American Academy of Pediatrics, et al v. Kennedy, et al
| AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF PHYSICIANS, INC., AMERICAN PUBLIC HEALTH ASSOCIATION, INFECTIOUS DISEASES SOCIETY OF AMERICA, MASSACHUSETTS PUBLIC HEALTH ASSOCIATION, d/b/a Massachusetts Public Health Alliance, JANE DOE, MASSACHUSETTS CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS, INC., JANE DOE 2, JANE DOE 3 and SOCIETY FOR MATERNAL-FETAL MEDICINE |
| ROBERT F. KENNEDY, JR., in the official capacity as Secretary of the Department of Health and Human Services, US FOOD & DRUG ADMINISTRATION, JAY BHATTACHARYA, in the official capacities as Director of the National Institutes of Health and as Acting Director of Centers for Disease Control and Prevention, NATIONAL INSTITUTES OF HEALTH, CENTERS FOR DISEASE CONTROL AND PREVENTION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, MARTIN MAKARY, in the official capacity as Commissioner of the Food and Drug Administration, DOES 1-50, inclusive and KYLE DIAMANTAS, in the official capacity as Acting Commissioner of the Food and Drug Administration |
| ANDREA SHAW, DR. PAUL THOMAS, SHANTICIA NELSON, DR. KENNETH STOLLER, CHILDREN'S HEALTH DEFENSE, JOSE A. PEREZ, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN ACADEMY OF FAMILY PHYSICIANS, AMERICAN COLLEGE OF CHEST PHYSICIANS, AMERICAN COLLEGE OF MEDICAL GENETICS AND GENOMICS, AMERICAN COLLEGE OF NURSE-MIDWIVES, AMERICAN GYNECOLOGICAL AND OBSTETRICAL SOCIETY, AMERICAN MEDICAL ASSOCIATION, AMERICAN MEDICAL WOMEN'S ASSOCIATION, AMERICAN SOCIETY FOR REPRODUCTIVE MEDICINE, COUNCIL OF CHAIRS OF OBSTETRICS AND GYNECOLOGY, MASSACHUSETTS MEDICAL SOCIETY, NATIONAL ASSOCIATION OF NURSE PRACTITIONERS IN WOMEN'S HEALTH, NATIONAL ASSOCIATION OF PEDIATRIC NURSE PRACTITIONERS, NORTH AMERICAN SOCIETY FOR PEDIATRIC AND ADOLESCENT GYNECOLOGY, SOCIETY FOR ADOLESCENT HEALTH AND MEDICINE, SOCIETY OF GENERAL INTERNAL MEDICINE, SOCIETY OF GYNECOLOGIC ONCOLOGY, SOCIETY OF GYNECOLOGIC SURGEONS, SOCIETY OF OB/GYN HOSPITALISTS, PEDIATRIC INFECTIOUS DISEASES SOCIETY, INC., AMERICAN ACADEMY OF NURSING, AMERICAN ASSOCIATION OF IMMUNOLOGISTS, AMERICAN THORACIC SOCIETY, NETWORK FOR PUBLIC HEALTH LAW, ROBERT WOOD JOHNSON FOUNDATION, AMERICAN ACADEMY OF ALLERGY, ASTHMA, & IMMUNOLOGY, 119 DEANS, CHAIRS, AND PUBLIC HEALTH AND HEALTH POLICY SCHOLARS and AMERICA'S PHYSICIAN GROUPS |
| GOVERNORS PUBLIC HEALTH ALLIANCE, STATE OF NEW MEXICO, STATE OF MICHIGAN, STATE OF MARYLAND, STATE OF MAINE, STATE OF DELAWARE, STATE OF CONNECTICUT, STATE OF COLORADO, STATE OF ARIZONA, JOSH SHAPIRO, in the official capacity as Governor of the Commonwealth of Pennsylvania, STATE OF WISCONSIN, STATE OF RHODE ISLAND, STATE OF OREGON, STATE OF NEW JERSEY, STATE OF MINNESOTA, STATE OF CALIFORNIA, LAURA STEPHENS, JD, JOSHUA M. SHARFSTEIN, MD, WILLIAM M. SAGE, MD, JD, SARA ROSENBAUM, JD, CHRISTOPHER ROBERTSON, JD, PhD, FRANCES MILLER, JD, JEFFREY LEVI, PhD, PAULA LANTZ, PhD, TIMOTHY STOLTZFUS JOST, JD, LYNN R. GOLDMAN, MD, MPH, MS, NICOLE L. HUBERFELD, JD, DEFEND PUBLIC HEALTH, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, PRO-VACCINE LEGAL ALLIANCE AT AMERICAN FAMILIES FOR VACCINES, NATIONAL PATIENT ADVOCATE FOUNDATION, NATIONAL MULTIPLE SCLEROSIS SOCIETY, NATIONAL CONSUMERS LEAGUE, NATIONAL COMPREHENSIVE CANCER NETWORK, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, LUNGEVITY FOUNDATION, INTERNATIONAL FOUNDATION FOR AUTOIMMUNE & AUTOINFLAMMATORY ARTHRITIS, IATVFOUNDATION, HYPERTROPHIC CARDIOMYOPATHY ASSOCIATION, HEALTHYWOMEN, GO2 FOR LUNG CANCER, CERVIVOR, INC., CANCER NATION, CANCERCARE, BYRD CANCER EDUCATION AND ADVOCACY FOUNDATION, BLOOD CANCER UNITED, ASSOCIATION OF PEDIATRIC HEMATOLOGY/ONCOLOGY NURSES, ARTHRITIS FOUNDATION, AMERICAN SOCIETY OF PEDIATRIC HEMATOLOGY/ONCOLOGY, AMERICAN LUNG ASSOCIATION, AIDS INSTITUTE, AMERICAN CANCER SOCIETY, CONSERVATIVE LEGAL DEFENSE AND EDUCATION FUND and AMERICA'S FUTURE |
| 26-1503 |
| May 1, 2026 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
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| CASE argued. Panel: David J. Barron, Chief Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Joshua D. Dunlap, Appellate Judge. Arguing attorneys: Matthew Charles Zorn for FDA, Does 1-50, National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr., Jay Bhattacharya, Centers for Disease Control and Prevention and Kyle Diamantas and Andrew J. Pincus for Jane Doe 2, Massachusetts Public Health Association, American Public Health Association, Jane Doe 3, American Academy of Pediatrics, Massachusetts Chapter of the American Academy of Pediatrics, Inc., American College of Physicians, Society for Maternal-Fetal Medicine, Jane Doe and Infectious Diseases Society of America. [26-1503] (DJT) [Entered: 10/06/2026 12:24 PM] |
| RESPONSE to citation of supplemental authorities pursuant to Fed. R. App. P. 28(j) [ # 6842781-2 ] filed by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Infectious Diseases Society of America, Massachusetts Public Health Association, Jane Doe, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Jane Doe 2, Jane Doe 3 and Society for Maternal-Fetal Medicine. Served on 09/22/2026. [26-1503] (AJP) [Entered: 09/22/2026 11:22 AM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Does 1-50, FDA, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Served on 09/11/2026. [26-1503] (MCZ) [Entered: 09/11/2026 05:08 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Andrew J. Pincus for Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine. Served on 09/10/2026. [26-1503] (AJP) [Entered: 09/10/2026 05:11 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Matthew Charles Zorn for Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, Robert F. Kennedy, Jr., National Institutes of Health, United States Department of Health and Human Services and FDA. Served on 09/08/2026. [26-1503] (MCZ) [Entered: 09/08/2026 07:12 PM] |
