Case: State of Tennessee v. Becerra

3:23-cv-00384 | U.S. District Court for the Eastern District of Tennessee

Filed Date: Oct. 23, 2023

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) The Biden Adminsitration Department of Health and Human Services disapproved Tennessee's family planning program, a recipient of federal funding; HHS told Tennessee that its funding eligibility was contingent on its staff counseling women and and, when appropriate, refering them for abortions prohibited by state law. When Tennessee refused, HHS canceled the balance of Tennessee’s Title X grant and reallocated the $7 million the State was t…

(This summary is temporary while we research the case.) The Biden Adminsitration Department of Health and Human Services disapproved Tennessee's family planning program, a recipient of federal funding; HHS told Tennessee that its funding eligibility was contingent on its staff counseling women and and, when appropriate, refering them for abortions prohibited by state law. When Tennessee refused, HHS canceled the balance of Tennessee’s Title X grant and reallocated the $7 million the State was to receive to Planned Parenthood and similar groups. 

Tennessee sued, filing in U.S. District Court for the Eastern District of Tennessee.  The District Court denied a preliminary injunction, and on appeal, the Sixth Circuit agreed on August 26, 202, finding HHS empowered by the statute to impose the challenged requirements. Judge Kethledge dissented, arguing that the majority was erroneously deferring to the agency's understanding of the law, when (under the recent Supreme Court precedent in Loper Bright Enters. v. Raimondo, 144 S. Ct. 2244 (2024), no such deference should be afforded. 

Once the second Trump Adminsitration began, it reversed the underlying requirement.  The state and federal government together then sought vacatur of the Sixth Circuit opinion, and the Supreme Court agreed that was appropriate on Jan. 20, 2026.   

 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67908686/parties/state-of-tennessee-v-becerra/


Judge(s)
Attorney for Plaintiff

Dykstra, Matthew P (Tennessee)

Fiorile, Joseph

Attorney for Defendant

Clendenen, Michael Patrick (Tennessee)

Dixon, Courtney L.

Expert/Monitor/Master/Other

Conde, James R.

show all people

Documents in the Clearinghouse

Document
1

3:23-cv-00384

Complaint

Oct. 24, 2023

Oct. 24, 2023

30

3:23-cv-00384

Order on Motion for Preliminary Injunction

March 11, 2024

March 11, 2024

49-2

24-05220

opinion and judgment filed

Aug. 26, 2024

Aug. 26, 2024

74-2

24-05220

amended opinion

March 10, 2025

March 10, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67908686/state-of-tennessee-v-becerra/

Last updated Jan. 21, 2026, 9:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT For Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 402 receipt number ATNEDC-5506360.), filed by State of Tennessee. (Attachments: # 1 Exhibit TN VPR Final Report, # 2 Exhibit Oct. 19_2022 OPA Email, # 3 Exhibit Feb. 13 TDoH Ltr. to OPA, # 4 Exhibit Goodwin Declaration w Exhibits, # 5 Exhibit Amosun Declaration w Exhibits, # 6 Exhibit Dobbs FAQ, # 7 Exhibit Mar. 2022 NOA, # 8 Exhibit Jan. 25 OPA Ltr. to TDoH, # 9 Exhibit Mar. 1 OPA Ltr. to Tenn. Dep't of Health, # 10 Exhibit Mar. 13 Tenn. Dep't of Health Ltr., # 11 Exhibit Mar. 20 OPA Ltr. to Tenn. Dep't of Health, # 12 Exhibit Mar. 2023 NOA (1), # 13 Exhibit OPA Jx. Resp., # 14 Exhibit Apr. 4_2023 OPA Email, # 15 Exhibit DAB Jx. Request, # 16 Exhibit Tenn. Jx. Resp., # 17 Exhibit OPA May 30 Email, # 18 Exhibit Oliver Declaration with Attachment, # 19 Other Civil Cover Sheet, # 20 Summons Becerra Summons, # 21 Summons Marcella Summons, # 22 Summons OPA Summons to Garland, # 23 Summons OPA Summons to Hamilton, # 24 Summons HHS Summons to Garland, # 25 Summons HHS Summons to Hamilton)(Meriwether, Trenton) (Entered: 10/24/2023)

1 Exhibit TN VPR Final Report

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2 Exhibit Oct. 19_2022 OPA Email

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3 Exhibit Feb. 13 TDoH Ltr. to OPA

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4 Exhibit Goodwin Declaration w Exhibits

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5 Exhibit Amosun Declaration w Exhibits

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6 Exhibit Dobbs FAQ

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7 Exhibit Mar. 2022 NOA

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8 Exhibit Jan. 25 OPA Ltr. to TDoH

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9 Exhibit Mar. 1 OPA Ltr. to Tenn. Dep't of Health

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10 Exhibit Mar. 13 Tenn. Dep't of Health Ltr.

