The Family Planning Association of Maine v. US Department of Health & Human Services, et al
| FAMILY PLANNING ASSOCIATION OF MAINE, d/b/a Maine Family Planning |
| UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ROBERT F. KENNEDY, JR., in the official capacity as Secretary of Health & Human Services, MEHMET OZ, in the official capacity as the Administrator of the Centers for Medicare & Medicaid Services and CENTERS FOR MEDICARE & MEDICAID SERVICES |
| STATE OF MAINE, NATIONAL HEALTH LAW PROGRAM, NATIONAL WOMEN'S LAW CENTER, WILLIAM D. ARAIZA, MAINE ACADEMY OF FAMILY PHYSICIANS, MAINE CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS, MAINE MEDICAL ASSOCIATION, MAINE OSTEOPATHIC ASSOCIATION and AMERICAN CENTER FOR LAW AND JUSTICE |
| 25-1829 |
| September 2, 2025 |
| U.S. Court of Appeals, First Circuit |
| Constitutionality of State Statutes |
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| MANDATE issued. [25-1829] (GB) [Entered: 02/20/2026 09:33 AM] |
| JUDGMENT entered by David J. Barron, Chief Appellate Judge. Upon consideration of the stipulation of dismissal filed December 18, 2025, it is hereby ordered that this appeal be voluntarily dismissed pursuant to Fed. R. App. P. 42(b)(1), with each party to bear its own costs. [25-1829] (GB) [Entered: 12/29/2025 09:52 AM] |
| MOTION to dismiss case filed by Appellant Family Planning Association of Maine. Served on 12/18/2025. [25-1829] (MHM) [Entered: 12/18/2025 04:59 PM] |
ORDER entered. Upon consideration of motion, it is ordered that the time for Appellant Family Planning Association of Maine to file a reply brief be enlarged to and including December 19, 2025 . [25-1829] (GB) [Entered: 12/15/2025 04:54 PM]
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| MOTION to extend time to file reply brief filed by Appellant Family Planning Association of Maine. Served on 12/12/2025. [25-1829] (MHM) [Entered: 12/12/2025 08:07 PM] |
| DISCLOSURE statement filed by Amicus Curiae American Center for Law and Justice. Served on 11/28/2025. [25-1829] (GB) [Entered: 12/04/2025 10:15 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae American Center for Law and Justice in support of Appellees. Served on 11/28/2025. 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 . [25-1829] (GB) [Entered: 12/04/2025 10:14 AM] |
| NINE (9) paper copies of amicus curiae brief [ # 6769932-2 ] submitted by Amicus Curiae American Center for Law and Justice. [25-1829] (SRS) [Entered: 12/12/2025 11:26 AM] |
| NOTICE of appearance on behalf of Movant(s) American Center for Law & Justice filed by Attorney Olivia F. Summers. Served on 12/03/2025. [25-1829] (OFS) [Entered: 12/03/2025 10:24 AM] |
| NOTICE of appearance on behalf of Movant(s) American Center for Law and Justice filed by Attorney Jordan Sekulow. Served on 12/03/2025. [25-1829] (JAS) [Entered: 12/03/2025 08:13 AM] |
| NOTICE of appearance on behalf of Movant(s) American Center for Law and Justice filed by Attorney Nathan J. Moelker. Served on 12/03/2025. [25-1829] (NJM) [Entered: 12/03/2025 08:11 AM] |
| DISCLOSURE statement filed by Amicus Curiae American Center for Law and Justice. Served on 11/28/2025. [25-1829] (GB) [Entered: 12/03/2025 03:24 AM] |
| AMICUS CURIAE BRIEF tendered by American Center for Law and Justice. [25-1829] (NJM) [Entered: 11/28/2025 11:30 AM] |
| NINE (9) paper copies of Appellees' brief [ # 6767675-2 ] submitted by Appellees Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz, and United States Department of Health and Human Services. [25-1829] (DK) [Entered: 11/28/2025 12:44 PM] |
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ORDER entered by Seth Robert Aframe, Appellate Judge. This is an appeal from an August 25 order in the District Court for the District of Maine denying a motion for a preliminary injunction. Plaintiff-Appellant has filed its opening brief and appendix. The deadline for the Government's response brief was November 21, 2025. Prior to the deadline, the Government filed a "Motion for an Extension of Time to File Response Brief in Light of the Lapse in Appropriations." The motion, filed during the government shutdown, seeks an extension of time for the response brief until 30 days after the resumption of appropriations. Plaintiff-Appellant filed an opposition to the request. The Government's Motion is resolved as follows: the Government shall file its response brief by December 5, 2025. [25-1829] (GB) [Entered: 11/24/2025 11:36 AM]
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| APPELLEES' BRIEF filed by Appellees 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 12/01/2025 . Reply brief due 12/12/2025 for APPELLANT Family Planning Association of Maine. [25-1829] (DK) [Entered: 11/24/2025 12:24 PM] |
