State of California, et al v. U.S. Department of Health and Human Services, et al
| STATE OF CALIFORNIA, STATE OF NEW YORK, STATE OF CONNECTICUT, STATE OF COLORADO, STATE OF DELAWARE, DISTRICT OF COLUMBIA, 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, JOSH SHAPIRO, in the official capacity as Governor of the Commonwealth of Pennsylvania, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WASHINGTON and STATE OF WISCONSIN |
| UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ROBERT F. KENNEDY, JR., in the official capacity as Secretary of the U.S. Department of Health and Human Services, CENTERS FOR MEDICARE & MEDICAID SERVICES and MEHMET OZ, in the official capacity as Administrator of the Centers for Medicare and Medicaid Services |
| AMERICAN CENTER FOR LAW AND JUSTICE |
| 25-2165 |
| December 4, 2025 |
| U.S. Court of Appeals, First Circuit |
| Constitutionality of State Statutes |
Docket Report
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ORDER entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelp , Jr., Appellate Judge and Lara E. Montecalvo, Appellate Judge: Defendant-Appellants ("the Government") have filed an unopposed motion to dismiss the appeal (based on mootness) and an opposed motion to publish our order granting a stay pending appeal. We address here only the opposed motion to publish; we will address the motion to dismiss by a separate order or judgment. The Government's motion to publish the court's order is GRANTED . [25-2165] (ATC) [Entered: 06/01/2026 03:46 PM]
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| REPLY filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services to response [ # 6797237-2 ]. Served on 04/06/2026. [25-2165] (MAB) [Entered: 04/06/2026 11:56 AM] |
| RESPONSE filed by Appellees Commonwealth of Massachusetts, District of Columbia, Josh Shapiro, 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, State of Washington and State of Wisconsin to motion [ # 6794512-2 ]. Served on 03/30/2026. [25-2165] (CN) [Entered: 03/30/2026 04:41 PM] |
| MOTION to publish order granting stay 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. Served on 03/19/2026. [25-2165] (MAB) [Entered: 03/19/2026 10:28 AM] |
| MOTION to dismiss case filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services. Served on 03/19/2026. [25-2165] (MAB) [Entered: 03/19/2026 10:23 AM] |
| NOTICE of appearance on behalf of Appellee State of Michigan filed by Attorney Kyla Barranco. Served on 02/26/2026. [25-2165] (KLB) [Entered: 02/26/2026 09:47 AM] |
| NOTICE of appearance on behalf of Appellee State of Nevada filed by Attorney K. Brunetti Ireland. Served on 01/27/2026. [25-2165] (KI) [Entered: 01/27/2026 03:30 PM] |
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ORDER granting motion to extend time to file brief and appendix filed by Appellants Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Robert F. Kennedy, Jr., and Mehmet Oz. Brief and Appendix due 03/20/2026 for appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy Jr., Mehmet Oz, and United States Department of Health and Human Services. [25-2165] (ATC) [Entered: 01/13/2026 04:30 PM]
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| MOTION to extend time to file brief and appendix filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services. Served on 01/13/2026. [25-2165] (MAB) [Entered: 01/13/2026 03:29 PM] |
| BRIEFING schedule set. Brief and Appendix due 02/18/2026 for appellants 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), appellees' brief will be due 30 days following service of appellants' brief and appellants' reply brief will be due 21 days following service of appellees' brief. [25-2165] (ATC) [Entered: 01/09/2026 02:20 PM] |
| NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Sarah Jeanne Gallo for State of Illinois. [25-2165] (ATC) [Entered: 01/05/2026 09:21 AM] |
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ORDER entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelp , Jr., Appellate Judge and Lara E. Montecalvo, Appellate Judge: the motion for a stay pending appeal is GRANTED . The administrative stay previously issued by this Court on December 8, 2025, is VACATED . The American Center for Law & Justice's motion for leave to file an amicus brief is DENIED as moot without prejudice to refiling of a compliant motion and amicus brief during merits consideration. See, e.g. , Fed. R. App. P. 29(a)(3), (5), (6). [25-2165] (JMK) [Entered: 12/30/2025 04:28 PM]
