Case: Washington v. United States Food and Drug Administration

1:23-cv-03026 | U.S. District Court for the Eastern District of Washington

Filed Date: Feb. 23, 2023

Case Ongoing

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Case Summary

On February 23, 2023, ten states led by the state of Washington filed suit in the U.S. District Court for the Eastern District of Washington against the United States Food and Drug Administration (“FDA”) and the United States Department of Health and Human Services (“DHHS”). The states sought an injunction against the January 2023 Risk Evaluation and Mitigation Strategy (“REMS”) restrictions imposed by the FDA on the drug mifepristone, a commonly prescribed abortion drug. The states claimed that the FDA had singled out mifepristone for unduly harsh restrictions, far exceeding the actual risk of the drug, in contrast with lesser restrictions imposed on other drugs with a significant track record of being less safe. The states alleged that this imbalance violated the Administrative Procedure Act (“APA”) and substantive due process, and equal protection. The case was assigned to Judge Thomas O. Rice.

The drug mifepristone is the first of a two drug course of therapy used for medication abortions. Mifepristone blocks progesterone, effectively ending a pregnancy, and the second drug, misoprostol, causes contractions so that the body can expel that tissue from the uterus. This course of therapy was approved by the FDA in 2000 and has been tested repeatedly for safety. In the 22 years preceding this lawsuit, this combination of drugs had been used by approximately 5.6 million patients. There had been zero deaths causally linked with the course of medications, and few serious side effects. In spite of these statistics, the FDA continued to restrict access to mifepristone. At the time of filing, REMS restrictions were applied to only 60 of the over 20,000 prescription drugs the FDA had approved. The most stringent REMS restrictions the FDA imposed, the Elements to Assure Safe Use (“ETASU”), were applied to 56 of those 60 drugs, including opiates, fentanyl, and mifepristone. Drugs without REMS restrictions cover a wide swath of uses from over the counter medications like Tylenol, to prescription pills like Viagra; the plaintiff-states alleged that both of those drugs were considered more dangerous by scientists than mifepristone.

On January 3, 2023 the FDA renewed updated restrictions on access to mifepristone. Pursuant to those restrictions, prospective patients were first required to sign a form, which was placed in their medical record, stating that they were taking the medication for the purposes of ending their pregnancy. Second, prescribers were required to acquire a special certification to be able to prescribe the medication. And finally, although the FDA had removed a former REMS requirement that mifepristone be dispensed only in office by providers, pharmacies were required to be specially certified by the drug distributor. The states argued that these REMS unduly restricted mifepristone distribution, and created hurdles and safety concerns for providers and patients.

In this lawsuit, the plaintiff-states argued that the FDA’s actions violated the APA,. First, they claimed that the FDA’s actions were in excess of their statutory authority and not in accordance with the law. Next, they contended that the FDA’s actions were arbitrary and capricious and an abuse of agency discretion. Third, the plaintiff-states argued that the FDA’s January 2023 REMS restrictions on mifepristone treated similarly situated parties differently, therefore violating the constitutional rights to equal protection under the law. And finally, they claimed that the FDA’s actions violated the Due Process Clause of the Fifth Amendment. Ultimately, the plaintiff-states alleged that the REMS restrictions on mifepristone were irrational, not backed by science, and singled out pregnant people and their healthcare providers for different, harsher treatment than other patients.

Therefore the plaintiff-states sought declaratory judgment and injunctive relief, requesting the court tog:

Declare mifepristone to be safe and effective, and that the defendants’ approval of it was lawful and valid.
Declare that the mifepristone REMS violated the APA.
Declare that the mifepristone REMS violated the U.S. Constitution.
Enjoin the defendants from applying or enforcing the mifepristone REMS.
Enjoin the defendants from taking any action to remove mifepristone from the market or reduce its availability.
Award any additional relief justice required.

On February 24, 2023, the plaintiff-states filed a motion for preliminary injunction. They argued that states have an interest in protecting the health of their residents and the proprietary and pecuniary interests of their healthcare providers. Since the 2022 Dobbs decision, plaintiff-states have seen an influx of new patients from surrounding states where abortion access has been severely curtailed.They asserted that the REMS placed on mifepristone unnecessarily exacerbated the plaintiff-states’ already overburdened administrative workload, creating negative health effects for patients, safety concerns and stress for patients and providers, and actual monetary losses due to the administrative burden of developing processes to handle the REMS as well to keep up with the restrictions. Plaintiff-states argued, additionally, that the 2023 REMS violated the APA by being arbitrary and capricious by running counter to evidence before the FDA, and failing to find a rational connection between data and choices made.