| NOTICE of appearance filed by Attorney Graham White for Appellees Jane Doe 2, Massachusetts Public Health Association, American Public Health Association, Jane Doe 3, American Academy of Pediatrics, Massachusetts Chapter of the American Academy of Pediatrics, Inc., American College of Physicians, Society for Maternal-Fetal Medicine, Jane Doe, and Infectious Diseases Society of America. Served on 09/03/2026. [26-1503] (ALW) [Entered: 09/08/2026 12:28 PM] |
| NOTICE of appearance filed by Attorney Andrew J. Pincus for Appellees Jane Doe 2, Massachusetts Public Health Association, American Public Health Association, Jane Doe 3, American Academy of Pediatrics, Massachusetts Chapter of the American Academy of Pediatrics, Inc., American College of Physicians, Society for Maternal-Fetal Medicine, Jane Doe, and Infectious Diseases Society of America. Served on 09/03/2026. [26-1503] (ALW) [Entered: 09/08/2026 12:00 PM] |
| NOTICE of appearance filed by Attorney Aaron E. Nathan for Amici Curiae William M. Sage, Jeffrey Levi, Sara Rosenbaum, Joshua M. Sharfstein, MD, Lynn R. Goldman, Nicole L. Huberfeld, Timothy Stoltzfus Jost, Paula Lantz, Frances Miller, Christopher Robertson, and Laura Stephens. Served on 09/03/2026. [26-1503] (ALW) [Entered: 09/08/2026 11:43 AM] |
ORDER entered by David J. Barron, Chief Appellate Judge: Upon consideration of motions, Attorney Aaron E. Nathan's request to file a late appearance on behalf of Amici Curiae Lynn R. Goldman, Nicole L. Huberfeld, Timothy Stoltzfus Jost, Paula Lantz, Jeffrey Levi, Frances Miller, Christopher Robertson, Sara Rosenbaum, William M. Sage, Joshua M. Sharfstein, and Laura Stephens is granted, and Attorneys Andrew J. Pincus, Graham White, and Allison Aviki are permitted to withdraw their appearances. Attorneys Pincus and White's request to file a late appearance on behalf of Appellees is also allowed. [26-1503] (ALW) [Entered: 09/08/2026 11:24 AM]
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| DESIGNATION of attorney presenting oral argument filed by Attorney Andrew J. Pincus for Amici Curiae Lynn R. Goldman, Nicole L. Huberfeld, Paula Lantz, Jeffrey Levi, Frances Miller, Christopher Robertson, Sara Rosenbaum, William M. Sage, Joshua M. Sharfstein, MD, Laura Stephens and Timothy Stoltzfus Jost. Served on 09/03/2026. [26-1503] (AJP) [Entered: 09/03/2026 12:02 PM] |
| MOTION to Withdraw Attorneys Andrew J. Pincus, Graham White, and Allison Aviki as Counsel for Amici Curiae Lynn R. Goldman, Nicole L. Huberfeld, Timothy Stoltzfus Jost, Paula Lantz, Jeffrey Levi, Frances Miller, Christopher Robertson, Sara Rosenbaum, William M. Sage, Joshua M. Sharfstein, and Laura Stephens; and MOTION for Attorneys Andrew J. Pincus and Graham White to Enter an Appearance on Behalf of Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe, Jane Doe 2, Jane Doe 3, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association, and Society for Maternal-Fetal Medicine. Served on 09/03/2026. [26-1503]. CLERK'S NOTE: Relief and party selection were incomplete. Correction made by clerk's office. No further action required. (AJP) [Entered: 09/03/2026 12:00 PM] |
| MOTION requesting leave for Attorney Aaron E. Nathan to enter an appearance on behalf of Movant(s) Lynn R. Goldman, Nicole L. Huberfeld, Timothy Stoltzfus Jost, Paula Lantz, Jeffrey Levi, Frances Miller, Christopher Robertson, Sara Rosenbaum, William M. Sage, Joshua M. Sharfstein, Laura Stephens. Served on 09/03/2026. [26-1503] (AEN) [Entered: 09/03/2026 12:42 PM] |
| CASE calendared: This case is presently scheduled to be called for oral argument on Tuesday, October 6, 2026, at 9:30 a.m. in Boston, MA in the Panel Courtroom at the Moakley Courthouse, 7th Floor. There will be no continuance except for grave cause. 1st Cir. R. 34.1(d). Designation form due 09/09/2026. [26-1503] (DJT) [Entered: 08/26/2026 01:59 PM] |
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ORDER entered by Joshua D. Dunlap, Appellate JudgeThis matter is before the court on defendants-appellants' "motion to calendar oral argument at the earliest available date or, in the alternative, to submit the appeal for decision on the briefs" and on plaintiffs-appellees' response to that motion. The motion is resolved as follows. Oral argument will be calendared for the next available date. [26-1503] (DO) [Entered: 08/19/2026 02:32 PM]
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| RESPONSE filed by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine to motion [ # 6834121-2 ], motion [ # 6834121-3 ], motion [ # 6834121-4 ], motion [ # 6834121-5 ]. Served on 08/18/2026. [26-1503] (JJO) [Entered: 08/18/2026 03:36 PM] |
| MOTION to calendar oral argument at the earliest available date or, in the alternative, to submit the appeal for decision on the briefs filed by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Does 1-50, FDA, Robert F. Kennedy, Jr., National Institutes of Health, and United States Department of Health and Human Services. Served on 08/14/2026. [26-1503]. CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (MCZ) [Entered: 08/14/2026 12:04 AM] |
| NINE (9) paper copies of amicus brief [ # 6830525-2 ] submitted by Amicus Curiae Governors Public Health Alliance. [26-1503] (LEC) [Entered: 08/11/2026 01:34 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae Governors Public Health Alliance Supporting Affirmance of Decision Below in Favor of Appellees. Served on 07/23/2026. 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 08/07/2026 . [26-1503] (ALW) [Entered: 07/31/2026 02:13 PM] |
| DISCLOSURE statement filed by Amicus Curiae Governors Public Health Alliance. Served on 07/29/2026. [26-1503] (ALW) [Entered: 07/31/2026 01:58 PM] |
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ORDER entered: Upon consideration, Attorney Aaron S.J. Zelinsky's motion for leave to enter an appearance on behalf of Amicus Curiae Governors Public Health Alliance is granted. Attorney Aaron S.J. Zelinsky's notice of appearance is accepted for filing as of this date. [26-1503] (ALW) [Entered: 07/31/2026 01:49 PM]