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| NINE (9) paper copies of supplemental brief [ # 6774520-2 ] submitted by Appellees Commonwealth of Massachusetts, District of Columbia, Josh Shapiro, 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, State of Washington, and State of Wisconsin. [25-2165] (DK) [Entered: 12/31/2025 04:02 PM] |
| LETTER regarding suggestion to remand filed by Attorney Maxwell A. Baldi for Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services. Served on 12/23/2025. [25-2165] (MAB) [Entered: 12/23/2025 12:57 PM] |
| NOTICE of appearance on behalf of Appellee State of Delaware filed by Attorney Vanessa L. Kassab. Served on 12/19/2025. [25-2165] (VLK) [Entered: 12/19/2025 11:01 AM] |
| NOTICE of appearance on behalf of Appellee State of New York filed by Attorney Blair Greenwald. Served on 12/19/2025. [25-2165] (BJG) [Entered: 12/19/2025 08:16 AM] |
| REQUEST for removal from the service list filed by Attorney Sarah Jeanne Gallo for Appellee State of Illinois. Certificate of service was not included. [25-2165] (ATC) [Entered: 01/05/2026 09:21 AM] |
| BRIEF tendered by Appellees Commonwealth of Massachusetts, District of Columbia, Josh Shapiro, 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, State of Washington and State of Wisconsin. Served on 12/19/2025. [25-2165] 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. (CN) [Entered: 12/19/2025 04:50 PM] |
| SUPPLEMENTAL BRIEF filed by Appellees Commonwealth of Massachusetts, District of Columbia, Josh Shapiro, 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, State of Washington and State of Wisconsin. Served on 12/19/2025. 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 12/30/2025 . [25-2165] (YCC) [Entered: 12/23/2025 09:24 AM] |
| NINE (9) paper copies of supplemental brief [ # 6773367-2 ] submitted by Appellants Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz, and United States Department of Health and Human Services. [25-2165] (DK) [Entered: 12/29/2025 08:51 AM] |
| NOTICE of appearance on behalf of Appellee State of Nevada filed by Attorney Heidi Parry Stern. Served on 12/18/2025. [25-2165] (HPS) [Entered: 12/18/2025 05:31 PM] |
| NOTICE of appearance on behalf of Appellee State of Wisconsin filed by Attorney Faye B. Hipsman. Served on 12/18/2025. [25-2165] (FBH) [Entered: 12/18/2025 11:23 AM] |
| MOTION for leave to file amicus curiae brief in support of Appellant's motion to stay [ # 6770649-2 ] filed by Movant(s) American Center for Law and Justice. Served on 12/17/2025. [25-2165]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (NJM) [Entered: 12/17/2025 03:24 PM] |
| SUPPLEMENTAL BRIEF filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz, and United States Department of Health and Human Services. Served on 12/16/2025. 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 12/24/2025 . [25-2165] (ATC) [Entered: 12/17/2025 12:38 PM] |
| DISCLOSURE statement filed by Amicus Curiae American Center for Law and Justice. Served on 12/12/2025. [25-2165] (ATC) [Entered: 12/17/2025 09:43 AM] |
| NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Lauryn K. Fraas. Served on 12/16/2025. [25-2165] (LKF) [Entered: 12/16/2025 05:25 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. Served on 12/16/2025. [25-2165] 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. (MAB) [Entered: 12/16/2025 05:16 PM] |