Plaintiff-states argued that the equities and public interest weigh strongly in their favor. There is a clear public interest in protecting access to healthcare, and safeguarding the public from negative public health consequences. In comparison, they alleged the FDA has no legitimate interest in continuing to impose REMS restrictions. A hearing on the motion was scheduled for March 28, 2023.

On March 9, 2023, the Plaintiff-states filed an amended complaint adding an additional five states and the District of Columbia to the plaintiff list of twelve states.

On March 17, 2023, the defendants filed a Memorandum of Points and Authorities in Opposition to the Motion for a preliminary injunction. Defendants disputed the plaintiff-states’ claims, and argued that they would fail on the merits because there was no likelihood of irreparable harm given that the REMS restrictions have been made less restrictive, and the plaintiff-states had not filed a claim against the heavier, prior restrictions.

Interested parties continued to file briefs in support of the motion for a preliminary injunction and the court heard arguments on March 28, 2023. Shortly thereafter, Idaho, Iowa, Montana, Nebraska, South Carolina, Texas, and Utah filed a motion to intervene, arguing their interests were not properly represented by the FDA defendants.

Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration, a case filed in the U.S. District Court for the Northern District of Texas by anti-abortion groups and doctors seeking to end the legal use of mifepristone, added another dimension to the case. On April 7, 2023 the Texas court issued a preliminary ruling suspending FDA approval of mifepristone. That decision, however, was stayed until April 14, 2023 to allow the government to seek emergency appellate relief.

Less than an hour after the Texas court's ruling, the court in this case issued a ruling ordering the FDA to make no changes to the availability of mifepristone in plaintiff states until a final determination on the merits, preserving the status quo. Granting the plaintiffs' motion for a preliminary injunction in part, the court refrained from issuing a nationwide injunction because abortion restrictions vary between states and the alleged harm was not shared nationwide. The court also found that a nationwide injunction would be inappropriate because of the potential for competing litigation, reference the Texas case. Outside of the sense of urgency prompted by the Texas case and public interest in the issue at stake, the court found that plaintiffs had a high likelihood of success on the merits.

On April 10, 2023, the defendants in this Washington case filed a motion for clarification, asking Judge Rice to clarify their obligations under this court's preliminary injunction if the Texas order were to take effect and stay the approval of mifepristone. The defendants moved for expedited consideration of their motion. The next day, the possible state-intervenors filed a motion to expedite consideration of their motion to intervene.

Responding to the motion to clarify, on April 13, 2023, Judge Rice issued an order stating that irrespective of the Northern District of Texas or Fifth Circuit's rulings, defendants were preliminarily enjoined from altering the status quo and rights as it related to the availability of mifepristone in Plaintiff States and the District of Columbia. On April 21, the Supreme Court of the United States stayed the rulings in the Texas case, pending disposition of that appeal. The preliminary injunction in this case was unaffected by that ruling.

Also on April 21, 2023, Judge Rice denied the proposed intervenors' motion to intervene. The Court concluded that resolution of this case would not affect the states' claims that FDA should have more restrictive limitations than the 2023 REMS nor would this litigation impede the laws of those states. Therefore, intervention as a matter of right failed. The Court also found that there was no common question of law or fact, because the plaintiffs challenged specific restrictions on access to mifepristone while the proposed intervenors wanted to challenge a lack of specific restrictions. Because intervention would have brought in these addition claims and relief not at issue, litigation would have been delayed. Therefore, the Court declined to permit the states to intervene. The proposed intervenors appealed this decision to the Ninth Circuit on April 26.

The case is ongoing.

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Summary Authors

Nina Charap (3/10/2023)

Hannah Juge (4/8/2023)

Michelle Wolk (4/26/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66841644/parties/state-of-washington-v-united-states-food-and-drug-administration/

Judge(s)

Attorney for Plaintiff

Aceves, Sarah LJ (Washington)

Allen, Aletheia (Washington)

Barr, Daniel C (Washington)

Bates, Christopher A (Washington)

Attorney for Defendant

Expert/Monitor/Master/Other

Aukland-Peck, Adam B (Washington)

Judge(s)

Rice, Thomas Owen (Washington)

Attorney for Plaintiff

Aceves, Sarah LJ (Washington)

Allen, Aletheia (Washington)

Barr, Daniel C (Washington)

Bates, Christopher A (Washington)

Beneski, Kristin (Washington)

Clinton, Sabrena K (Washington)

Davis, Luci Danielle (Washington)

Fraas, Lauryn K (Washington)

Graziano, Jill M (Washington)

Harvey, Julia C (Washington)