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| MOTION requesting leave for Attorney Aaron S.J. Zelinsky to enter an appearance filed by Amicus Curiae Governors Public Health Alliance. Served on 07/29/2026. [26-1503] (ASZ) [Entered: 07/29/2026 05:32 PM] |
| NINE (9) paper copies of reply brief [ # 6827870-2 ] submitted by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, Robert F. Kennedy, Jr., National Institutes of Health, FDA and United States Department of Health and Human Services. [26-1503] (LEC) [Entered: 07/29/2026 03:19 PM] |
| NOTICE of appearance on behalf of Movant(s) Governors Public Health Alliance filed by Attorney Aaron S.J. Zelinsky. Served on 07/29/2026. [26-1503] (ASZ) [Entered: 07/29/2026 03:17 PM] |
| NINE (9) paper copies of amici brief [ # 6829052-2 ] submitted by Amici Curiae Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of Oregon, State of Rhode Island and State of Wisconsin. [26-1503] (LEC) [Entered: 07/29/2026 09:56 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of Oregon, State of Rhode Island, State of Wisconsin, and Josh Shapiro, in the Official Capacity as Governor of the Commonwealth of Pennsylvania Supporting Affirmance of Decision Below in Favor of Appellees. Served on 07/23/2026. 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 07/30/2026 . [26-1503] (ALW) [Entered: 07/27/2026 12:42 PM] |
| NINE (9) paper copies of amicus brief [ # 6828690-2 ] submitted by Amicus Curiae Defend Public Health. [26-1503] (LEC) [Entered: 07/29/2026 09:39 AM] |
| FIVE (5) paper copies of appendix [ # 6827315-2 ] submitted by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe, Jane Doe 2, Jane Doe 3, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine. [26-1503] (LEC) [Entered: 07/29/2026 01:40 PM] |
| NINE (9) paper copies of amici brief [ # 6828812-2 ] submitted by Amici Curiae Lynn R. Goldman, Nicole L. Huberfeld, Paula Lantz, Jeffrey Levi, Frances Miller, Christopher Robertson, Sara Rosenbaum, William M. Sage, Joshua M. Sharfstein, MD, Laura Stephens and Timothy Stoltzfus Jost. [26-1503] (LEC) [Entered: 07/29/2026 12:26 PM] |
| NINE (9) paper copies of appellee's corrected brief [ # 6827755-2 ] submitted by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe, Jane Doe 2, Jane Doe 3, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine. [26-1503] (LEC) [Entered: 07/29/2026 10:59 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Lynn R. Goldman, Nicole L. Huberfeld, Paula Lantz, Jeffrey Levi, Frances Miller, Christopher Robertson, Sara Rosenbaum, William M. Sage, Joshua M. Sharfstein, MD, Laura Stephens, and Timothy Stoltzfus Jost in support of Appellees. Served on 07/23/2026. 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 07/27/2026 . [26-1503] (ALW) [Entered: 07/24/2026 05:55 PM] |
| DISCLOSURE statement filed by Amicus Curiae Defend Public Health. Served on 07/23/2026. [26-1503] (ALW) [Entered: 07/24/2026 02:13 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae Defend Public Health in support of Plaintiffs-Appellees and Affirmance. Served on 07/23/2026. 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 07/27/2026 . [26-1503] (ALW) [Entered: 07/24/2026 02:10 PM] |
| AMICUS CURIAE BRIEF tendered by Defend Public Health. [26-1503] (LAS) [Entered: 07/23/2026 02:51 PM] |
| NOTICE of appearance on behalf of Movant(s) Lynn R. Goldman, Nicole L. Huberfeld, Timothy Stoltzfus Jost, Paula Lantz, Jeffrey Levi, Frances Miller, Christopher Robertson, Sara Rosenbaum, William M. Sage, Joshua M. Sharfstein, Laura Stephens filed by Attorney Andrew J. Pincus. Served on 07/23/2026. [26-1503] (AJP) [Entered: 07/23/2026 12:27 PM] |
| AMICUS CURIAE BRIEF tendered by Governors Public Health Alliance. [26-1503]. CLERK'S NOTE: Docket entry was edited to attach a missing document. Correction made by clerk's office. No further action required. (ASZ) [Entered: 07/23/2026 01:54 PM] |
| AMICUS CURIAE BRIEF tendered by Lynn R. Goldman, Nicole L. Huberfeld, Timothy Stoltzfus Jost, Paula Lantz, Jeffrey Levi, Frances Miller, Christopher Robertson, Sara Rosenbaum, William M. Sage, Joshua M. Sharfstein, Laura Stephens. [26-1503] (AJP) [Entered: 07/23/2026 12:34 PM] |
| NOTICE of appearance on behalf of Movant(s) State of Arizona filed by Attorney Alexa G. Salas. Served on 07/23/2026. [26-1503] (AGS) [Entered: 07/23/2026 06:17 PM] |
| NOTICE of appearance on behalf of Movant(s) State of Arizona filed by Attorney Syreeta A. Tyrell. Served on 07/23/2026. [26-1503] (ST) [Entered: 07/23/2026 06:32 PM] |
| AMICUS CURIAE BRIEF tendered by State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of Oregon, State of Rhode Island, State of Wisconsin, and Josh Shapiro. [26-1503]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (JB) [Entered: 07/23/2026 07:41 PM] |
| NOTICE of appearance on behalf of Movant(s) State of Arizona filed by Attorney Joshua D. Bendor. Served on 07/23/2026. [26-1503] (JB) [Entered: 07/23/2026 06:27 PM] |
| NINE (9) paper copies of amici brief [ # 6827389-2 ] submitted by Amici Curiae AIDS Institute, American Cancer Society, American Cancer Society Cancer Action Network, American Lung Association, American Society of Pediatric Hematology/Oncology, Arthritis Foundation, Association of Pediatric Hematology/Oncology Nurses, Blood Cancer United, Byrd Cancer Education and Advocacy Foundation, Cancer Nation, CancerCare, Cervivor, Inc., GO2 for Lung Cancer, HealthyWomen, Hypertrophic Cardiomyopathy Association, IATVFoundation, International Foundation for Autoimmune & Autoinflammatory Arthritis, LUNGevity Foundation, National Association for the Advancement of Colored People, National Comprehensive Cancer Network, National Consumers League, National Multiple Sclerosis Society, National Patient Advocate Foundation and Pro-Vaccine Legal Alliance at American Families for Vaccines. [26-1503] (LEC) [Entered: 07/29/2026 09:21 AM] |
| REPLY BRIEF filed by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, Robert F. Kennedy, Jr., National Institutes of Health, FDA and United States Department of Health and Human Services. Served on 07/21/2026. 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 07/29/2026 . [26-1503] (YCC) [Entered: 07/22/2026 09:56 AM] |