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11 Exhibit Mar. 20 OPA Ltr. to Tenn. Dep't of Health

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12 Exhibit Mar. 2023 NOA (1)

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13 Exhibit OPA Jx. Resp.

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14 Exhibit Apr. 4_2023 OPA Email

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15 Exhibit DAB Jx. Request

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16 Exhibit Tenn. Jx. Resp.

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17 Exhibit OPA May 30 Email

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18 Exhibit Oliver Declaration with Attachment

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19 Other Civil Cover Sheet

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20 Summons Becerra Summons

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21 Summons Marcella Summons

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22 Summons OPA Summons to Garland

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23 Summons OPA Summons to Hamilton

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24 Summons HHS Summons to Garland

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25 Summons HHS Summons to Hamilton

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Oct. 24, 2023

Oct. 24, 2023

Clearinghouse
2

MOTION for Leave to Appear Pro Hac Vice Matthew Dykstra by State of Tennessee. (Meriwether, Trenton) (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

RECAP
3

MOTION for Leave to Appear Pro Hac Vice Whitney Hermandorfer ( Filing fee $ 90 receipt number ATNEDC-5506898.) by State of Tennessee. (Meriwether, Trenton) (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

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4

Summons Issued as to Xavier Becerra, Jessica S. Marcella, Office of Population Affairs, United States Department of Health and Human Services. (Attachments: # 1 Other summons, # 2 Other summons, # 3 Other summons, # 4 Other summons, # 5 Other summons)(KMK) (Entered: 10/24/2023)

1 Other summons

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2 Other summons

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3 Other summons

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4 Other summons

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5 Other summons

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Oct. 24, 2023

Oct. 24, 2023

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5

Order Governing Depositions - Signed by District Judge Travis R McDonough on 10/24/2023. (KMK) Modified on 10/25/2023 (KMK): copies mailed to Matthew P Dykstra and Whitney Hermandorfer (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

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6

Order Governing Motions To Dismiss - Signed by District Judge Travis R McDonough on 10/24/2023. (KMK) Modified on 10/25/2023 (KMK): copies mailed to Matthew P Dykstra and Whitney Hermandorfer (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

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7

Order Governing Sealing Confidential Information - Signed by District Judge Travis R McDonough on 10/24/2023. (KMK) Modified on 10/25/2023 (KMK): copies mailed to Matthew P Dykstra and Whitney Hermandorfer (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

RECAP

Add and Terminate Judges

Oct. 24, 2023

Oct. 24, 2023

Clerk's Verification of PHV Requirements

Oct. 24, 2023

Oct. 24, 2023

District Judge Travis R McDonough and Magistrate Judge Jill E McCook added. (KMK)

Oct. 24, 2023

Oct. 24, 2023

Clerk's Verification of PHV Requirements is complete regarding document: 3 MOTION for Leave to Appear Pro Hac Vice Whitney Hermandorfer ( Filing fee $ 90 receipt number ATNEDC-5506898.) filed by State of Tennessee (KMK)

Oct. 24, 2023

Oct. 24, 2023

8

NOTICE of Deficiency (Pro Hac) re: 2 MOTION for Leave to Appear Pro Hac Vice for attorney Matthew Dykstra. Upon review of our attorney admission records, the Clerk's Office is unable to verify that a pending application for admission has been submitted to the Eastern District of Tennessee. Please review E.D. Tenn L.R. 83.5 and take appropriate action to cure the deficiency. (copy mailed to Matthew Dykstra) (KMK) (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

RECAP
9

ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 10/25/2023. (This entry constitutes the complete Order of the Court). (HSN) Modified to reflect copy mailed to Whitney Hermandorfer on 10/25/2023 (JBR). (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 25, 2023

Oct. 25, 2023

Clerk's Verification of PHV Requirements is complete regarding document: 2 MOTION for Leave to Appear Pro Hac Vice Matthew Dykstra filed by State of Tennessee - Attorney Admission application submitted to the Clerk's Office. (KMK)

Oct. 31, 2023

Oct. 31, 2023

Clerk's Verification of PHV Requirements

Oct. 31, 2023

Oct. 31, 2023

10

ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 11/02/2023. This entry constitutes the complete Order of the Court. (HSN) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 2, 2023

Nov. 2, 2023

11

SUPPLEMENT to 1 Complaint,,,, Summons to U.S. Department of Health & Human Services by State of Tennessee. (Meriwether, Trenton) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

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12

SUPPLEMENT to 1 Complaint,,,, Summons to U.S. Office of Population Affairs by State of Tennessee. (Meriwether, Trenton) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