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ORDER entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelp , Appellate Judge and Lara E. Montecalvo, Appellate Judge: This is an appeal from an order granting a preliminary injunction on December 2, 2025, in the District Court for the District of Massachusetts. We have jurisdiction under 28 U.S.C. 1292(a). Defendant-Appellants have filed in this court a "Motion for Stay Pending Appeal and Administrative Stay" (the "Motion"). We earlier granted the Motion's request for an administrative stay. Plaintiff-Appellees since have filed an opposition to the request for a stay pending appeal. On December 12, 2025, we issued an opinion and judgment in Appeal Nos. 25-1698 & 25-1755 ("the Planned Parenthood Opinion"). The parties are hereby ordered to address the Planned Parenthood Opinion as follows: Defendant-Appellants are ordered to file a supplemental brief of no more than fifteen (15) pages addressing the effect, if any, of the Planned Parenthood Opinion on the Motion, to be filed no later than 5:00 p.m. on December 16, 2025 . Plaintiff-Appellees may file a response to that supplemental brief of no more than fifteen (15) pages addressing Defendant-Appellants' supplemental brief and the effect, if any, of the Planned Parenthood Opinion on the Motion, to be filed no later than 5:00 p.m. on December 19, 2025 . We will hold in abeyance any ruling on the Motion until after the expiration of Plaintiff-Appellees' time to respond. The administrative stay previously entered remains in place without modification. [25-2165] (AL) [Entered: 12/14/2025 09:20 AM]
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| AMICUS CURIAE BRIEF in support of appellants' motion for stay tendered by American Center for Law & Justice. [25-2165]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (OFS) [Entered: 12/12/2025 08:00 PM] |
| NOTICE of appearance on behalf of Movant(s) American Center for Law and Justice filed by Attorney Jordan Sekulow. Served on 12/12/2025. [25-2165] (JAS) [Entered: 12/12/2025 09:37 PM] |
| NOTICE of appearance on behalf of Movant(s) American Center for Law and Justice filed by Attorney Nathan Jeremiah Moelker. Served on 12/12/2025. [25-2165] (NJM) [Entered: 12/12/2025 09:27 PM] |
| NOTICE of appearance on behalf of Movant(s) American Center for Law & Justice filed by Attorney Olivia F. Summers. Served on 12/12/2025. [25-2165] (OFS) [Entered: 12/12/2025 07:57 PM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney Allyson Slater. Served on 12/12/2025. [25-2165] (ATS) [Entered: 12/12/2025 09:53 AM] |
| NOTICE of appearance on behalf of Appellee State of Minnesota filed by Attorney Elizabeth Kramer. Served on 12/11/2025. [25-2165] (ECK) [Entered: 12/11/2025 04:47 PM] |
| NOTICE of appearance on behalf of Appellee District of Columbia filed by Attorney Sarah Carroll. Served on 12/11/2025. [25-2165] (SC) [Entered: 12/11/2025 11:47 AM] |
| NOTICE of appearance on behalf of Appellee District of Columbia filed by Attorney Caroline S. Van Zile. Served on 12/11/2025. [25-2165] (CSV) [Entered: 12/11/2025 09:29 AM] |
| RESPONSE filed by Appellees State of California, Commonwealth of Massachusetts, District of Columbia, Josh Shapiro, 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, State of Washington and State of Wisconsin to motion to stay [ # 6770649-2 ]. Served on 12/10/2025. [25-2165] (CN) [Entered: 12/11/2025 02:07 AM] |
| NOTICE of appearance on behalf of Appellee State of New Jersey filed by Attorney Elizabeth R. Walsh. Served on 12/10/2025. [25-2165] (ERW) [Entered: 12/10/2025 01:07 PM] |
| NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Andrew R.W. Hughes. Served on 12/10/2025. [25-2165] (ARH) [Entered: 12/10/2025 08:45 PM] |
| NOTICE of appearance on behalf of Appellee State of Rhode Island filed by Attorney Sarah W. Rice. Served on 12/10/2025. [25-2165] (SR) [Entered: 12/10/2025 06:48 PM] |
| NOTICE of appearance on behalf of Appellee Josh Shapiro filed by Attorney Michael J. Fischer. Served on 12/10/2025. [25-2165] (MJF) [Entered: 12/10/2025 02:31 PM] |
| NOTICE of appearance on behalf of Appellee State of Oregon filed by Attorney Robert Koch. Served on 12/09/2025. [25-2165] (RAK) [Entered: 12/09/2025 02:02 PM] |
| NOTICE of appearance on behalf of Appellee State of Maine filed by Attorney Thomas A. Knowlton. Served on 12/09/2025. [25-2165] (TAK) [Entered: 12/09/2025 10:37 AM] |
| NOTICE of appearance on behalf of Appellee State of Colorado filed by Attorney David Moskowitz. Served on 12/09/2025. [25-2165] (DM) [Entered: 12/09/2025 10:18 AM] |
| NOTICE of appearance on behalf of Appellee State of Michigan filed by Attorney Neil Giovanatti. Served on 12/08/2025. [25-2165] (NG) [Entered: 12/08/2025 01:40 PM] |