Heintz, Tera M (Washington)

Hill, Nicole Suzanne (Washington)

Hughes, Andrew Wenderoff (Washington)

Hull, Sander Marcus (Washington)

Hydrick, Thomas T (Washington)

Joh, YoungWoo (Washington)

Jr, Peter Martin (Washington)

Kassab, Vanessa L (Washington)

Kramer, Liz C (Washington)

Lau, Erin N (Washington)

McEllis, Caitlyn Gulia (Washington)

McMaster, Michael D (Washington)

Melody, Colleen M (Washington)

Moncure, Halliday (Washington)

Olson, Jennifer Lee (Washington)

Olson, Leif A (Washington)

Olson, Eric R (Washington)

Perry, Joshua (Washington)

Purcell, Noah G (Washington)

Scott, Carla (Washington)

Service, Stephanie M (Washington)

Spottswood, Eleanor (Washington)

Stern, Heidi Parry (Washington)

Stevenson, Shannon Wells (Washington)

Sullivan, Steven M (Washington)

Turner, Joshua N (Washington)

Wessan, Eric H (Washington)

Wilson, Lincoln Davis (Washington)

Attorney for Defendant

Katzen, Noah T (Washington)

Expert/Monitor/Master/Other

Aukland-Peck, Adam B (Washington)

Beane, Amanda J (Washington)

McGuiggan, Megan (Washington)

Meegan, Molly A (Washington)

Morris, Jessica (Washington)

Selden, Shannon Rose (Washington)

Weiskopf, Daniel M (Washington)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:23-cv-03026	Complaint	Feb. 23, 2023	Feb. 23, 2023 Complaint
35 1:23-cv-03026	Amended Complaint Washington v. United States Food and Drug	March 9, 2023	March 9, 2023 Complaint
80 1:23-cv-03026	Order Granting in Part Plaintiffs' Motion for Preliminary Injunction	April 7, 2023	April 7, 2023 Order/Opinion 2023 U.S.Dist.LEXIS 2023
91 1:23-cv-03026	Order Granting Motion for Clarification	April 13, 2023	April 13, 2023 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions	The Justice Department issued a legal slip opinion saying, "Section 1461 of title 18 of the U.S. Code does not prohibit the mailing of certain drugs that can be used to perform abortions where the se…	Dec. 23, 2022	Dec. 23, 2022 https://www.justice.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/66841644/state-of-washington-v-united-states-food-and-drug-administration/