| BRIEF tendered by Appellees Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., United States Department of Health and Human Services and Mehmet Oz. [25-1829] (SHH) [Entered: 11/21/2025 03:40 PM] |
| NINE (9) paper copies of amicus brief [ # 6764926-2 ] submitted by Amicus Curiae State of Maine. [25-1829] (DK) [Entered: 11/28/2025 03:23 PM] |
| NINE (9) paper copies of amicus brief [ # 6764826-2 ] submitted by Amici Curiae National Health Law Program and National Women's Law Center. [25-1829] (DK) [Entered: 11/28/2025 03:22 PM] |
| NINE (9) paper copies of amicus brief [ # 6764846-2 ] submitted by Amici Curiae Maine Academy of Family Physicians, Maine Chapter of the American Academy of Pediatrics, Maine Medical Association, and Maine Osteopathic Association. [25-1829] (DK) [Entered: 11/28/2025 03:20 PM] |
| NINE (9) paper copies of amicus brief [ # 6764839-2 ] submitted by Amicus Curiae William D. Araiza. [25-1829] (DK) [Entered: 11/28/2025 03:17 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae William D. Araiza in support of Appellant. Served on 10/29/2025. 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 11/20/2025 . [25-1829] (GB) [Entered: 11/13/2025 09:57 AM] |
| AMICI CURIAE BRIEF filed by Amici Curiae National Health Law Program and National Women's Law Center in support of Appellant. Served on 10/29/2025. 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 11/20/2025 . [25-1829] (GB) [Entered: 11/13/2025 09:49 AM] |
| DISCLOSURE statement filed by Amici Curiae National Health Law Program and National Women's Law Center. Served on 10/29/2025. [25-1829] (GB) [Entered: 11/13/2025 09:50 AM] |
| DISCLOSURE statement filed by Amici Curiae Maine Academy of Family Physicians, Maine Chapter of the American Academy of Pediatrics, Maine Medical Association and Maine Osteopathic Association. Served on 10/29/2025. [25-1829] (GB) [Entered: 11/13/2025 10:04 AM] |
| AMICI CURIAE BRIEF filed by Amici Curiae Maine Academy of Family Physicians, Maine Chapter of the American Academy of Pediatrics, Maine Medical Association and Maine Osteopathic Association in support of Appellant. Served on 10/29/2025. 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 11/20/2025 . [25-1829] (GB) [Entered: 11/13/2025 10:03 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae State of Maine in support of Appellant. Served on 10/30/2025. 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 11/20/2025 . [25-1829] (GB) [Entered: 11/13/2025 12:31 PM] |
| RESPONSE filed by Appellant Family Planning Association of Maine to motion to stay briefing until Congress restores appropriations [ # 6763911-2 ], motion to hold case in abeyance [ # 6763911-3 ]. Served on 11/12/2025. [25-1829] CLERK'S NOTE: Docket entry was edited to modify the docket text. (MHM) [Entered: 11/12/2025 06:59 PM] |
| MOTION to stay briefing until Congress restores appropriations filed by Appellees Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services. Served on 11/07/2025. [25-1829] CLERK'S NOTE: Relief selection was incorrection. Correction made by clerk's office. No further action required. (SHH) [Entered: 11/07/2025 03:43 PM] |
| NINE (9) paper copies of appellant's brief [ # 6760405-2 ] submitted by Appellant Family Planning Association of Maine. [25-1829] (SRS) [Entered: 11/03/2025 03:26 PM] |
| FIVE (5) paper copies of appendix [ # 6760414-2 ] submitted by Appellant Family Planning Association of Maine. [25-1829] (SRS) [Entered: 11/03/2025 03:17 PM] |
| AMICUS CURIAE BRIEF tendered by State of Maine. [25-1829] (CCT) [Entered: 10/30/2025 03:29 PM] |
| NOTICE of appearance on behalf of Movant(s) State of Maine filed by Attorney Christopher C. Taub. Served on 10/30/2025. [25-1829] (CCT) [Entered: 10/30/2025 03:13 PM] |
| NOTICE of appearance on behalf of Movant(s) Professor William D. Araiza filed by Attorney Sarah Lahlou-Amine. Served on 10/30/2025. [25-1829] (SL) [Entered: 10/30/2025 10:26 AM] |
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ORDER entered. On October 29, 2025, State of Maine filed a brief as amicus curiae. The brief is non-compliant because the brief does not state a concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file. See Fed. R. App. P. 29(a)(4)(D). In addition, Attorney Christopher C. Taub must file an appearance form required by 1st Cir. R. 12.0(a) and 46.0(a)(2). A corrected amicus brief and an appearance form must be filed no later than November 6, 2025 . [25-1829] (GB) [Entered: 10/30/2025 09:46 AM]
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| DISCLOSURE statement filed by Movants Maine Academy of Family Physicians, Maine Chapter of the American Academy of Pediatrics, Maine Medical Association and Maine Osteopathic Association. Served on 10/29/2025. [25-1829] (GB) [Entered: 10/30/2025 09:25 AM] |
