/2025. [25-1755] (SH) [Entered: 08/14/2025 12:08 PM] |
| RESPONSE filed by Appellees Planned Parenthood Federation of America, Inc., Planned Parenthood Association of Utah and Planned Parenthood League of Massachusetts in 25-1755, 25-1698 to motion to stay [ # 6742662-2 ]. Served on 08/14/2025. [25-1755, 25-1698] (AES) [Entered: 08/14/2025 12:02 PM] |
| NOTICE of appearance on behalf of Appellees Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts and Planned Parenthood Association of Utah filed by Attorney Alex Miller. Served on 08/14/2025. [25-1755] (AM) [Entered: 08/14/2025 11:55 AM] |
| NOTICE of appearance on behalf of Appellees Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts and Planned Parenthood Association of Utah filed by Attorney Cassandra Mitchell. Served on 08/14/2025. [25-1755] (CM) [Entered: 08/14/2025 11:52 AM] |
| DISCLOSURE statement filed by Appellees Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts and Planned Parenthood Association of Utah. Served on 08/14/2025. [25-1755] (AES) [Entered: 08/14/2025 11:49 AM] |
| NOTICE of appearance on behalf of Appellees Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts and Planned Parenthood Association of Utah filed by Attorney Alan E. Schoenfeld. Served on 08/14/2025. [25-1755] (AES) [Entered: 08/14/2025 11:46 AM] |
| AMICUS CURIAE BRIEF tendered by American Center for Law and Justice. [25-1698, 25-1755] (JAS) [Entered: 08/14/2025 11:36 AM] |
| NOTICE of appearance on behalf of Movant(s) American Center for Law & Justice filed by Attorney Olivia F. Summers. Served on 08/14/2025. [25-1698, 25-1755] (OFS) [Entered: 08/14/2025 10:44 AM] |
| NOTICE of appearance on behalf of Movant(s) American Center for Law and Justice filed by Attorney Jordan A. Sekulow. Served on 08/14/2025. [25-1698, 25-1755]. (JAS) [Entered: 08/14/2025 10:40 AM] |
| NOTICE of appearance on behalf of Movant(s) American Center for Law and Justice filed by Attorney Nathan Jeremiah Moelker. Served on 08/14/2025. [25-1698, 25-1755] (NJM) [Entered: 08/14/2025 10:01 AM] |
|
ORDER entered: Appeal Nos. 25-1698 and 25-1755 are consolidated for purposes of briefing and oral argument. See Fed. R. App. P. 3(b)(2). The parties are directed to use the above caption on all future filings related to these cases. [25-1698, 25-1755] (ALW) [Entered: 08/14/2025 09:50 AM]
|
| NOTICE of appearance on behalf of Appellees Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc. and Planned Parenthood League of Massachusetts filed by Attorney Emily Nestler. Served on 08/14/2025. [25-1755] (EBN) [Entered: 08/14/2025 08:09 AM] |
|
ORDER entered: The court is in receipt of defendants-appellants' Motion for Stay Pending Appeal. Plaintiffs-appellees are directed to file their response thereto by noon on August 14, 2025. [25-1698, 25-1755] (ALW) [Entered: 08/12/2025 04:01 PM]
|
| NOTICE of appearance on behalf of Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz, and United States Department of Health and Human Services in 25-1698, 25-1755 filed by Attorney Daniel Tenny. Served on 08/11/2025. [25-1698, 25-1755]. CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (DT) [Entered: 08/11/2025 03:06 PM] |
| DOCKETING statement filed by Appellants Centers for Medicare and Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services. Served on 08/11/2025. [25-1755] (SHH) [Entered: 08/11/2025 10:33 AM] |
| MOTION to stay preliminary injunctions pending appeal filed by Appellants Centers for Medicare and Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services in 25-1698, 25-1755. Served on 08/11/2025. [25-1698, 25-1755] (SHH) [Entered: 08/11/2025 10:32 PM] |
| TRANSCRIPT report/order form filed by Appellants Centers for Medicare and Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services indicating all necessary transcripts have already been filed in district court. Served on 08/11/2025. [25-1755] (SHH) [Entered: 08/11/2025 10:34 AM] |
| NOTICE of appearance on behalf of Appellants Centers for Medicare and Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services filed by Attorney Steven H. Hazel. Served on 08/08/2025. [25-1755] (SHH) [Entered: 08/08/2025 02:50 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #75 ) filed by Appellants Centers for Medicare and Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz ,and United States Department of Health and Human Services. Docketing Statement, Transcript Report/Order form, and Appearance form due 08/20/2025 . [25-1755] (ALW) [Entered: 08/06/2025 06:05 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