Last updated March 10, 2024, 4:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 402; Receipt # AWAEDC-4234043) Filed by All Plaintiffs. (Attachments: # 1 Exhibit Table of Contents, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Summons FDA, # 22 Summons Califf, # 23 Summons HHS, # 24 Summons Becerra, # 25 Civil Cover Sheet)(Beneski, Kristin) (Entered: 02/23/2023) 1 Exhibit Table of Contents View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER 14 Exhibit M View on PACER 15 Exhibit N View on PACER 16 Exhibit O View on PACER 17 Exhibit P View on PACER 18 Exhibit Q View on PACER 19 Exhibit R View on PACER 20 Exhibit S View on PACER 21 Summons FDA View on PACER 22 Summons Califf View on PACER 23 Summons HHS View on PACER 24 Summons Becerra View on PACER 25 Civil Cover Sheet View on PACER	Feb. 23, 2023	Feb. 23, 2023 Clearinghouse
	Notice of Judge Assignment. Judge Thomas O. Rice assigned to case. (TNC, Case Administrator)	Feb. 23, 2023	Feb. 23, 2023 PACER
2	MOTION for Leave to File Excess Pages for Plaintiff States' Motion for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 3/27/2023 Without Oral Argument before Chief Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Beneski, Kristin) (Entered: 02/24/2023)	Feb. 24, 2023	Feb. 24, 2023 PACER
	Notice of Judge Assignment	Feb. 24, 2023	Feb. 24, 2023 PACER
	Set/Reset Motion Hearing	Feb. 24, 2023	Feb. 24, 2023 PACER
3	MOTION for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 3/27/2023 at 10:00 AM in Yakima Courtroom 203 before Chief Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Beneski, Kristin) (Entered: 02/24/2023) 1 Text of Proposed Order View on RECAP	Feb. 24, 2023	Feb. 24, 2023 Clearinghouse
4	DECLARATION by Plaintiff States in Support re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit 1-19)(Beneski, Kristin) (Entered: 02/24/2023) 1 Exhibit 1-19 View on PACER	Feb. 24, 2023	Feb. 24, 2023 PACER
5	MOTION to Appear Pro Hac Vice re Attorney: YoungWoo Joh. Filing fee $ 200, receipt number AWAEDC-4234593. by State of Oregon. Motion Hearing set for 3/27/2023 Without Oral Argument before Chief Judge Stanley A Bastian. (Hull, Sander) (Entered: 02/24/2023)	Feb. 24, 2023	Feb. 24, 2023 PACER
6	Summons Issued as to All Defendants. (Attachments: # 1 Summons US Department of Health and Human Services, # 2 Summons Robert Califf, # 3 Summons Xavier Becerra)(TNC, Case Administrator) (Entered: 02/24/2023)	Feb. 24, 2023	Feb. 24, 2023 PACER
7	MOTION to Appear Pro Hac Vice re Attorney: Julia C. Harvey. Filing fee $ 200, receipt number AWAEDC-4234894. by State of Washington. Motion Hearing set for 3/27/2023 Without Oral Argument before Chief Judge Stanley A Bastian. (Hughes, Andrew) (Entered: 02/24/2023)	Feb. 24, 2023	Feb. 24, 2023 PACER
8	NOTICE by All Plaintiffs re 2 MOTION for Leave to File Excess Pages for Plaintiff States' Motion for Preliminary Injunction, 3 MOTION for Preliminary Injunction (Beneski, Kristin) (Entered: 02/24/2023)	Feb. 24, 2023	Feb. 24, 2023 RECAP
9	PROOF OF SERVICE by All Plaintiffs re All Defendants. (Beneski, Kristin) (Entered: 02/24/2023)	Feb. 24, 2023	Feb. 24, 2023 PACER
10	PROOF OF SERVICE by All Plaintiffs re All Defendants. (Beneski, Kristin) (Entered: 02/24/2023)	Feb. 24, 2023	Feb. 24, 2023 PACER
	Reset Motion Hearings for 3/27/2023 Without Oral Argument before Judge Thomas O. Rice re: 3 MOTION for Preliminary Injunction, 7 MOTION to Appear Pro Hac Vice re Attorney: Julia C. Harvey. 2 MOTION for Leave to File Excess Pages for Plaintiff States' Motion for Preliminary Injunction, 5 MOTION to Appear Pro Hac Vice re Attorney: YoungWoo Joh. (CLP, Case Administrator Team Lead)	Feb. 24, 2023	Feb. 24, 2023 PACER
11	CERTIFICATE OF SERVICE re All Defendants filed by All Plaintiffs. (Beneski, Kristin) (Entered: 02/24/2023)	Feb. 24, 2023	Feb. 24, 2023 PACER
12	ORDER granting 2 Motion for Leave to File Excess Pages. Plaintiffs' Motion for Preliminary Injunction is accepted as filed. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 02/27/2023)	Feb. 27, 2023	Feb. 27, 2023 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Feb. 27, 2023	Feb. 27, 2023 PACER
	Order on Motion for Leave to File Excess Pages	Feb. 27, 2023	Feb. 27, 2023 PACER
13	ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney YoungWoo Joh added for State of Oregon. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 02/27/2023)	Feb. 27, 2023	Feb. 27, 2023 PACER
14	ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Julia C. Harvey added for State of Washington. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 02/27/2023)	Feb. 27, 2023	Feb. 27, 2023 PACER
15	NOTICE of Appearance by Noah T Katzen on behalf of Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration (Attorney Noah T Katzen added to party Xavier Becerra(pty:dft), Attorney Noah T Katzen added to party Robert M Califf(pty:dft), Attorney Noah T Katzen added to party United States Department of Health and Human Services(pty:dft), Attorney Noah T Katzen added to party United States Food and Drug Administration(pty:dft))(Katzen, Noah) (Entered: 02/28/2023)	Feb. 28, 2023	Feb. 28, 2023 PACER