| AMICUS CURIAE BRIEF tendered by PROFESSOR WILLIAM D. ARAIZA. [25-1829] (SL) [Entered: 10/29/2025 06:32 PM] |
| AMICUS CURIAE BRIEF tendered by MAINE MEDICAL ASSOCIATION, MAINE ACADEMY OF FAMILY PHYSICIANS, MAINE OSTEOPATHIC ASSOCIATION, AND THE MAINE CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS. [25-1829] (JM) [Entered: 10/29/2025 05:12 PM] |
| DISCLOSURE statement filed by Amici Curiae National Health Law Program and National Women's Law Center. Served on 10/29/2025. [25-1829] (MJP) [Entered: 10/29/2025 03:21 PM] |
| AMICUS CURIAE BRIEF tendered by Martha Jane Perkins on behalf of National Health Law Program and National Women's Law Center. [25-1829] (MJP) [Entered: 10/29/2025 03:13 PM] |
| NOTICE of appearance on behalf of Movant(s) National Health Law Program and National Women's Law Center filed by Attorney Martha Jane Perkins. Served on 10/29/2025. [25-1829] (MJP) [Entered: 10/29/2025 03:11 PM] |
| AMICUS CURIAE BRIEF tendered by State of Maine. [25-1829] (CCT) [Entered: 10/29/2025 12:06 PM] |
| NOTICE of appearance on behalf of Movant(s) Maine Osteopathic Association and Maine Chapter of the American Academy of Pediatrics filed by Attorney Janice Mac Avoy. Served on 10/28/2025. [25-1829] (JM) [Entered: 10/28/2025 06:17 PM] |
| APPENDIX filed by Appellant Family Planning Association of Maine. Served on 10/23/2025. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 10/31/2025 . [25-1829] (YCC) [Entered: 10/24/2025 11:23 AM] |
| APPELLANT'S BRIEF filed by Appellant Family Planning Association of Maine. Served on 10/22/2025. 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 10/31/2025 . Brief due 11/21/2025 for APPELLEES Centers for Medicare & Medicaid Services, Robert F. Kennedy Jr., Mehmet Oz and United States Department of Health and Human Services. [25-1829] (YCC) [Entered: 10/24/2025 11:05 AM] |
| APPENDIX tendered by Appellant Family Planning Association of Maine. Served on 10/23/2025. [25-1829] (MHM) [Entered: 10/23/2025 02:41 PM] |
| BRIEF tendered by Appellant Family Planning Association of Maine. [25-1829] CLERK'S NOTE: An appendix is a separate document which cannot be attached to the brief and must be filed in accordance with Fed. R. App. P 30(a)-(b) . THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT BY 10/24/2025 . (MHM) [Entered: 10/22/2025 09:00 PM] |
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ORDER entered by David J. Barron, Chief Appellate Judge; Lara E. Montecalvo, Appellate Judge and Seth Robert Aframe, Appellate Judge. This is an appeal from an August 25 order in the District Court for the District of Maine denying a motion for a preliminary injunction. After taking its appeal to this court, Plaintiff-Appellant sought from the district court an injunction pending appeal, which the district court denied on September 8. Plaintiff-Appellant then on September 17 filed in this court a "Motion for an Injunction Pending Appeal" (the "Motion"). The Government filed a response to the Motion on September 26. Plaintiff-Appellant then on September 29 filed a "Notice Regarding Pending Motion for Injunction Pending Appeal," indicating that Plaintiff-Appellant would not file a reply in support of its Motion and requesting that this court issue a ruling by 5:00 p.m. on September 30. After careful review of the Motion, we conclude that Plaintiff-Appellant has not met the demanding standard for an injunction pending appeal. "[T]he bar is harder to clear" where, as here, Plaintiff-Appellant seeks an injunction pending appeal rather than a stay of a ruling pending appeal. Accordingly, the Motion is DENIED . The request for an expedited ruling is DENIED as moot. Any other requests for relief also are DENIED . The merits briefing schedule set previously remains in effect. [25-1829] (GB) [Entered: 10/16/2025 02:17 PM]
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| CORRECTED ORDER* entered by David J. Barron, Chief Appellate Judge; Lara E. Montecalvo, Appellate Judge and Seth Robert Aframe, Appellate Judge. This is an appeal from an August 25 order in the District Court for the District of Maine denying a motion for a preliminary injunction. After taking its appeal to this court, Plaintiff-Appellant sought from the district court an injunction pending appeal, which the district court denied on September 8. Plaintiff-Appellant then on September 17 filed in this court a "Motion for an Injunction Pending Appeal" (the "Motion"). The Government filed a response to the Motion on September 26. Plaintiff-Appellant then on September 29 filed a "Notice Regarding Pending Motion for Injunction