| DUPLICATE COPY of appendix tendered by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine. Served on 07/21/2026. [26-1503]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (EJM) [Entered: 07/21/2026 02:49 PM] |
| NOTICE of appearance on behalf of Not Party Defend Public Health filed by Attorney Lyndsey A. Stults. Served on 07/21/2026. [26-1503] (LAS) [Entered: 07/21/2026 11:47 AM] |
| BRIEF tendered by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine. [26-1503] (EJM) [Entered: 07/21/2026 02:05 PM] |
| DISCLOSURE statement filed by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe, Jane Doe 2, Jane Doe 3, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association, and Society for Maternal-Fetal Medicine. Served on 07/17/2026. [26-1503] (ALW) [Entered: 07/21/2026 04:41 PM] |
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ORDER entered: Upon consideration, Appellees American Academy of Pediatrics, et al.'s motion for leave to file a corrected brief instanter is allowed. Appellees' corrected brief tendered on July 21, 2026, is accepted for filing on this date. The deadline for Appellants' reply brief set forth in this court's June 16, 2026, order shall run from service of Appellees' original brief. [26-1503] (ALW) [Entered: 07/21/2026 04:17 PM]
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| APPELLEE'S CORRECTED BRIEF filed by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe, Jane Doe 2, Jane Doe 3, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association, and Society for Maternal-Fetal Medicine. Served on 07/17/2026. 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 07/28/2026 . Reply brief due 07/28/2026 for APPELLANT Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, Robert F. Kennedy Jr., National Institutes of Health, U.S. Food & Drug Administration, and United States Department of Health and Human Services. [26-1503]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALW) [Entered: 07/21/2026 04:38 PM] |
| BRIEF tendered by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, FDA, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. [26-1503] (MCZ) [Entered: 07/21/2026 07:03 PM] |
| SUPPLEMENTAL APPENDIX filed by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe, Jane Doe 2, Jane Doe 3, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association, and Society for Maternal-Fetal Medicine. Served on 07/16/2026. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 07/27/2026 [26-1503] (ALW) [Entered: 07/20/2026 02:50 PM] |
| DISCLOSURE statement filed by Amici Curiae American Cancer Society, American Cancer Society Cancer Action Network, AIDS Institute, American Lung Association, American Society of Pediatric Hematology/Oncology, Arthritis Foundation, Association of Pediatric Hematology/Oncology Nurses, Blood Cancer United, Byrd Cancer Education and Advocacy Foundation, CancerCare, Cancer Nation, Cervivor, Inc., GO2 for Lung Cancer, HealthyWomen, Hypertrophic Cardiomyopathy Association, IATVFoundation, International Foundation for Autoimmune & Autoinflammatory Arthritis, LUNGevity Foundation, National Association for the Advancement of Colored People, National Comprehensive Cancer Network, National Consumers League, National Multiple Sclerosis Society, National Patient Advocate Foundation, and Pro-Vaccine Legal Alliance at American Families for Vaccines. Served on 07/17/2026. [26-1503] (ALW) [Entered: 07/20/2026 05:08 PM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae American Cancer Society, American Cancer Society Cancer Action Network, AIDS Institute, American Lung Association, American Society of Pediatric Hematology/Oncology, Arthritis Foundation, Association of Pediatric Hematology/Oncology Nurses, Blood Cancer United, Byrd Cancer Education and Advocacy Foundation, CancerCare, Cancer Nation, Cervivor, Inc., GO2 for Lung Cancer, HealthyWomen, Hypertrophic Cardiomyopathy Association, IATVFoundation, International Foundation for Autoimmune & Autoinflammatory Arthritis, LUNGevity Foundation, National Association for the Advancement of Colored People, National Comprehensive Cancer Network, National Consumers League, National Multiple Sclerosis Society, National Patient Advocate Foundation, and Pro-Vaccine Legal Alliance at American Families for Vaccines in Support of the Plaintiffs-Appellees Seeking Affirmance. 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 07/27/2026 . [26-1503] (ALW) [Entered: 07/20/2026 05:06 PM] |
| DISCLOSURE statement filed by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe, Jane Doe 2, Jane Doe 3, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association, and Society for Maternal-Fetal Medicine. Served on 07/16/2026. [26-1503] (ALW) [Entered: 07/20/2026 03:55 PM] |
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ORDER entered: Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe, Jane Doe 3, Jane Doe 2, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association, and Society for Maternal-Fetal Medicines' motion for leave to file a supplemental appendix is allowed. Appellees' supplemental appendix is accepted for filing on this date. [26-1503]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALW) [Entered: 07/20/2026 01:59 PM]
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| NOTICE of appearance on behalf of Movant(s) American Cancer Society, American Cancer Society Cancer Action Network, AIDS Institute, American Lung Association, American Society of Pediatric Hematology/Oncology, Arthritis Foundation, Association of Pediatric Hematology/Oncology Nurses, et al. filed by Attorney Scott P. Lewis. Served on 07/20/2026. [26-1503] (SPL) [Entered: 07/20/2026 12:53 PM] |
| MOTION for leave to file corrected brief instanter filed by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Society for Maternal-Fetal Medicine, and Massachusetts Public Health Association. Served on 07/17/2026. [26-1503]. CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (EJM) [Entered: 07/17/2026 04:31 PM] |