16	MOTION for Extension of Time to File Response/Reply by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 3/30/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 02/28/2023)	Feb. 28, 2023	Feb. 28, 2023 RECAP
17	Unopposed MOTION to Expedite by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 3/7/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 02/28/2023)	Feb. 28, 2023	Feb. 28, 2023 RECAP
18	ORDER: For good cause shown, Defendants' 17 Unopposed Motion to Expedite is GRANTED. Plaintiffs shall file a response to Defendants' 16 Motion for Extension of Time no later than March 6, 2023. A hearing on the motion is set for March 7, 2023 without oral argument. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER - NO PDF ATTACHED. (HH, Law Clerk) (Entered: 03/01/2023)	March 1, 2023	March 1, 2023 PACER
	Set/Reset Motion Hearing	March 1, 2023	March 1, 2023 PACER
	Order on Motion to Expedite	March 1, 2023	March 1, 2023 PACER
	Set/Reset Motion Hearing as to 16 MOTION for Extension of Time to File Response/Reply. Motion Hearing set for 3/7/2023 without oral argument before Judge Thomas O. Rice. (HH, Law Clerk)	March 1, 2023	March 1, 2023 PACER
19	RESPONSE to Motion re 16 MOTION for Extension of Time to File Response/Reply filed by All Plaintiffs. (Beneski, Kristin) (Entered: 03/01/2023)	March 1, 2023	March 1, 2023 RECAP
20	ORDER: For good cause shown, Defendants' 16 Motion for Extension of Time is GRANTED in part. Defendants shall respond to Plaintiffs' 3 Motion for Preliminary Injunction on or before 3/17/2023. Plaintiffs' Reply, if any, is due on or before 3/24/2023. The hearing on the motion is RESET to 3/28/2023 at 8:30 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF ATTACHED. (BF, Paralegal) (Entered: 03/02/2023)	March 2, 2023	March 2, 2023 PACER
	Set/Reset Motion Hearing	March 2, 2023	March 2, 2023 PACER
	Order on Motion for Extension of Time to File Response/Reply	March 2, 2023	March 2, 2023 PACER
	Reset Motion Hearing as to 3 MOTION for Preliminary Injunction. Motion Hearing reset for 3/28/2023 at 8:30 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (BF, Paralegal)	March 2, 2023	March 2, 2023 PACER
21	MOTION to Appear Pro Hac Vice re Attorney: Aletheia Allen. Filing fee $ 200, receipt number AWAEDC-4240057, by State of New Mexico Washington. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) Modified on 3/3/2023 to correct the filing party (CV, Courtroom Deputy). (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 RECAP
22	MOTION to Appear Pro Hac Vice re Attorney: Eric R. Olson. Filing fee $ 200, receipt number AWAEDC-4240068. by State of Colorado. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 PACER
23	MOTION to Appear Pro Hac Vice re Attorney: Michael D. McMaster. Filing fee $ 200, receipt number AWAEDC-4240182. by State of Colorado. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 PACER
24	MOTION to Appear Pro Hac Vice re Attorney: Stephanie M. Service. Filing fee $ 200, receipt number AWAEDC-4240190. by Attorney General of Michigan. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 PACER
25	MOTION to Appear Pro Hac Vice re Attorney: Luci D. Davis. Filing fee $ 200, receipt number AWAEDC-4240264. by State of Arizona. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 PACER
26	MOTION to Appear Pro Hac Vice re Attorney: Daniel C. Barr. Filing fee $ 200, receipt number AWAEDC-4240270. by State of Arizona. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 PACER
27	NOTICE of Appearance by Carla Scott on behalf of State of Oregon (Attorney Carla Scott added to party State of Oregon(pty:pla))(Scott, Carla) (Entered: 03/06/2023)	March 6, 2023	March 6, 2023 RECAP
28	NOTICE of Appearance of Counsel by Tera M Heintz on behalf of State of Washington (Attorney Tera M Heintz added to party State of Washington(pty:pla))(Heintz, Tera) (Entered: 03/06/2023)	March 6, 2023	March 6, 2023 RECAP
29	ORDER granting 21 Motion for Leave to Appear Pro Hac Vice. Attorney Aletheia Allen added for Plaintiff State of New Mexico. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)	March 7, 2023	March 7, 2023 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	March 7, 2023	March 7, 2023 PACER
30	ORDER granting 22 Motion for Leave to Appear Pro Hac Vice. Attorney Eric R. Olson added for Plaintiff State of Colorado. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)	March 7, 2023	March 7, 2023 PACER
31	ORDER granting 23 Motion for Leave to Appear Pro Hac Vice. Attorney Michael D. McMaster added for Plaintiff State of Colorado. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)	March 7, 2023	March 7, 2023 PACER