Pending Appeal," indicating that Plaintiff-Appellant would not file a reply in support of its Motion and requesting that this court issue a ruling by 5:00 p.m. on September 30. After careful review of the Motion, we conclude that Plaintiff-Appellant has not met the demanding standard for an injunction pending appeal. "[T]he bar is harder to clear" where, as here, Plaintiff-Appellant seeks an injunction pending appeal rather than a stay of a ruling pending appeal. Accordingly, the Motion is DENIED . The request for an expedited ruling is DENIED as moot. Any other requests for relief also are DENIED . The merits briefing schedule set previously remains in effect. *Corrected order entered to amend text of the order. [25-1829] (GB) [Entered: 10/16/2025 04:15 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: Taylor Andrew Asen for Family Planning Association of Maine, Joshua Margolin for Family Planning Association of Maine, Rosalie B.C. Wennberg for Family Planning Association of Maine, Emily Hall for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Mehmet Oz and Elisabeth Neylan for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Mehmet Oz. [25-1829] (GB) [Entered: 10/02/2025 08:26 AM] |
| MOTION/REQUEST the Court for a ruling on the IPA Motion no later than 5:00 pm on September 30, 2025, and NOTICE of no reply will be filed to appellees' response to motion for injunction pending appeal filed by Appellant Family Planning Association of Maine. Served on 09/29/2025. [25-1829] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (MHM) [Entered: 09/29/2025 10:42 AM] |
| RESPONSE filed by Appellees Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services to motion for injunction pending appeal [ # 6751566-2 ]. Served on 09/26/2025. [25-1829] CLERK'S NOTE: Docket entry was edited to modify the docket text. (SHH) [Entered: 09/26/2025 04:28 PM] |
| MOTION for injunction pending appeal filed by Appellant Family Planning Association of Maine. Served on 09/17/2025. [25-1829] (MHM) [Entered: 09/17/2025 12:34 PM] |
| DISCLOSURE statement filed by Appellant Family Planning Association of Maine. Served on 09/17/2025. [25-1829] (MHM) [Entered: 09/17/2025 12:29 PM] |
| NOTICE issued. After 10/01/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Taylor Andrew Asen for Family Planning Association of Maine, Joshua Margolin for Family Planning Association of Maine, Rosalie B.C. Wennberg for Family Planning Association of Maine, Emily Hall for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Mehmet Oz and Elisabeth Neylan for Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr. and Mehmet Oz. [25-1829] (GB) [Entered: 09/17/2025 03:51 AM] |
| BRIEFING schedule set. Brief and Appendix due 10/22/2025 for appellant Family Planning Association of Maine. 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. [25-1829] (GB) [Entered: 09/12/2025 04:45 PM] |
| TRANSCRIPT report/order form filed by Appellant Family Planning Association of Maine indicating all necessary transcripts have already been filed in district court. Served on 09/12/2025. [25-1829] (MHM) [Entered: 09/12/2025 02:39 PM] |
| DOCKETING statement filed by Appellant Family Planning Association of Maine. Served on 09/12/2025. [25-1829] (MHM) [Entered: 09/12/2025 02:31 PM] |
| NOTICE of appearance on behalf of Appellant Family Planning Association of Maine filed by Attorney Astrid Marisela Ackerman. Served on 09/12/2025. [25-1829] (AMA) [Entered: 09/12/2025 02:28 PM] |
| NOTICE of appearance on behalf of Appellant Family Planning Association of Maine filed by Attorney Meetra Hope Mehdizadeh. Served on 09/12/2025. [25-1829] (MHM) [Entered: 09/12/2025 02:24 PM] |
| NOTICE of filing the following transcript in district court by Court Reporter Lori Dostie Dunbar: 08/14/2025, Oral Argument. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [25-1829] (GB) [Entered: 09/10/2025 03:47 PM] |
| SUPPLEMENTAL record filed. District Court Docket entries: #33, #37, #38. [25-1829] (GB) [Entered: 09/09/2025 12:20 PM] |
| NOTICE of appearance on behalf of Appellees Centers for Medicare & 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 09/03/2025. [25-1829] (SHH) [Entered: 09/03/2025 09:04 AM] |
| NOTICE of appearance on behalf of Appellees Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services filed by Attorney Daniel Tenny. Served on 09/03/2025. [25-1829] (DT) [Entered: 09/03/2025 10:11 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #32) filed by Appellant Family Planning Association of Maine. Appearance form, Docketing Statement and Transcript Report/Order form due 09/16/2025 . [25-1829] (GB) [Entered: 09/02/2025 10:26 AM] |
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