| AMICUS CURIAE BRIEF tendered by American Cancer Society, American Cancer Society Cancer Action Network, AIDS Institute, American Lung Association, American Society of Pediatric Hematology/Oncology, Arthritis Foundation, Association of Pediatric Hematology/Oncology Nurses, Blood Cancer United, Byrd Cancer Education and Advocacy Foundation, CancerCare, Cancer Nation, Cervivor, Inc., GO2 for Lung Cancer, HealthyWomen, Hypertrophic Cardiomyopathy Association, IATVFoundation, International Foundation for Autoimmune & Autoinflammatory Arthritis, LUNGevity Foundation, National Association for the Advancement of Colored People, National Comprehensive Cancer Network, National Consumers League, National Multiple Sclerosis Society, National Patient Advocate Foundation, and Pro-Vaccine Legal Alliance at American Families for Vaccines. Served on 07/17/2026. [26-1503]. CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (SPL) [Entered: 07/17/2026 03:22 PM] |
| MOTION for leave to file supplemental appendix filed by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe, Jane Doe 3, Jane Doe 2, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine. Served on 07/17/2026. [26-1503] (EJM) [Entered: 07/17/2026 01:24 AM] |
| BRIEF tendered by Appellees American Academy of Pediatrics, Jane Doe, Jane Doe 3, Jane Doe 2, American College of Physicians, American Public Health Association, Infectious Diseases Society of America, Massachusetts Public Health Association, Society for Maternal-Fetal Medicine and Massachusetts Chapter of the American Academy of Pediatrics, Inc.. [26-1503] (EJM) [Entered: 07/16/2026 11:59 PM] |
| NOTICE allowing request for removal from service list. The following attorneys have been removed from the service list for this case: James W. Harlow for FDA, Does 1-50, National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr., Jay Bhattacharya, Centers for Disease Control and Prevention, and Kyle Diamantas. [26-1503] (ALW) [Entered: 07/14/2026 01:38 PM] |
| NOTICE of appearance on behalf of Appellees American Academy of Pediatrics, American Public Health Association, American College of Physicians, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine filed by Attorney Gianna M. Costello. Served on 07/14/2026. [26-1503] (GMC) [Entered: 07/14/2026 12:22 PM] |
| NINE (9) paper copies of amici brief [ # 6823769-2 ] submitted by Amici Curiae America's Future and Conservative Legal Defense and Education Fund. [26-1503]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (LEC) [Entered: 07/14/2026 02:33 PM] |
| REQUEST for removal from the service list filed by Attorney James W. Harlow for Appellants FDA, Does 1-50, National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr., Jay Bhattacharya, Centers for Disease Control and Prevention, and Kyle Diamantas. Certificate of service was not included. [26-1503] (ALW) [Entered: 07/10/2026 01:48 PM] |
|
ORDER entered: No objections having been filed, the motion of America's Future, and the Center for Medical Freedom of the Conservative Legal Defense and Education Fund for leave to file an amicus curiae brief in support of the Appellants and reversal is granted, and the brief is accepted for filing this day. [26-1503] (ALW) [Entered: 07/07/2026 01:02 PM]
|
| AMICUS CURIAE BRIEF filed by Amici Curiae America's Future and Conservative Legal Defense and Education Fund in support of Defendants-Appellants and Reversal. Served on 06/24/2026. 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 07/14/2026 . [26-1503] (ALW) [Entered: 07/07/2026 01:20 PM] |
| Mail returned as undeliverable to Attorney Mark L. Hanin for Not Parties Massachusetts Medical Society, American College of Obstetricians and Gynecologists, American Medical Association, American Academy of Nursing, Society for Adolescent Health and Medicine, American College of Chest Physicians, American Academy of Family Physicians, American Medical Women's Association, North American Society for Pediatric and Adolescent Gynecology, Society of Ob/Gyn Hospitalists, American College of Medical Genetics and Genomics, American Gynecological and Obstetrical Society, American Society for Reproductive Medicine, Council of Chairs of Obstetrics and Gynecology, National Association of Nurse Practitioners in Women's Health, National Association of Pediatric Nurse Practitioners, Society of General Internal Medicine, Society of Gynecologic Oncology and Society of Gynecologic Surgeons. Copy of Order entered June 16, 2026. [26-1503] (NKR) [Entered: 07/21/2026 02:24 PM] |
| NOTICE of appearance on behalf of Movant(s) Defend Public Health filed by Attorney Matthew E. Brown. Served on 07/07/2026. [26-1503] (MEB) [Entered: 07/07/2026 03:01 PM] |
| NINE (9) paper copies of appellant's brief [ # 6819397-2 ] submitted by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, Robert F. Kennedy, Jr., National Institutes of Health, FDA and United States Department of Health and Human Services in 26-1503. [26-1503, 25-1907, 26-1325] (LEC) [Entered: 06/29/2026 12:03 PM] |
| NOTICE of appearance on behalf of Movant(s) America's Future and the Center for Medical Freedom of the Conservative Legal Defense and Education Fund filed by Attorney William J. Olson. Served on 06/24/2026. [26-1503] (WJO) [Entered: 06/24/2026 10:20 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) America's Future, and the Center for Medical Freedom of the Conservative Legal Defense and Education Fund. Served on 06/24/2026. [26-1503] (WJO) [Entered: 06/24/2026 09:52 PM] |
| APPENDIX filed by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, Robert F. Kennedy, Jr., Martin Makary, National Institutes of Health, FDA, and United States Department of Health and Human Services. Served on 06/24/2026. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 07/01/2026. [26-1503] (NP) [Entered: 06/24/2026 04:44 PM] |