32	ORDER granting 24 Motion for Leave to Appear Pro Hac Vice. Attorney Stephanie M. Service added for Plaintiff Attorney General of Michigan. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)	March 7, 2023	March 7, 2023 PACER
33	ORDER granting 25 Motion for Leave to Appear Pro Hac Vice. Attorney Luci D. Davis added for Plaintiff State of Arizona. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)	March 7, 2023	March 7, 2023 PACER
34	ORDER granting 26 Motion for Leave to Appear Pro Hac Vice. Attorney Daniel C. Barr added for Plaintiff State of Arizona. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)	March 7, 2023	March 7, 2023 PACER
35	AMENDED COMPLAINT against All Defendants. Filed by All Plaintiffs.(Beneski, Kristin) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 Clearinghouse
	Order on Motion for Leave to Appear Pro Hac Vice	March 9, 2023	March 9, 2023 PACER
36	MOTION to Appear Pro Hac Vice re Attorney: Jill M. Graziano. Filing fee $ 200, receipt number AWAEDC-4244559. by Commonwealth of Pennsylvania. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 PACER
37	MOTION to Appear Pro Hac Vice re Attorney: Jennifer Olson. Filing fee $ 200, receipt number AWAEDC-4244590. by State of Minnesota. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 PACER
38	MOTION to Appear Pro Hac Vice re Attorney: Liz Kramer. Filing fee $ 200, receipt number AWAEDC-4244593. by State of Minnesota. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 PACER
39	MOTION to Appear Pro Hac Vice re Attorney: Caitlyn G. McEllis. Filing fee $ 200, receipt number AWAEDC-4244596. by State of Illinois. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 PACER
40	ORDER granting 36 Motion for Leave to Appear Pro Hac Vice. Attorney Jill M. Graziano added for Plaintiff Commonwealth of Pennsylvania. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 PACER
41	ORDER granting 37 Motion for Leave to Appear Pro Hac Vice. Attorney Jennifer Olson added for Plaintiff State of Minnesota. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 PACER
42	ORDER granting 38 Motion for Leave to Appear Pro Hac Vice. Attorney Liz Kramer added for Plaintiff State of Minnesota. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 PACER
43	ORDER granting 39 Motion for Leave to Appear Pro Hac Vice. Attorney Caitlyn G. McEllis for Plaintiff State of Illinois. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 PACER
44	MOTION to Appear Pro Hac Vice re Attorney: Nicole S. Hill. Filing fee $ 200, receipt number AWAEDC-4245466. by District of Columbia. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
45	MOTION to Appear Pro Hac Vice re Attorney: Vanessa L. Kassab. Filing fee $ 200, receipt number AWAEDC-4245806. by State of Delaware. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
46	ORDER granting 44 Motion for Leave to Appear Pro Hac Vice. Attorney Nicole S. Hill added for Plaintiff District of Columbia. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/13/2023)	March 13, 2023	March 13, 2023 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	March 13, 2023	March 13, 2023 PACER
47	ORDER granting 45 Motion for Leave to Appear Pro Hac Vice. Attorney Vanessa L. Kassab added for Plaintiff District of Columbia. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/13/2023)	March 13, 2023	March 13, 2023 PACER
48	Consent MOTION for Leave to File Excess Pages by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 4/14/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 03/15/2023)	March 15, 2023	March 15, 2023 RECAP
49	Consent MOTION to Expedite by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 3/22/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 03/15/2023)	March 15, 2023	March 15, 2023 RECAP
50	ORDER: For good cause shown, Defendants' 48 Consent Motion for Leave to File Excess Pages and 49 Consent Motion to Expedite are GRANTED. Defendants' response to Plaintiffs' 3 Motion for Preliminary Injunction shall not exceed 35 pages. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER - NO PDF ATTACHED. (HH, Law Clerk) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) (Entered: 03/16/2023)	March 16, 2023	March 16, 2023 PACER
	Order on Motion to Expedite AND Order on Motion for Leave to File Excess Pages	March 16, 2023	March 16, 2023 PACER
51	MEMORANDUM of Points and Authorities in Opposition re 3 MOTION for Preliminary Injunction filed by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Affidavit Katzen Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Katzen, Noah) (Entered: 03/17/2023) 1 Affidavit Katzen Declaration View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER	March 17, 2023	March 17, 2023 Clearinghouse
52	MOTION for Leave to File AMICUS CURIAE BRIEF by Legal Voice. Motion Hearing set for 4/21/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Beane, Amanda) (Entered: 03/22/2023)	March 22, 2023	March 22, 2023 PACER
53	AMICUS BRIEF by Legal Voice. (Beane, Amanda) (Entered: 03/22/2023)	March 22, 2023	March 22, 2023 RECAP