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13

Summons Issued as to Office of Population Affairs and United States Department of Health and Human Services (Attachments: # 1 Summons U.S. Department of Health and Human Services)(ABF) (Entered: 11/03/2023)

1 Summons U.S. Department of Health and Human Services

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Nov. 3, 2023

Nov. 3, 2023

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14

NOTICE by State of Tennessee Proof of Service to United States Attorney Hamilton (Meriwether, Trenton) (Entered: 11/06/2023)

Nov. 6, 2023

Nov. 6, 2023

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15

NOTICE of Appearance by Robert Charles Merritt on behalf of All Defendants (Merritt, Robert) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

RECAP
16

MOTION for Order Setting Briefing Schedule by State of Tennessee. (Meriwether, Trenton) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

RECAP
17

BRIEFING ORDER. Signed by District Judge Travis R McDonough on 11/20/2023. (CNC) (Entered: 11/20/2023)

Nov. 20, 2023

Nov. 20, 2023

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18

NOTICE of Appearance by Michael Patrick Clendenen on behalf of Xavier Becerra, Jessica S. Marcella, Office of Population Affairs, United States Department of Health and Human Services (Clendenen, Michael) (Entered: 11/22/2023)

Nov. 22, 2023

Nov. 22, 2023

RECAP
19

SUMMONS Returned Executed by State of Tennessee. Xavier Becerra served on 11/6/2023. (Meriwether, Trenton) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

RECAP
20

MOTION for Preliminary Injunction for Injunctive and Declaratory Relief by State of Tennessee. (Attachments: # 1 Other Proposed Order)(Hermandorfer, Whitney) (Entered: 12/01/2023)

1 Other Proposed Order

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Dec. 1, 2023

Dec. 1, 2023

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21

MEMORANDUM in Support of Motion re 20 MOTION for Preliminary Injunction for Injunctive and Declaratory Relief filed by State of Tennessee. (Attachments: # 1 Appendix Supplemental Declaration of Tobi Amosun)(Hermandorfer, Whitney) (Entered: 12/01/2023)

1 Appendix Supplemental Declaration of Tobi Amosun

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Dec. 1, 2023

Dec. 1, 2023

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22

MOTION for Order Regarding Briefing Schedule by State of Tennessee. (Meriwether, Trenton) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

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23

NOTICE by State of Tennessee Proof of Service to Defendants Jessica Marcella, U.S. Department of Health and Human Services, Office of Population Affairs, and OPA Copy to Attorney General Merrick Garland (Meriwether, Trenton) (Entered: 12/27/2023)

Dec. 27, 2023

Dec. 27, 2023

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24

BRIEFING ORDER. Signed by District Judge Travis R McDonough on 1/5/2024. (CNC) (Entered: 01/05/2024)

Jan. 5, 2024

Jan. 5, 2024

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25

NOTICE of Appearance by Alexandra Rachel Saslaw on behalf of All Defendants (Saslaw, Alexandra) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

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26

RESPONSE in Opposition re 20 MOTION for Preliminary Injunction for Injunctive and Declaratory Relief filed by Xavier Becerra, Jessica S. Marcella, Office of Population Affairs, United States Department of Health and Human Services. (Merritt, Robert) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

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27

REPLY to Response to Motion re 20 MOTION for Preliminary Injunction for Injunctive and Declaratory Relief filed by State of Tennessee. (Hermandorfer, Whitney) (Entered: 01/23/2024)

Jan. 23, 2024

Jan. 23, 2024

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28

NOTICE by Xavier Becerra, Jessica S. Marcella, Office of Population Affairs, United States Department of Health and Human Services of Filing of Administrative Record (Attachments: # 1 Index, # 2 Administrative Record, # 3 Certification)(Saslaw, Alexandra) (Entered: 02/01/2024)

1 Index

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2 Administrative Record

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3 Certification

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Feb. 1, 2024

Feb. 1, 2024

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29

Joint MOTION for Leave to File Excess Pages for Summary Judgment Briefing by State of Tennessee. (Attachments: # 1 Other Proposed Order)(Hermandorfer, Whitney) (Entered: 03/11/2024)

1 Other Proposed Order

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March 11, 2024

March 11, 2024

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30

MEMORANDUM OPINION denying 20 Motion for Preliminary Injunction. Signed by District Judge Travis R McDonough on 3/11/2024. (CNC) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

Clearinghouse
31

NOTICE OF APPEAL as to 30 Order on Motion for Preliminary Injunction by State of Tennessee. Filing fee $ 605, receipt number ATNEDC-5620130. (Hermandorfer, Whitney) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