| APPENDIX tendered by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, FDA, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Served on 06/24/2026. [26-1503] (MCZ) [Entered: 06/24/2026 12:53 PM] |
| NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Kimberly A. Parker for Massachusetts Medical Society, American College of Obstetricians and Gynecologists, American Medical Association, American Academy of Nursing, Society for Adolescent Health and Medicine, American College of Chest Physicians, American Academy of Family Physicians, American Medical Women's Association, North American Society for Pediatric and Adolescent Gynecology, American College of Nurse-Midwives, Society of Ob/Gyn Hospitalists, American College of Medical Genetics and Genomics, American Gynecological and Obstetrical Society, American Society for Reproductive Medicine, Council of Chairs of Obstetrics and Gynecology, National Association of Nurse Practitioners in Women's Health, National Association of Pediatric Nurse Practitioners, Society of General Internal Medicine, Society of Gynecologic Oncology, and Society of Gynecologic Surgeons. [26-1503] (ALW) [Entered: 06/18/2026 04:32 PM] |
| NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Thanithia R. Billings for Massachusetts Medical Society, American College of Obstetricians and Gynecologists, American Medical Association, American Academy of Nursing, Society for Adolescent Health and Medicine, American College of Chest Physicians, American Academy of Family Physicians, American Medical Women's Association, North American Society for Pediatric and Adolescent Gynecology, American College of Nurse-Midwives, Society of Ob/Gyn Hospitalists, American College of Medical Genetics and Genomics, American Gynecological and Obstetrical Society, American Society for Reproductive Medicine, Council of Chairs of Obstetrics and Gynecology, National Association of Nurse Practitioners in Women's Health, National Association of Pediatric Nurse Practitioners, Society of General Internal Medicine, Society of Gynecologic Oncology, and Society of Gynecologic Surgeons. [26-1503] (ALW) [Entered: 06/18/2026 03:09 PM] |
| NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Mark L. Hanin for Massachusetts Medical Society, American College of Obstetricians and Gynecologists, American Medical Association, American Academy of Nursing, Society for Adolescent Health and Medicine, American College of Chest Physicians, American Academy of Family Physicians, American Medical Women's Association, North American Society for Pediatric and Adolescent Gynecology, Society of Ob/Gyn Hospitalists, American College of Medical Genetics and Genomics, American Gynecological and Obstetrical Society, American Society for Reproductive Medicine, Council of Chairs of Obstetrics and Gynecology, National Association of Nurse Practitioners in Women's Health, National Association of Pediatric Nurse Practitioners, Society of General Internal Medicine, Society of Gynecologic Oncology and Society of Gynecologic Surgeons. [26-1503] (ALW) [Entered: 06/18/2026 04:11 PM] |
| APPELLANTS' BRIEF filed by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, Robert F. Kennedy, Jr., National Institutes of Health, FDA and United States Department of Health and Human Services. Served on 06/17/2026. 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 06/25/2026 . [26-1503] (YCC) [Entered: 06/18/2026 02:51 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: Isaac Belfer for FDA, National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr., Jay Bhattacharya, Centers for Disease Control, and Prevention and Kyle Diamantas, James W. Harlow for FDA, Does 1-50, National Institutes of Health, United States Department of Health and Human Services, Robert F. Kennedy, Jr., Jay Bhattacharya, Centers for Disease Control and Prevention and Kyle Diamantas, Jeremy A. Avila for Jane Doe 2, Massachusetts Public Health Association, American Public Health Association, Jane Doe 3, American Academy of Pediatrics, Massachusetts Chapter of the American Academy of Pediatrics, Inc., American College of Physicians, Society for Maternal-Fetal Medicine, Jane Doe and Infectious Diseases Society of America, Daniella R. Lee for Jane Doe 2, Massachusetts Public Health Association, American Public Health Association, Jane Doe 3, American Academy of Pediatrics, Massachusetts Chapter of the American Academy of Pediatrics, Inc., American College of Physicians, Society for Maternal-Fetal Medicine, Jane Doe and Infectious Diseases Society of America, Sarah Allen for American Association of Immunologists, and America's Physician Groups, Julia Caldwell for Defend Public Health, Caroline Lindsay Farrell for American Thoracic Society, American College of Chest Physicians, American College of Nurse-Midwives, Network for Public Health Law, Robert Wood Johnson Foundation, American Academy of Allergy, Asthma, & Immunology, and 119 Deans, Chairs, and Public Health and Health Policy Scholars, Marilyn J. Icsman for 119 Deans, Chairs, and Public Health and Health Policy Scholars, Wendy Ellen Parmet for Defend Public Health, Crystal Paulino for William M. Sage, Jeffrey Levi, Sara Rosenbaum, Joshua M. Sharfstein, MD, Lynn R. Goldman, Nicole L. Huberfeld, Timothy Stoltzfus Jost, Paula Lantz, Frances Miller, Christopher Robertson, and Laura Stephens, Holly E. Peterson for Pediatric Infectious Diseases Society, Inc., Heather M. Romero for Defend Public Health, Kevin M. Serafino for Pediatric Infectious Diseases Society, Inc., and Ashley H. Wisneski for Pediatric Infectious Diseases Society, Inc., Crystal Paulino for William M. Sage, Jeffrey Levi, Sara Rosenbaum, Joshua M. Sharfstein, MD, Lynn R. Goldman, Nicole L. Huberfeld, Timothy Stoltzfus Jost, Paula Lantz, Frances Miller, Christopher Robertson and Laura Stephens. [26-1503]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALW) [Entered: 06/18/2026 05:18 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: Molly A. Meegan for Massachusetts Medical Society, American College of Obstetricians and Gynecologists, American Medical Association, American Academy of Nursing, Society for Adolescent Health and Medicine, American College of Chest Physicians, American Academy of Family Physicians, American Medical Women's Association, North American Society for Pediatric and Adolescent Gynecology, American College of Nurse-Midwives, Society of Ob/Gyn Hospitalists, American College of Medical Genetics and Genomics, American Gynecological and Obstetrical Society, American Society for Reproductive Medicine, Council of Chairs of Obstetrics and Gynecology, National Association of Nurse Practitioners in Women's Health, National Association of Pediatric Nurse Practitioners, Society of General Internal Medicine, Society of Gynecologic Oncology and Society of Gynecologic Surgeons. [26-1503] (ALW) [Entered: 06/18/2026 06:06 PM] |