54	MOTION for Leave to File Excess Pages for Reply in Support of Motion for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 3/23/2023 Without Oral Argument before Judge Thomas O. Rice. (Beneski, Kristin) (Entered: 03/22/2023)	March 22, 2023	March 22, 2023 PACER
55	MOTION to Expedite Motion to Exceed Page Limits by All Plaintiffs. Motion Hearing set for 3/23/2023 Without Oral Argument before Judge Thomas O. Rice. (Beneski, Kristin) (Entered: 03/22/2023)	March 22, 2023	March 22, 2023 RECAP
56	ORDER: For good cause shown, Plaintiffs' Unopposed 54 Motion for Leave to File Excess Pages and 55 Motion to Expedite are GRANTED. Plaintiffs' reply shall not exceed 17 pages. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER - NO PDF ATTACHED. (HH, Law Clerk) (Entered: 03/23/2023)	March 23, 2023	March 23, 2023 PACER
	Order on Motion to Expedite AND Order on Motion for Leave to File Excess Pages	March 23, 2023	March 23, 2023 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	March 23, 2023	March 23, 2023 PACER
57	MOTION to Appear Pro Hac Vice re Attorney: Halliday Moncure. Filing fee $ 200, receipt number CWAEDC-4254390. by State of Maine. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/23/2023)	March 23, 2023	March 23, 2023 PACER
58	ORDER granting 57 Motion for Leave to Appear Pro Hac Vice. Attorney Halliday Moncure added for Plaintiff State of Maine. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/23/2023)	March 23, 2023	March 23, 2023 PACER
59	NOTICE of Appearance by Daniel M Weiskopf on behalf of American College of Obstetricians and Gynecologists, American Medical Association, Society for Maternal-Fetal Medicine, American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American Gynecological and Obstetrical Society, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association (Attorney Daniel M Weiskopf added to party American College of Obstetricians and Gynecologists(pty:am), Attorney Daniel M Weiskopf added to party American Medical Association(pty:am), Attorney Daniel M Weiskopf added to party Society for Maternal-Fetal Medicine(pty:am), Attorney Daniel M Weiskopf added to party American Academy of Family Physicians(pty:am), Attorney Daniel M Weiskopf added to party American Academy of Pediatrics(pty:am), Attorney Daniel M Weiskopf added to party American College of Nurse-Midwives(pty:am), Attorney Daniel M Weiskopf added to party American Gynecological and Obstetrical Society(pty:am), Attorney Daniel M Weiskopf added to party American Society for Reproductive Medicine(pty:am), Attorney Daniel M Weiskopf added to party Council of University Chairs of Obstetrics & Gynecology(pty:am), Attorney Daniel M Weiskopf added to party North American Society for Pediatric and Adolescent Gynecology(pty:am), Attorney Daniel M Weiskopf added to party Society of General Internal Medicine(pty:am), Attorney Daniel M Weiskopf added to party Society of Gynecologic Oncology(pty:am), Attorney Daniel M Weiskopf added to party Society of Gynecologic Surgeons(pty:am), Attorney Daniel M Weiskopf added to party Society of OB/GYN Hospitalists(pty:am), Attorney Daniel M Weiskopf added to party Washington State Medical Association(pty:am))(Weiskopf, Daniel) (Entered: 03/24/2023)	March 24, 2023	March 24, 2023 PACER
60	REPLY MEMORANDUM re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Beneski, Kristin) (Entered: 03/24/2023)	March 24, 2023	March 24, 2023 RECAP
61	DECLARATION by Andrew Hughes in Support re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Beneski, Kristin) (Entered: 03/24/2023) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER	March 24, 2023	March 24, 2023 PACER
62	DECLARATION by Karen Nelson in Support re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Beneski, Kristin) (Entered: 03/24/2023)	March 24, 2023	March 24, 2023 RECAP
63	DECLARATION by Courtney Schreiber, M.D., M.P.H. in Support re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Beneski, Kristin) (Entered: 03/24/2023)	March 24, 2023	March 24, 2023 RECAP
64	MOTION to Appear Pro Hac Vice re Attorney: Adam Aukand-Peck. Filing fee $ 200, receipt number AWAEDC-4256420. by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023)	March 24, 2023	March 24, 2023 PACER
65	MOTION to Appear Pro Hac Vice re Attorney: Jessica Morris. Filing fee $ 200, receipt number AWAEDC-4256443. by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023)	March 24, 2023	March 24, 2023 PACER
66	MOTION to Appear Pro Hac Vice re Attorney: Megan McGuiggan. Filing fee $ 200, receipt number AWAEDC-4256448. by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023)	March 24, 2023	March 24, 2023 PACER
67	MOTION to Appear Pro Hac Vice re Attorney: Molly Meegan. Filing fee $ 200, receipt number AWAEDC-4256450. by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023)	March 24, 2023	March 24, 2023 PACER
68	MOTION to Appear Pro Hac Vice re Attorney: Shannon R. Selden. Filing fee $ 200, receipt number AWAEDC-4256453. by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023) 1 Text of Proposed Order View on PACER	March 24, 2023	March 24, 2023 PACER
69	Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiffs' Amended Complaint and Motion for Preliminary Injunction by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 3/30/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023) 1 Amicus Brief View on RECAP 2 Text of Proposed Order View on RECAP	March 24, 2023	March 24, 2023 PACER
70	Minute Entry for proceedings held before Judge Thomas O. Rice: Motion Hearing held on 3/28/2023. (Reported by: Allison Anderson) (BF, Paralegal) (Entered: 03/28/2023)	March 28, 2023	March 28, 2023 RECAP
71	Supplemental NOTICE by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration (Katzen, Noah) (Entered: 03/29/2023)	March 29, 2023	March 29, 2023 RECAP
72	RESPONSE to Notice of Supplemental Information by All Plaintiffs. (Attachments: # 1 Appendix A)(Beneski, Kristin) (Entered: 03/30/2023) 1 Appendix A View on PACER	March 30, 2023	March 30, 2023 PACER
73	MOTION to Appear Pro Hac Vice re Attorney: Heidi Parry Stern. Filing fee $ 200, receipt number AWAEDC-4260631. by State of Nevada. Motion Hearing set for 5/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/30/2023)	March 30, 2023	March 30, 2023 RECAP
74	MOTION to Appear Pro Hac Vice re Attorney: Steven M. Sullivan. Filing fee $ 200, receipt number AWAEDC-4260645. by State of Maryland. Motion Hearing set for 5/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/30/2023)	March 30, 2023	March 30, 2023 PACER
75	MOTION to Appear Pro Hac Vice re Attorney: Eleanor Spottswood. Filing fee $ 200, receipt number AWAEDC-4260649. by State of Vermont. Motion Hearing set for 5/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/30/2023)	March 30, 2023	March 30, 2023 PACER
76	MOTION to Intervene by State of Idaho, State of Iowa, State of Montana, State of Nebraska, State of South Carolina, State of Texas, State of Utah. Motion Hearing set for 5/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Complaint)(Wilson, Lincoln) (Entered: 03/30/2023) 1 Complaint View on RECAP	March 30, 2023	March 30, 2023 PACER
77	MOTION to Appear Pro Hac Vice re Attorney: Joshua N. Turner. Filing fee $ 200, receipt number AWAEDC-4260708. by State of Idaho, State of Iowa, State of Montana, State of Nebraska, State of South Carolina, State of Texas, State of Utah. Motion Hearing set for 5/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Wilson, Lincoln) (Entered: 03/30/2023)	March 30, 2023	March 30, 2023 PACER
78	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Motion Hearing. Proceedings held on 3/28/2023 in Spokane, Washington before Judge Thomas O. Rice. Page Numbers: 1 - 28 Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court website at www.waed.uscourts.gov. To purchase a copy of the transcript contact Court Reporter/Transcriber Allison Anderson at 509-458-3465 or Allison_Anderson@waed.uscourts.gov. Redaction Request due 4/25/2023. Redacted Transcript Deadline set for 5/5/2023. Release of Transcript Restriction set for 7/3/2023. (Anderson, Allison) (Entered: 04/04/2023)	April 4, 2023	April 4, 2023 PACER
79	MOTION to Appear Pro Hac Vice re Attorney: Peter M. Torstensen, Jr.. Filing fee $ 200, receipt number AWAEDC-4265245. by State of Montana. Motion Hearing set for 5/8/2023 Without Oral Argument before Judge Thomas O. Rice. (Wilson, Lincoln) (Entered: 04/06/2023)	April 6, 2023	April 6, 2023 PACER
80	ORDER denying ECF No. 52 Motion for Leave to File Amicus Curiae Brief; denying ECF No. 69 Motion for Leave to File Amicus Curiae Brief; granting in part and denying in part ECF No. 3 Motion for Preliminary Injunction. Signed by Judge Thomas O. Rice. (Entered: 04/07/2023)	April 7, 2023	April 7, 2023 Clearinghouse
81	MOTION to Clarify by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 5/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 04/10/2023)	April 10, 2023	April 10, 2023 RECAP
82	MOTION to Expedite by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 4/17/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 04/10/2023)	April 10, 2023	April 10, 2023 RECAP

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Case Details

State / Territory: Washington

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Feb. 23, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

States of Washington, Oregon, Arizona, Colorado, Connecticut, Delaware, Illinois, Nevada, New Mexico, Rhode Island, Vermont, Hawaii, Maine, Maryland, Minnesota, Commonwealth of Pennsylvania and the District of Columbia, and the Attorney General of Michigan

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Food and Drug Administration (- United States (national) -), Federal

US Department of Health and Human Services (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details