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32

[WITHDRAWN PER NOTICE 33 MOTION Injunction Pending Appeal by State of Tennessee. (Hermandorfer, Whitney) Modified on 3/14/2024 (ABF). (Entered: 03/12/2024)

March 12, 2024

March 12, 2024

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33

NOTICE by State of Tennessee re 32 MOTION Injunction Pending Appeal Withdrawal of Motion (Hermandorfer, Whitney) (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

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34

USCA Case Number 24-5220 for 31 Notice of Appeal filed by State of Tennessee. (KMK) (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

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35

ORDER granting 29 Motion for Leave to File Excess Pages. Signed by District Judge Travis R McDonough on 3/18/2024. (CNC) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

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36

Joint MOTION to Vacate 24 Order, Terminate Motions Setting Summary-Judgment Briefing Schedule by State of Tennessee. (Attachments: # 1 Other Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Hermandorfer, Whitney) (Entered: 03/19/2024)

1 Other Proposed Order

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2 Exhibit

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3 Exhibit

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4 Exhibit

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March 19, 2024

March 19, 2024

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37

ORDER granting 36 Joint MOTION to Vacate. This case is hereby STAYED. The parties SHALL provide a joint status report within seven days of the Sixth Circuits decision or on July 22, 2024, whichever is earlier. Signed by District Judge Travis R McDonough on 3/21/2024. (CNC) (Entered: 03/21/2024)

March 21, 2024

March 21, 2024

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38

NOTICE of Appearance by Allyson Scher on behalf of All Defendants (Scher, Allyson) (Entered: 03/27/2024)

March 27, 2024

March 27, 2024

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39

STATUS REPORT JOINT by State of Tennessee. (Meriwether, Trenton) (Entered: 07/22/2024)

July 22, 2024

July 22, 2024

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40

USCA JUDGMENT as to 31 Notice of Appeal filed by State of Tennessee. It is ORDERED that the district courts denial of injunctive relief is AFFIRMED. Mandate to issue. (MKM) (Entered: 08/27/2024)

Aug. 27, 2024

Aug. 27, 2024

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41

STATUS REPORT JOINT by State of Tennessee. (Hermandorfer, Whitney) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

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42

Notice of Attorney Withdrawal Attorney Alexandra Rachel Saslaw terminated. (Saslaw, Alexandra) (Entered: 09/04/2024)

Sept. 4, 2024

Sept. 4, 2024

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43

MOTION to Withdraw as Attorney by State of Tennessee. (Meriwether, Trenton) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

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44

Administrative Notice to Counsel re: 43 MOTION to Withdraw as Attorney : Trenton Meriwether (informational only). (SLM) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

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45

STATUS REPORT JOINT by State of Tennessee. (Hermandorfer, Whitney) (Entered: 10/16/2024)

Oct. 16, 2024

Oct. 16, 2024

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46

USCA JUDGMENT as to 31 Notice of Appeal filed by State of Tennessee. It is ORDERED that the district courts denial of injunctive relief is AFFIRMED. Mandate to issue. (MKM) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

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47

Notice of Attorney Withdrawal Attorney Allyson Scher terminated. (Scher, Allyson) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

48

NOTICE of Appearance by Harrison Gray Kilgore on behalf of State of Tennessee (Kilgore, Harrison) (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

49

STATUS REPORT JOINT by State of Tennessee. (Kilgore, Harrison) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

50

NOTICE of Appearance by Jacob S. Siler on behalf of All Defendants (Siler, Jacob) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

51

MANDATE of USCA as to 31 Notice of Appeal filed by State of Tennessee (ABF) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

52

STATUS REPORT JOINT by State of Tennessee. (Kilgore, Harrison) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

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53

Notice of Attorney Withdrawal Attorney Whitney D. Hermandorfer terminated. (Hermandorfer, Whitney) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

54

LETTER - Petition for Writ of Certiorari Filed - Supreme Court, case number 25-162, (ABF) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

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55

STATUS REPORT JOINT by State of Tennessee. (Attachments: # 1 Exhibit Petition for Certiorari)(Kilgore, Harrison) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

56

Notice of Attorney Withdrawal Attorney Robert Charles Merritt terminated. (Merritt, Robert) (Entered: 11/10/2025)

Nov. 10, 2025

Nov. 10, 2025

Case Details

State / Territory:

Tennessee

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Trump Administration 2.0: Reversing Course on Existing Litigation

Key Dates

Filing Date: Oct. 23, 2023

Case Ongoing: Yes

Case Details

Other Dockets:

Eastern District of Tennessee 3:23-cv-00384

U.S. Court of Appeals for the Sixth Circuit 24-05220

Supreme Court of the United States 25-00162

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket