Case: State of Texas v. Becerra

5:22-cv-00185 | U.S. District Court for the Northern District of Texas

Filed Date: July 14, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

Texas state officials filed suit against Secretary of Health and Human Services Xavier Becerra and two Director-level officials the Centers for Medicare & Medicaid Services (“CMS”; an agency within the Department of Health and Human Services which works with state governments to administer Medicaid and other federally-funded programs) on July 14, 2022 in the U.S. District Court for the Northern District of Texas. Organizational plaintiffs also included the American Association of Pro-Life Obste…

Texas state officials filed suit against Secretary of Health and Human Services Xavier Becerra and two Director-level officials the Centers for Medicare & Medicaid Services (“CMS”; an agency within the Department of Health and Human Services which works with state governments to administer Medicaid and other federally-funded programs) on July 14, 2022 in the U.S. District Court for the Northern District of Texas. Organizational plaintiffs also included the American Association of Pro-Life Obstetricians & Gynecologists (“AAPLOG”) and the Christian Medical & Dental Associations (“CMDA”).

The suit was filed in response to HHS officials stating, following the U.S. Supreme Court decision in Jackson Women's Health Organization v. Dobbs and President Biden’s ensuing Executive Order No. 14,076, that under the Emergency Medical Treatment and Active Labor Act (“EMTALA”), abortions should continue to be performed in emergency situations in jurisdictions with abortion bans without exceptions like Texas because EMTALA preempted state law. EMTALA is a federal statute requiring hospitals to provide emergency care to patients regardless of their financial circumstances and imposes an obligation to stabilize a pregnant person and their unborn child. Arguing that HHS’ guidance on EMTALA was a flagrant misinterpretation of EMTALA’s purview and a violation of the state’s authority to regulate abortion in Texas, plaintiffs sought declaratory and injunctive relief in the form of a court order blocking enforcement of the Biden administration’s guidance. Plaintiffs filed suit pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, and Mandamus, 28 U.S.C. § 1361, among other federal statutes. The case was assigned to Judge James Wesley Hendrix. 

On August 3, 2022, Texas filed a motion for a temporary restraining order (TRO) and preliminary injunction enjoining enforcement of HHS’ guidance on EMTALA permitting hospitals receiving federal funding to perform abortions in emergency situations. The brief in support of a TRO and preliminary injunction reiterated largely the same arguments as Texas’ original complaint but included further argumentation on how HHS’ guidance violated the federal Constitution, including that the guidance: (1) unconstitutionally delegated Congress’ legislative power; (2) contradicted the Supreme Court’s interpretation of the major questions doctrine in West Virginia v. EPA; (3) violated the Spending Clause by preventing the state from having a choice to accept the federal government's conditions; (4) violated the Tenth Amendment as the regulation of health and safety is typically a state concern; and (5) violated the Religious Freedom Restoration Act by compelling individuals to perform abortions contrary to their religious beliefs. 

HHS responded to the motion for a TRO and preliminary injunction and filed a motion to dismiss for lack of jurisdiction on August 15, 2022. HHS argued that the court lacked jurisdiction over Texas’ claims as Texas lacked standing and failed to demonstrate a risk of irreparable harm warranting relief and that HHS’ guidance on EMTALA in light of the decision in Dobbs did not constitute final agency action subject to judicial review. In addition, HHS argued that Texas was unlikely to succeed on the merits of its constitutional claims. The following day, several states filed an amicus brief in support of HHS.

On August 23, 2022, the court granted Texas’ motion for a preliminary injunction and denied HHS’ motion to dismiss. The court held that HHS was required to go through notice-and-comment procedures prior to issuing guidance to hospitals requiring them to perform abortion in certain circumstances regardless of state law and that the guidance itself exceeded EMTALA’s text. HHS sought clarification on the scope of the court’s injunction on September 1, 2022, which the court subsequently denied. HHS answered the amended complaint on September 27, 2022.

Shortly thereafter, on October 21, 2022, HHS filed an interlocutory appeal to the U.S. Court of Appeals for the Fifth Circuit (22-11037). On December 9, the parties filed a joint status report, proposing that the court grant final judgment with respect to the claims that the HHS guidance exceeded statutory authority and failed to comply with notice-and-comment procedures. The parties argued that such a judgment would be in both of their interests and would further "judicial economy." On December 20, the court entered final judgment on those claims and stayed Texas's remaining claims pending resolution of any appeal from the final judgment. The final judgment rendered the interlocutory appeal moot, and the Fifth Circuit dismissed the appeal on January 26, 2023.

On March 10, 2023, HHS filed an appeal of the final judgment to the Fifth Circuit (23-10246). Many amicus briefs were filed including by states, cities, counties, and interest groups. The Fifth Circuit heard oral argument on November 7, 2023 and issued its opinion on January 2, 2024, affirming the district court's injunction of the HHS guidance. 89 F.4th 529. The Fifth Circuit concluded that HHS exceeded its statutory authority and that the guidance was not a permissible construction because EMTALA does not "mandate any specific type of medical treatment, let alone abortion." The Fifth Circuit also held that the guidance established or changed a substantive legal standard by going beyond EMTALA to mandate abortion, meaning HHS was required to subject the guidance to notice and comment. By affirming the injunction, HHS remained unable to enforce the guidance against the plaintiffs.

In a separate case, United States v. State of Idaho, the U.S. Department of Justice alleged that Idaho's criminal abortion ban was preempted by EMTALA. After the Ninth Circuit allowed a preliminary injunction of Idaho's abortion ban to remain in effect while the appeal was pending, Idaho applied to the Supreme Court for a stay, and argued alternatively, that the Supreme Court should grant certiorari. On January 3, 2024, Idaho filed a letter with the Supreme Court directing the Court to the Fifth Circuit decision in the instant case. Two days later, on January 5, the Supreme Court granted the stay in the Idaho case and granted certiorari.

As of January 25, 2024, this case is ongoing.

Summary Authors

Hannah Juge (10/9/2022)

Michelle Wolk (1/26/2024)

Related Cases

United States v. State of Idaho, District of Idaho (2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63591571/parties/state-of-texas-v-becerra/


Attorney for Plaintiff

Bangert, Ryan (Texas)

Blake, Julie Marie (Texas)

Bowman, Matthew S (Texas)

Attorney for Defendant
Expert/Monitor/Master/Other

Aukland-Peck, Adam Bresler (Texas)

Brandt, Thomas P (Texas)

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Documents in the Clearinghouse

Document
1

5:22-cv-00185

State of Texas's Original Complaint

State of Texas v. Beccerra

July 14, 2022

July 14, 2022

Complaint
73

5:22-cv-00185

Memorandum Opinion and Order

Aug. 23, 2022

Aug. 23, 2022

Order/Opinion

623 F.Supp.3d 623

93

5:22-cv-00185

Answer to Amended Complaint

Sept. 27, 2022

Sept. 27, 2022

Pleading / Motion / Brief
134

23-10246

Fifth Circuit Opinion

U.S. Court of Appeals for the Fifth Circuit

Jan. 2, 2024

Jan. 2, 2024

Order/Opinion

89 F.4th 89

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63591571/state-of-texas-v-becerra/

Last updated March 31, 2024, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by State of Texas. (Filing fee $402; Receipt number 0539-12962642) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Cover Sheet) (Hilton, Christopher) Modified on 7/14/2022 (bmh). (Entered: 07/14/2022)

1 Exhibit(s)

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2 Exhibit(s)

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3 Cover Sheet

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July 14, 2022

July 14, 2022

Clearinghouse
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Clerk QC note: No affiliate entered in ECF). (Hilton, Christopher) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

RECAP
3

Request for Clerk to issue Summons filed by State of Texas. (Attachments: # 1 Additional Page(s) SumsRqst-Becerra-ND, # 2 Additional Page(s) SumsRqst-Becerra-USAG, # 3 Additional Page(s) SumsRqst-CMMS-MD, # 4 Additional Page(s) SumsRqst-CMMS-ND, # 5 Additional Page(s) SumsRqst-CMMS-USAG, # 6 Additional Page(s) SumsRqst-Tritz-MD, # 7 Additional Page(s) SumsRqst-Tritz-ND, # 8 Additional Page(s) SumsRqst-Tritz-USAG, # 9 Additional Page(s) SumsRqst-US HHS-DC, # 10 Additional Page(s) SumsRqst-US HHS-ND, # 11 Additional Page(s) SumsRqst-US HHS-USAG, # 12 Additional Page(s) SumsRqst-Wright-MD, # 13 Additional Page(s) SumsRqst-Wright-ND, # 14 Additional Page(s) SumsRqst-Wright-USAG) (Hilton, Amy) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
4

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bmh) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
5

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (bmh) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
6

SUMMONS Returned Executed as to US Department of Health and Human Services ; served on 7/19/2022. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
7

SUMMONS Returned Executed as to US Department of Health and Human Services ; served on 7/22/2022. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
8

SUMMONS Returned Executed as to David R. Wright ; served on 7/22/2022. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
9

SUMMONS Returned Executed as to David R. Wright ; served on 7/19/2022. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
10

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
11

SUMMONS Returned Executed as to Centers for Medicare & Medicaid Services ; served on 7/19/2022. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
12

SUMMONS Returned Executed as to Karen L. Tritz ; served on 7/19/2022. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
13

SUMMONS Returned Executed as to Karen L. Tritz ; served on 7/22/2022. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
14

SUMMONS Returned Executed as to Xavier Becerra ; served on 7/19/2022. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
15

SUMMONS Returned Executed as to Xavier Becerra ; served on 7/22/2022. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
16

SUMMONS Returned Executed as to Centers for Medicare & Medicaid Services ; served on 7/22/2022. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
17

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
18

AMENDED COMPLAINT against Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright filed by State of Texas, American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Hilton, Amy) (Entered: 07/28/2022)

1 Exhibit(s)

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2 Exhibit(s)

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July 28, 2022

July 28, 2022

PACER
19

Request for Clerk to issue Summonses filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas. (Hilton, Christopher) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

PACER
20

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (bmh) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

PACER
21

SUMMONS Returned Executed as to US Department of Health and Human Services ; served on 7/21/2022. (Hilton, Amy) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
22

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by State of Texas (Attachments: # 1 Proposed Order Proposed Order Granting Temporary Restraining Order) (Hilton, Amy). Added MOTION for Preliminary Injunction on 8/4/2022 (twd). (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
23

Brief/Memorandum in Support filed by State of Texas re 22 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit(s) Appendix) (Hilton, Amy) (Entered: 08/03/2022)

1 Exhibit(s) Appendix

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Aug. 3, 2022

Aug. 3, 2022

RECAP
24

ORDER: It is ordered that the plaintiffs shall notify the defendants of their request for injunctive relief and provide them with a copy of this order. It is further ordered that the plaintiffs shall file a notice describing compliance with Rule 65(a)(1). Finally, the Court orders the plaintiffs to confer with the defendants and to prepare a status report for the Court that provides: (1) a proposed briefing schedule regarding the plaintiffs' motion; (2) the parties position on whether the Court may resolve the motion on the papers alone; (3) a proposed hearing date, if a hearing is desired or necessary; (4) an explanation of whether any hearing would be evidentiary in nature; and (5) if so, a general description of what evidence the parties plan to submit. The plaintiffs shall file the status report no later than August 9, 2022. (Ordered by Judge James Wesley Hendrix on 8/4/2022) (bmh) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

RECAP
25

NOTICE of Attorney Appearance by Ryan Bangert on behalf of American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations. (Filer confirms contact info in ECF is current.) (Bangert, Ryan) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
26

NOTICE of Attorney Appearance by Kate Talmor-DOJ on behalf of Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. (Filer confirms contact info in ECF is current.) (Talmor-DOJ, Kate) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER
27

NOTICE of Attorney Appearance by Alexander N Ely on behalf of Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. (Filer confirms contact info in ECF is current.) (Ely, Alexander) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

RECAP
28

SUMMONS Returned Executed as to All Defendants. (Hilton, Amy) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
29

NOTICE of Advisory to the Court filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas (Hilton, Amy) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
30

Joint STATUS REPORT filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas. (Hilton, Amy) (Entered: 08/09/2022)

Aug. 9, 2022

Aug. 9, 2022

PACER
31

ORDER: The Court recognizes the plaintiffs allegations of imminent and irreparable injury, and it is also mindful of the defendants need for additional time to respond to the plaintiffs motion. Considering these conflicting interests, the Court sets the following schedule on the motion: The defendants shall file a responsive brief on or before August 15, 2022. The plaintiffs may file a reply brief on or before August 17, 2022. The Court will hear any evidence or argument the parties wish to present on August 18, 2022, at 1:00 p.m. CST in the United States District Court, Courtroom C-216, 1205 Texas Avenue, Lubbock, Texas 79401, before Judge James Wesley Hendrix. So ordered. (Ordered by Judge James Wesley Hendrix on 8/10/2022) (krr) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

RECAP
32

NOTICE of Attorney Appearance by Christopher Robert Healy on behalf of Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. (Filer confirms contact info in ECF is current.) (Healy, Christopher) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER
33

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations. (Clerk QC note: No affiliate entered in ECF). (Bangert, Ryan) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER
34

MOTION for Leave to File Brief in Excess of Page Limits Set by Local Rule filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright (Talmor-DOJ, Kate) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
35

ORDER granting 34 Motion for Enlargement of Pages. The defendants may file up to 45 pages in their response brief to the plaintiffs' motion for a temporary restraining order and a preliminary injunction (Dkt. No. 22). Furthermore, the Court permits the plaintiffs to file a reply brief of up to 20 pages. (Ordered by Judge James Wesley Hendrix on 8/12/2022) (bdg) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
36

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13037143) filed by New York State, California State of, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, Washington DC with Brief/Memorandum in Support.. Party New York, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, and Washington, D.C. added.Attorney Laura Etlinger added to party New York State(pty:am), Attorney Laura Etlinger added to party California State of(pty:am), Attorney Laura Etlinger added to party Colorado(pty:am), Attorney Laura Etlinger added to party Connecticut(pty:am), Attorney Laura Etlinger added to party Delaware(pty:am), Attorney Laura Etlinger added to party Hawaii(pty:am), Attorney Laura Etlinger added to party Illinois(pty:am), Attorney Laura Etlinger added to party Maine(pty:am), Attorney Laura Etlinger added to party Maryland(pty:am), Attorney Laura Etlinger added to party Massachusetts(pty:am), Attorney Laura Etlinger added to party Michigan(pty:am), Attorney Laura Etlinger added to party Minnesota(pty:am), Attorney Laura Etlinger added to party Nevada(pty:am), Attorney Laura Etlinger added to party New Jersey(pty:am), Attorney Laura Etlinger added to party New Mexico(pty:am), Attorney Laura Etlinger added to party North Carolina(pty:am), Attorney Laura Etlinger added to party Oregon(pty:am), Attorney Laura Etlinger added to party Pennsylvania(pty:am), Attorney Laura Etlinger added to party Rhode Island(pty:am), Attorney Laura Etlinger added to party Washington(pty:am), Attorney Laura Etlinger added to party Washington DC(pty:am) (Etlinger, Laura) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

PACER
37

MOTION for Leave to File amicus brief filed by California State of, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York State, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, Washington DC with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) proposed amicus brief) (Etlinger, Laura) (Entered: 08/15/2022)

1 Exhibit(s) proposed amicus brief

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Aug. 15, 2022

Aug. 15, 2022

PACER
38

MOTION to Dismiss for Lack of Jurisdiction filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright (Healy, Christopher) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

RECAP
39

RESPONSE filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright re: 22 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction (Healy, Christopher) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

RECAP
40

Brief/Memorandum in Support filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright re 38 MOTION to Dismiss for Lack of Jurisdiction (Healy, Christopher) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

RECAP
41

Appendix in Support filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright re 39 Response/Objection, 38 MOTION to Dismiss for Lack of Jurisdiction (Healy, Christopher) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

RECAP
42

ORDER granting 36 Application for Admission Pro Hac Vice of Laura Etlinger. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g); granting 37 Motion for Leave to File. The Clerk shall file the amici states' brief (Dkt. No. 37-1) as a new docket entry.(Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge James Wesley Hendrix on 8/16/2022) (bmh) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
43

BRIEF FOR THE STATES OF CALIFORNIA, NEW YORK, COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NORTH CAROLINA, OREGON, PENNSYLVANIA, RHODE ISLAND, WASHINGTON, AND WASHINGTON, D.C. AS AMICI CURIAE IN SUPPORT OF DEFENDANTS AND IN OPPOSITION TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION filed by Laura Etlinger. (bmh) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

RECAP
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NOTICE: A hearing is set for the plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. No. 22) on August 18, 2022, at 1:00 p.m. CST in the United States District Court, Courtroom C-216, 1205 Texas Avenue, Lubbock, Texas 79401. Dkt. No. 31. To aid the parties' preparation, the Court specifies the following procedural guidelines. Each side shall have one hour to present their arguments, with time to be distributed by each side as the respective parties see fit. Separately and as necessary, the Court willpermit the parties to present witness testimony and other evidence, and the time used for such presentation will not be counted against the parties argument time. Additional time for evidence and arguments may be granted as needed. (Ordered by Judge James Wesley Hendrix on 8/16/2022) (bmh) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

RECAP
45

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
46

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
47

Unopposed MOTION for Leave to File Amicus Brief filed by American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, Society for Maternal-Fetal Medicine, National Medical Association, National Hispanic Medical Association, American Academy of Pediatrics, American Academy of Family Physicians, American Public Health Association, American Academy of Emergency Medicine Residents and Students Association with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order). Party Medical and Public Health Societies added.Attorney Jessica Anne Morton added to party American College of Emergency Physicians(pty:am), Attorney Jessica Anne Morton added to party American College of Obstetricians and Gynecologists(pty:am), Attorney Jessica Anne Morton added to party American Medical Association(pty:am), Attorney Jessica Anne Morton added to party Society for Maternal-Fetal Medicine(pty:am), Attorney Jessica Anne Morton added to party National Medical Association(pty:am), Attorney Jessica Anne Morton added to party National Hispanic Medical Association(pty:am), Attorney Jessica Anne Morton added to party American Academy of Pediatrics(pty:am), Attorney Jessica Anne Morton added to party American Academy of Family Physicians(pty:am), Attorney Jessica Anne Morton added to party American Public Health Association(pty:am), Attorney Jessica Anne Morton added to party American Academy of Emergency Medicine Residents and Students Association(pty:am) (Morton, Jessica) (Entered: 08/16/2022)

1 Proposed Amicus Brief

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2 Proposed Order

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Aug. 16, 2022

Aug. 16, 2022

PACER
48

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13041292) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine (Morton, Jessica) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
49

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeffrey B. Dubner (Filing fee $100; Receipt number 0539-13041293) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine (Morton, Jessica) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
50

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney John T. Lewis (Filing fee $100; Receipt number 0539-13041294) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine (Morton, Jessica) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
51

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Skye L. Perryman (Filing fee $100; Receipt number 0539-13041296) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine (Morton, Jessica) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
52

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Molly A. Meegan (Filing fee $100; Receipt number 0539-13041297) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine (Morton, Jessica) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
53

ORDER: Before the Court are Jessica Anne Morton's, Jeffrey B. Dubner's, John T. Lewis's, and Skye L. Perryman's applications for admission pro hac vice and request to proceed without local counsel. Also before the Court is Molly A. Meegan's application for admission pro hac vice and request to proceed without local counsel. The applications and requests are granted. Dkt. Nos. 48-51. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). The Court also grants the amicis unopposed motion to file a brief in opposition to the plaintiffs' motion for a temporary restraining order and a preliminary injunction. Dkt. No. 47 . The Clerk shall file the amicis brief (Dkt. No. 47-1) as a new docket entry. (bmh) (Ordered by Judge James Wesley Hendrix on 8/17/2022) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
54

BRIEF OF AMICI CURIAE MEDICAL AND PUBLIC HEALTH SOCIETIES IN OPPOSITION TO PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Jessica Ann Morton on behalf of American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine re: 22 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction. (bmh) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
55

REPLY filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas re: 22 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction (Hilton, Amy) (Entered: 08/18/2022)

Aug. 17, 2022

Aug. 17, 2022

RECAP
56

ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Evidentiary Hearing held on 8/18/2022. Argument from parties heard by Court. Attorney Appearances: Plaintiff - Charles Eldred, Amy Hilton, William Wassdorf, Ryan Bangert; Defense - Christopher Healy, Alexander Ely, Kate Talmor, Eric Beckenhauer. (Court Reporter: Mechelle Daniel) (No exhibits) Time in Court - 3:20. (chmb) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
57

Unopposed MOTION for Leave to File Brief as Amicus Curiae filed by Thomas More Society (Attachments: # 1 Exhibit(s) Proposed Pleading, # 2 Proposed Order) (Brandt, Thomas) (Entered: 08/18/2022)

1 Exhibit(s) Proposed Pleading

View on RECAP

2 Proposed Order

View on PACER

Aug. 18, 2022

Aug. 18, 2022

PACER
58

Transcript Order Form: transcript requested by State of Texas for Preliminary Injunction & TRO Hearing held 8/18/22 (Court Reporter: Mechelle Daniel.) Payment method: Private funds - Requester has obtained the estimate from the reporter and has paid or will pay the cost as directed. Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court.. (Hilton, Amy) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
59

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13047844) filed by Thomas More Society (Attachments: # 1 Proposed Order)Attorney Brennan Tyler Brooks added to party Thomas More Society(pty:am) (Brooks, Brennan) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
60

ORDER: Before the Court is B. Tyler Brooks's application for admission pro hac vice for the limited purpose of appearing on behalf of the Thomas More Society as amicus curiae in this case. Dkt. No. 59 . The application is granted. The Clerk of Court shall deposit the admission fee to the account of the Non-Appropriated Fund of this Court. If Brooks has not already done so, he must register as an ECF user within 14 days. See Loc. Civ. R. 5.1(f). Also before the Court is the Unopposed Motion of the Thomas More Society to File Brief as Amicus Curiae in Support of Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction and in Opposition to Defendants Motion to Dismiss. Dkt. No. 57 . The Court grants the motion. The Clerk shall file the amicus's brief (Dkt. No. 57 -1) as a new docket entry. (Ordered by Judge James Wesley Hendrix on 8/19/2022) (krr) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
61

BRIEF OF THE THOMAS MORE SOCIETY AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS. (krr) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
62

Notice of Filing of Official Electronic Transcript of Evidentiary Hearing Proceedings held on 08/18/2022 before Judge James Wesley Hendrix. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. ยง 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (145 pages) Redaction Request due 9/12/2022. Redacted Transcript Deadline set for 9/20/2022. Release of Transcript Restriction set for 11/18/2022. (kmd) (Entered: 08/20/2022)

Aug. 20, 2022

Aug. 20, 2022

PACER
63

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13054199) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine Attorney Shannon Rose Selden added to party American Academy of Emergency Medicine Residents and Students Association(pty:am), Attorney Shannon Rose Selden added to party American Academy of Family Physicians(pty:am), Attorney Shannon Rose Selden added to party American Academy of Pediatrics(pty:am), Attorney Shannon Rose Selden added to party American College of Emergency Physicians(pty:am), Attorney Shannon Rose Selden added to party American College of Obstetricians and Gynecologists(pty:am), Attorney Shannon Rose Selden added to party American Medical Association(pty:am), Attorney Shannon Rose Selden added to party American Public Health Association(pty:am), Attorney Shannon Rose Selden added to party National Hispanic Medical Association(pty:am), Attorney Shannon Rose Selden added to party National Medical Association(pty:am), Attorney Shannon Rose Selden added to party Society for Maternal-Fetal Medicine(pty:am) (Selden, Shannon) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
64

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13054383) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine Attorney Leah Suzanne Martin added to party American Academy of Emergency Medicine Residents and Students Association(pty:am), Attorney Leah Suzanne Martin added to party American Academy of Family Physicians(pty:am), Attorney Leah Suzanne Martin added to party American Academy of Pediatrics(pty:am), Attorney Leah Suzanne Martin added to party American College of Emergency Physicians(pty:am), Attorney Leah Suzanne Martin added to party American College of Obstetricians and Gynecologists(pty:am), Attorney Leah Suzanne Martin added to party American Medical Association(pty:am), Attorney Leah Suzanne Martin added to party American Public Health Association(pty:am), Attorney Leah Suzanne Martin added to party National Hispanic Medical Association(pty:am), Attorney Leah Suzanne Martin added to party National Medical Association(pty:am), Attorney Leah Suzanne Martin added to party Society for Maternal-Fetal Medicine(pty:am) (Martin, Leah) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
65

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13054506) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine Attorney Adam Bresler Aukland-Peck added to party American Academy of Emergency Medicine Residents and Students Association(pty:am), Attorney Adam Bresler Aukland-Peck added to party American Academy of Family Physicians(pty:am), Attorney Adam Bresler Aukland-Peck added to party American Academy of Pediatrics(pty:am), Attorney Adam Bresler Aukland-Peck added to party American College of Emergency Physicians(pty:am), Attorney Adam Bresler Aukland-Peck added to party American College of Obstetricians and Gynecologists(pty:am), Attorney Adam Bresler Aukland-Peck added to party American Medical Association(pty:am), Attorney Adam Bresler Aukland-Peck added to party American Public Health Association(pty:am), Attorney Adam Bresler Aukland-Peck added to party National Hispanic Medical Association(pty:am), Attorney Adam Bresler Aukland-Peck added to party National Medical Association(pty:am), Attorney Adam Bresler Aukland-Peck added to party Society for Maternal-Fetal Medicine(pty:am) (Aukland-Peck, Adam) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
66

Transcript Order Form: transcript requested by Xavier Becerra, David R. Wright, US Department of Health and Human Services, Centers for Medicare & Medicaid Services, Karen L. Tritz (Court Reporter: Mechelle Daniel.) Payment method: US government funds Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court.. (Talmor-DOJ, Kate) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
67

NOTICE of Attorney Appearance by Jonathan F Mitchell on behalf of Catholic Health Care Leadership Alliance, Christ Medicus Foundation, National Catholic Bioethics Center, Catholic Bar Association, Catholic Medical Association, National Association of Catholic Nurses-U.S.A., The Catholic Benefits Association. (Filer confirms contact info in ECF is current.) (Mitchell, Jonathan) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
68

Unopposed MOTION for Leave to File Amici Curiae Brief filed by Catholic Bar Association, Catholic Health Care Leadership Alliance, Catholic Medical Association, Christ Medicus Foundation, National Association of Catholic Nurses-U.S.A., National Catholic Bioethics Center, The Catholic Benefits Association (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
69

ORDER granting 63, 64, 65 Applications for Admissions Pro Hac Vice of Shannon Rose Selden, Leah Martin, and Adam Aukland-Peck. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). The motion for leave to file 68 is granted. The Clerk shall file the amicis brief (Dkt. No. 68-1) as a new docket entry. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge James Wesley Hendrix on 8/23/2022) (bmh) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
70

BRIEF filed by Jonathan F. Mitchell for Catholic Bar Association, Catholic Health Care Leadership Alliance, Catholic Medical Association, Christ Medicus Foundation, National Association of Catholic Nurses-U.S.A., National Catholic Bioethics Center, The Catholic Benefits Association re: 22 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction. (bmh) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

RECAP
71

MOTION for Leave to File Two-Page Surreplyto Address Issues Raised for First Time at Argument filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services (Talmor-DOJ, Kate) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

RECAP
72

ORDER: Before the Court is the defendants motion to file a sur-reply 71 The motion is granted. The Court will take the sur-reply 71 under advisement (Ordered by Judge James Wesley Hendrix on 8/23/2022) (egp) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
73

MEMORANDUM OPINION AND ORDER: EMTALA is a federal statute requiring hospitals to provide emergency care to patients regardless of their financial circumstances. The statute says nothing about abortion, but it does impose obligations to stabilize bot h a mother and her unborn child. Without first completing notice-and-comment procedures, the Department of Health and Human Services issued Guidance to hospitals purporting to remind them that EMTALA requires the provision of abortions in certain ci rcumstances regardless of whether they are permitted under state law. Because that Guidance exceeds EMTALAs text and because notice-and-comment was required, the Court grants the plaintiffs motion for a preliminary injunction 22 and enjoins the Guidances enforcement against them. For the same reasons, the Court denies the defendants motion to dismiss 38 . (Ordered by Judge James Wesley Hendrix on 8/23/2022) (egp)

Aug. 23, 2022

Aug. 23, 2022

Clearinghouse
74

SUMMONS Returned Executed as to Xavier Becerra ; served on 7/21/2022. (Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
75

SUMMONS Returned Executed as to Karen L. Tritz ; served on 7/25/2022. (Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
76

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
77

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
78

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
79

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
80

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
81

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
82

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
83

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
84

STATUS REPORT ORDER: The Court orders the parties to file a joint status report by no lather than 9/9/2022. (Ordered by Judge James Wesley Hendrix on 8/29/2022) (bdg) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

RECAP
85

Unopposed Motion for Extension of Time to File Answer filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright with Brief/Memorandum in Support. (Healy, Christopher) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
86

MOTION for Clarification filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright with Brief/Memorandum in Support. (Healy, Christopher) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

RECAP
87

ORDER: Before the Court is Defendants' Motion to Extend the Answer Deadline, which the plaintiffs do not oppose. Dkt. No. 85. For the reasons stated in the defendants' motion, the motion is granted. Responsive pleadings are due September 27, 2022. (Ordered by Judge James Wesley Hendrix on 9/2/2022) (bmh) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
88

ORDER: Before the Court is Defendants' Motion for Clarification. Dkt. No. 86. The defendants indicate (id. at 2) that, after conferring with the plaintiffs, the motion is opposed. Plaintiffs must file a response no later than September 12, 2022. (Ordered by Judge James Wesley Hendrix on 9/2/2022) (bmh) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
89

NOTICE of Attorney Appearance by Matthew S Bowman on behalf of American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations. (Filer confirms contact info in ECF is current.) (Bowman, Matthew) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
90

Joint STATUS REPORT filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. (Healy, Christopher) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

RECAP
91

RESPONSE filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas re: 86 MOTION for Clarification (Hilton, Amy) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

RECAP
92

REPLY filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright re: 86 MOTION for Clarification (Talmor-DOJ, Kate) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

RECAP
93

ANSWER to 18 Amended Complaint,,, filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Ely, Alexander) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

Clearinghouse
94

NOTICE OF INTERLOCUTORY APPEAL as to 73 Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion for TRO,,,, Order on Motion for Injunction,,, to the Fifth Circuit by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Healy, Christopher) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

RECAP

USCA Case Number 22-11037 in USCA FIFTH CIRCUIT for 94 Notice of Appeal filed by David R. Wright, Karen L. Tritz, US Department of Health and Human Services, Xavier Becerra, Centers for Medicare & Medicaid Services. (bmh)

Oct. 26, 2022

Oct. 26, 2022

PACER
95

ORDER REQUIRING JURISDICTIONAL BRIEFING: Before the Court are the Defendants Motion for Clarification (Dkt. No. 86 ), the Plaintiffs Response (Dkt. No. 91 ), and the Defendants Reply (Dkt. No. 92 ). During the Courts consideration of the motion, the defendants filed a Notice of Appeal (Dkt. No. 94 ) to challenge the Courts Memorandum Opinion and Order granting a preliminary injunction (Dkt. No. 73 ). Ordinarily, [t]he filing of a notice of appeal is an event of jurisdictional significanceit confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal. At the same time, Federal Rule of Appellate Procedure 4 prevents a notice of appeal from taking effect until certain post-judgment motions are resolved by the district court. The parties are ordered to brief whether the Court has jurisdiction to resolve the motion. The parties briefs shall be submitted simultaneously at 3:00 P.M. on November 10, 2022. (Ordered by Judge James Wesley Hendrix on 10/28/2022) (krr) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

RECAP

Record on Appeal for USCA5 22-11037 (related to 94 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (bmh)

Oct. 31, 2022

Oct. 31, 2022

PACER
96

RESPONSE filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas re: 95 Order Setting Deadline/Hearing,,,, (Hilton, Amy) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

RECAP
97

DEFENDANT'S RESPONSE TO THE COURT'S ORDER REQUIRING JURISDICTION BRIEFING filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright re 95 Order Setting Deadline/Hearing,,,, Regarding the Court's Jurisdiction to Resolve Defendants' Motion for Clarification (Healy, Christopher) . (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

RECAP
98

NOTICE of Attorney Appearance by Julie Marie Blake on behalf of American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations. (Filer confirms contact info in ECF is current.) (Blake, Julie) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: July 14, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Texas state government officials, including Attorney General Ken Paxton.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

Alliance Defending Freedom

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Health and Human Services, Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Non-government non-profit

Non-government for-profit

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Commerce Power

Federalism (including 10th Amendment)

Free Exercise Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2022 - None

Issues

Affected Sex/Gender(s):

Female

Reproductive rights:

Abortion

Complete abortion ban