| NOTICE of appearance on behalf of Appellee State of Connecticut filed by Attorney Janelle Medeiros. Served on 12/08/2025. [25-2165] (JM) [Entered: 12/08/2025 04:50 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 filed by Attorney Daniel Tenny. Served on 12/08/2025. [25-2165] (DT) [Entered: 12/08/2025 09:52 AM] |
| MOTION to stay preliminary injunction pending appeal filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., United States Department of Health and Human Services and Mehmet Oz. Served on 12/08/2025. [25-2165] (MAB) [Entered: 12/08/2025 07:52 AM] |
| TRANSCRIPT report/order form filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services indicating transcripts are not necessary for this appeal. Served on 12/08/2025. [25-2165] (MAB) [Entered: 12/08/2025 02:19 PM] |
| DOCKETING statement filed by Appellants Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr., Mehmet Oz and United States Department of Health and Human Services. Served on 12/08/2025. [25-2165] (MAB) [Entered: 12/08/2025 02:19 PM] |
| NOTICE of appearance on behalf of Appellee State of New York filed by Attorney Judith N Vale. Served on 12/08/2025. [25-2165] (JNV) [Entered: 12/08/2025 10:37 PM] |
| NOTICE of appearance on behalf of Appellee State of Maryland filed by Attorney James C. Luh. Served on 12/08/2025. [25-2165] (JCL) [Entered: 12/08/2025 03:38 PM] |
| NOTICE of appearance on behalf of Appellee State of Illinois filed by Attorney Sarah A. Hunger. Served on 12/08/2025. [25-2165] (SAH) [Entered: 12/08/2025 04:41 PM] |
| NOTICE of appearance on behalf of Appellee State of Connecticut filed by Attorney Alma R. Nunley. Served on 12/08/2025. [25-2165] (ARN) [Entered: 12/08/2025 04:44 PM] |
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ORDER entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelp , Jr., Appellate Judge and Lara E. Montecalvo, Appellate Judge: This is an appeal from an order granting a preliminary injunction on December 2, 2025, in the District Court for the District of Massachusetts. We have jurisdiction under 28 U.S.C. 1292(a). Defendant-Appellants have filed in this court a "Motion for Stay Pending Appeal and Administrative Stay" (the "Motion"). The Motion contains two requests; the sole request we address in this order is the request for an administrative stay. After careful review, we conclude that an administrative stay is appropriate. See United States v. Texas , 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring) (discussing considerations relevant to administrative stays). Accordingly, the request for an immediate administrative stay is granted . We intend to rule on the request for a stay pending appeal promptly. [25-2165] (ATC) [Entered: 12/08/2025 05:05 PM]
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| NOTICE of appearance on behalf of Appellee State of New Mexico filed by Attorney Amy Senier. Served on 12/05/2025. [25-2165] (AS) [Entered: 12/05/2025 10:55 AM] |
| NOTICE of appearance on behalf of Appellee State of North Carolina filed by Attorney Daniel P. Mosteller. Served on 12/05/2025. [25-2165] (DPM) [Entered: 12/05/2025 09:04 AM] |
| 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 filed by Attorney Maxwell A. Baldi. Served on 12/05/2025. [25-2165] (MAB) [Entered: 12/05/2025 10:00 AM] |
| NOTICE of appearance on behalf of Appellee State of Vermont filed by Attorney Jonathan T. Rose. Served on 12/05/2025. [25-2165] (JTR) [Entered: 12/05/2025 08:10 AM] |
| NOTICE of appearance on behalf of Appellee State of California filed by Attorney Cara McConnell Newlon. Served on 12/05/2025. [25-2165] (CN) [Entered: 12/05/2025 01:09 PM] |
| NOTICE of appearance on behalf of Appellee State of Hawaii filed by Attorney Kaliko'onalani D. Fernandes. Served on 12/05/2025. [25-2165] (KDF) [Entered: 12/05/2025 08:15 PM] |
| NOTICE of appearance on behalf of Appellee State of Hawaii filed by Attorney David D. Day. Served on 12/05/2025. [25-2165] (DDD) [Entered: 12/05/2025 08:17 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #85) filed by Appellants Centers for Medicare & 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 12/18/2025 . [25-2165] (ATC) [Entered: 12/04/2025 05:15 PM] |
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