|
ORDER directing Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Does 1-50, Kyle Diamantas, FDA, Robert F. Kennedy, Jr., National Institutes of Health, and United States Department of Health and Human Services to file a conforming appendix. Appendix due 06/25/2026 . [26-1503] (ALW) [Entered: 06/18/2026 06:31 PM]
|
| BRIEF tendered by Appellants Jay Bhattacharya, United States Department of Health and Human Services, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, FDA, Robert F. Kennedy, Jr. and National Institutes of Health. [26-1503] (MCZ) [Entered: 06/17/2026 07:53 PM] |
| APPENDIX tendered by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, FDA, Robert F. Kennedy, Jr., National Institutes of Health, and United States Department of Health and Human Services. Served on 06/17/2026. [26-1503]. CLERK'S NOTE: Electronic access to appendix was restricted by clerk's office. (MCZ) [Entered: 06/17/2026 08:05 PM] |
| EXPEDITED briefing schedule set. Brief and Appendix due 06/17/2026 for appellant Jay Bhattacharya, Centers for Disease Control and Prevention, Does 1-50, Robert F. Kennedy, Jr., National Institutes of Health, U.S. Food & Drug Administration, United States Department of Health and Human Services, and Kyle Diamantas. [26-1503] (ALW) [Entered: 06/16/2026 10:44 AM] |
|
ORDER entered by Julie Rikelman, Appellate Judge: This matter is before the court on defendants-appellants' "motion to expedite appeal and for expedited briefing schedule" and on plaintiffs-appellees' opposition to that motion. Those filings are resolved as follows. Briefing in this matter will proceed on the following schedule: -- the opening brief shall be filed by June 17, 2026; -- the response brief shall be filed by July 16, 2026; -- any reply brief shall be filed within 11 days following service of the response brief, but also may be filed in advance of that date. Briefing extensions should not be expected. Oral argument, to the extent deemed necessary, will be scheduled as soon as practicable after the completion of briefing, and this matter will be resolved without undue delay. [26-1503] (ALW) [Entered: 06/16/2026 09:11 AM]
|
| NOTICE of appearance on behalf of Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine filed by Attorney Kathleen Barrett. Served on 06/15/2026. [26-1503] (KB) [Entered: 06/15/2026 02:04 PM] |
| RESPONSE filed by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine to motion [ # 6817951-2 ]. Served on 06/15/2026. [26-1503] (REW) [Entered: 06/15/2026 02:58 PM] |
| DISCLOSURE statement filed by Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association, Society for Maternal-Fetal Medicine, Jane Doe, Jane Doe 2 and Jane Doe 3. Served on 06/15/2026. [26-1503] (EJM) [Entered: 06/15/2026 02:28 PM] |
| NOTICE of appearance on behalf of Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine filed by Attorney William Walters. Served on 06/15/2026. [26-1503] (WW) [Entered: 06/15/2026 02:25 PM] |
| NOTICE of appearance on behalf of Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine filed by Attorney Maurice A. Wells. Served on 06/15/2026. [26-1503] (MW) [Entered: 06/15/2026 02:20 PM] |
| NOTICE of appearance on behalf of Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine filed by Attorney Robert E. Wanerman. Served on 06/15/2026. [26-1503] (REW) [Entered: 06/15/2026 02:16 PM] |
| NOTICE of appearance on behalf of Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe, Jane Doe 2, Jane Doe 3, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine filed by Attorney Richard H. Hughes IV. Served on 06/15/2026. [26-1503] (RHH) [Entered: 06/15/2026 02:13 PM] |
| NOTICE of appearance on behalf of Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine filed by Attorney Elizabeth J. McEvoy. Served on 06/15/2026. [26-1503] (EJM) [Entered: 06/15/2026 02:08 PM] |
| NOTICE of appearance on behalf of Appellees American Academy of Pediatrics, American College of Physicians, American Public Health Association, Jane Doe 2, Jane Doe 3, Jane Doe, Infectious Diseases Society of America, Massachusetts Chapter of the American Academy of Pediatrics, Inc., Massachusetts Public Health Association and Society for Maternal-Fetal Medicine filed by Attorney James J. Oh. Served on 06/15/2026. [26-1503] (JJO) [Entered: 06/15/2026 01:59 PM] |
| Public docket note: Pursuant to Fed. R. App. P. 43(c)(2), Martin Makary been substituted by Kyle Diamantas as Acting Commissioner of the Food and Drug Administration. [26-1503] (ALW) [Entered: 06/12/2026 04:43 PM] |
| NOTICE of appearance on behalf of Appellants Robert F. Kennedy, Jr., Jay Bhattacharya, Centers for Disease Control and Prevention, Does 1-50, FDA, Martin Makary, National Institutes of Health and United States Department of Health and Human Services filed by Attorney Matthew C. Zorn. Served on 06/12/2026. [26-1503] (MCZ) [Entered: 06/12/2026 04:11 PM] |
| MOTION to expedite Appeal and for Expedited Briefing Schedule filed by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, FDA, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services. Served on 06/12/2026. [26-1503] (SEW) [Entered: 06/12/2026 05:42 PM] |
| NOTICE of appearance on behalf of Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Kyle Diamantas, Does 1-50, FDA, Robert F. Kennedy, Jr., National Institutes of Health and United States Department of Health and Human Services filed by Attorney Stanley E. Woodward, Jr.. Served on 06/12/2026. [26-1503] (SEW) [Entered: 06/12/2026 04:55 PM] |
| BRIEFING schedule set. Brief and Appendix due 07/15/2026 for appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Does 1-50, Robert F. Kennedy Jr., Martin Makary, National Institutes of Health, US Food & Drug Administration, 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. [26-1503] (ALW) [Entered: 06/05/2026 08:41 PM] |
| REQUEST for removal from the service list filed by Attorney Kimberly A. Parker for Not Parties Massachusetts Medical Society, American College of Obstetricians and Gynecologists, American Medical Association, American Academy of Nursing, Society for Adolescent Health and Medicine, American College of Chest Physicians, American Academy of Family Physicians, American Medical Women's Association, North American Society for Pediatric and Adolescent Gynecology, American College of Nurse-Midwives, Society of Ob/Gyn Hospitalists, American College of Medical Genetics and Genomics, American Gynecological and Obstetrical Society, American Society for Reproductive Medicine, Council of Chairs of Obstetrics and Gynecology, National Association of Nurse Practitioners in Women's Health, National Association of Pediatric Nurse Practitioners, Society of General Internal Medicine, Society of Gynecologic Oncology, and Society of Gynecologic Surgeons. Certificate of service was not included. [26-1503] (ALW) [Entered: 06/18/2026 04:30 PM] |
| REQUEST for removal from the service list filed by Attorney Mark L. Hanin for Not Parties Massachusetts Medical Society, American College of Obstetricians and Gynecologists, American Medical Association, American Academy of Nursing, Society for Adolescent Health and Medicine, American College of Chest Physicians, American Academy of Family Physicians, American Medical Women's Association, North American Society for Pediatric and Adolescent Gynecology, Society of Ob/Gyn Hospitalists, American College of Medical Genetics and Genomics, American Gynecological and Obstetrical Society, American Society for Reproductive Medicine, Council of Chairs of Obstetrics and Gynecology, National Association of Nurse Practitioners in Women's Health, National Association of Pediatric Nurse Practitioners, Society of General Internal Medicine, Society of Gynecologic Oncology, and Society of Gynecologic Surgeons. Certificate of service was not included. [26-1503] (ALW) [Entered: 06/18/2026 03:57 PM] |
| REQUEST for removal from the service list filed by Attorney Thanithia R. Billings for Not Parties Massachusetts Medical Society, American College of Obstetricians and Gynecologists, American Medical Association, American Academy of Nursing, Society for Adolescent Health and Medicine, American College of Chest Physicians, American Academy of Family Physicians, American Medical Women's Association, North American Society for Pediatric and Adolescent Gynecology, American College of Nurse-Midwives, Society of Ob/Gyn Hospitalists, American College of Medical Genetics and Genomics, American Gynecological and Obstetrical Society, American Society for Reproductive Medicine, Council of Chairs of Obstetrics and Gynecology, National Association of Nurse Practitioners in Women's Health, National Association of Pediatric Nurse Practitioners, Society of General Internal Medicine, Society of Gynecologic Oncology, and Society of Gynecologic Surgeons. Certificate of service was not included. [26-1503] (ALW) [Entered: 06/16/2026 12:45 PM] |
| NOTICE of appearance on behalf of Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, FDA, Robert F. Kennedy, Jr., Martin Makary, National Institutes of Health and United States Department of Health and Human Services filed by Attorney Douglas C. Dreier. Served on 05/15/2026. [26-1503] (DCD) [Entered: 05/15/2026 04:06 PM] |
| NOTICE of appearance on behalf of Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, FDA, Robert F. Kennedy, Jr., Martin Makary, National Institutes of Health and United States Department of Health and Human Services filed by Attorney Ashley C. Honold. Served on 05/15/2026. [26-1503] (ACH) [Entered: 05/15/2026 03:35 PM] |
| DOCKETING statement filed by Appellants Jay Bhattacharya, FDA, Robert F. Kennedy, Jr., Martin Makary, National Institutes of Health and United States Department of Health and Human Services. Served on 05/15/2026. [26-1503] (ACH) [Entered: 05/15/2026 05:53 PM] |
| TRANSCRIPT report/order form filed by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, FDA, Robert F. Kennedy, Jr., Martin Makary, National Institutes of Health and United States Department of Health and Human Services indicating all necessary transcripts have already been filed in district court. Served on 05/15/2026. [26-1503] (ACH) [Entered: 05/15/2026 05:55 PM] |
| NOTICE of appearance on behalf of Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, FDA, Robert F. Kennedy, Jr., Martin Makary, National Institutes of Health and United States Department of Health and Human Services filed by Attorney Thomas Pulham. Served on 05/14/2026. [26-1503] (TP) [Entered: 05/14/2026 08:04 PM] |
| Public docket note: Pursuant to Fed. R. App. 43(c)(2), Matthew Buzzelli has been substituted by Jim ONeil as the Director of Centers for Disease Control and Prevention. [26-1503] (ALW) [Entered: 05/01/2026 02:25 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #306) filed by Appellants Jay Bhattacharya, Centers for Disease Control and Prevention, Robert F. Kennedy, Jr., Martin Makary, National Institutes of Health, FDA, and United States Department of Health and Human Services. Docketing Statement, Transcript Report/Order form, and Appearance form due 05/15/2026 . [26-1503] (ALW) [Entered: 05/01/2026 01:38 PM] |
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