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

Closed Date: Feb. 24, 2026

Clearinghouse coding complete

Case Summary

This case is about the Biden Administration Department of Health and Human Services (HHS) cancellation of Title X grant funding for the State of Tennessee, after the State refused to implement programs requiring referring women for abortions that were 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. On October 24, 2023, the State of Tennessee f…

On October 24, 2023, the State of Tennessee filed this lawsuit against the U.S. Department of Health and Human Services in the United States District Court for the Eastern District of Tennessee. In its complaint, the plaintiff alleges that HHS terminated millions in Title X family planning grants in Tennessee following the State’s refusal to mandate abortion referrals upon a patient’s request. Tennessee argued that the requirement conflicted with the State’s restrictive abortion laws and federal statutory limits. The plaintiff argued that the federal referral mandate is an unlawful administrative "flip-flop" that violates the Administrative Procedure Act and the Spending Clause of the Constitution. The plaintiff’s complaint highlighted the state’s fifty-year history as a top-performing grant recipient and noted that the disputed funds were recently reallocated to Planned Parenthood. Consequently, Tennessee sought preliminary and permanent injunctive and declaratory relief to prevent the defendants from enforcing or implementing the funding cancellation.

This case was assigned to District Judge Travis R McDonough.

On December 1, 2023, the plaintiff filed a motion for a preliminary injunction, which requested that the court enjoin the defendants from withholding Title X funds.

The district court denied the motion for a preliminary injunction on March 11, 2024. It found that Tennessee voluntarily accepted the grant conditions and cannot force the federal government to provide funding while simultaneously disregarding its regulatory obligations. Consequently, the court determined that Tennessee failed to show a likelihood of success on the merits or significant irreparable harm. 2024 WL 1053247.

On March 11, 2024, Tennessee appealed the district court’s denial of preliminary relief to the U.S. Court of Appeals for the Sixth Circuit. On March 21, 2024, the district court stayed its proceedings pending an order from the appellate court.

The Sixth Circuit affirmed the district court’s decision on appeal August 26, 2024 following briefing and oral arguments. The court found that HHS did not overstep its authority because Congress explicitly granted the Secretary the power to set appropriate conditions for Title X grants. Furthermore, Tennessee voluntarily and knowingly accepted these conditions when it agreed to the grant in March 2022, months after the 2021 Rule had gone into effect. The court additionally found that the funding termination did not violate the APA and was consistent with statutory authority. Exercising independent judgment following the Supreme Court's decision in Loper Bright, the court determined that the 2021 Rule is consistent with Section 1008, which prohibits Title X funds from being used in programs where abortion is a "method of family planning". The court reasoned that providing factual information and referrals is purely informational and does not elevate abortion to a "method" of the program. Finally, the court found that Tennessee failed to demonstrate a high degree of irreparable harm, noting that the Tennessee legislature had already provided recurring replacement funding for the state’s Title X project, making the threat to the program's viability speculative. Judge Kethledge dissented in part, 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. He argued that the abortion-referral requirement violates Section 1008 because it systematically facilitates abortion, effectively making it a "method" of family planning within the program. 2024 WL 3934560.

Once the second Trump Administration began, HHS reversed the underlying abortion referral requirement. The state and federal government together then sought vacatur of the Sixth Circuit opinion, and filed a petition for writ of certiorari with the Supreme Court.

The Supreme Court granted the writ of certiorari on January 20, 2026, vacated the Sixth Circuit’s judgment, and remanded to the Sixth Circuit with instructions to dismiss the case as moot.

On February 24, 2026, the Sixth Circuit sent notice to the district court that this case is dismissed as moot per the Supreme Court’s order.

Summary Authors

Sofia Yoder (3/5/2026)

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.

Judge(s)

McDonough, Travis Randall (Tennessee)

Attorney for Plaintiff

Dykstra, Matthew P (Tennessee)

Fiorile, Joseph

Hammersley, Philip W.

Hermandorfer, Whitney D. (Tennessee)

Kilgore, Harrison Gray (Tennessee)

Meriwether, Trenton (Tennessee)

Rice, James Matthew

Smith, Reed Neal

Attorney for Defendant

Clendenen, Michael Patrick (Tennessee)

Dixon, Courtney L.

Merritt, Robert Charles (Tennessee)

Saslaw, Alexandra Rachel (Tennessee)

Scher, Allyson R. (Tennessee)

Siler, Jacob S. (Tennessee)

Springer, Brian James

Other

Conde, James R.

Gaiser, Thomas Elliot

Gorod, Brianne Jenna

Kniffin, Eric Nieuwenhuis

Matheny, Justin Lee

Schandevel, Christopher Paul

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

25-00162	U.S. Supreme Court Docket (25-162) State of Tennessee v. Robert F. Kennedy Jr., et al. Supreme Court of the United States		None Docket
1 3:23-cv-00384	Complaint for Injunctive and Declaratory Relief Tennessee v. Becerra	Oct. 24, 2023	Oct. 24, 2023 Complaint
30 3:23-cv-00384	Memorandum Opinion State of Tennessee v. United States Department of Health and Human Services	March 11, 2024	March 11, 2024 Order/Opinion 720 F.Supp.3d 564
49-2 24-05220	Opinion U.S. Court of Appeals for the Sixth Circuit	Aug. 26, 2024	Aug. 26, 2024 Order/Opinion 117 F.4th 348
74-2 24-05220	Amended Opinion Dissenting in Part/ Concurring in the Judgment in Part Tennessee v. Becerra U.S. Court of Appeals for the Sixth Circuit	March 10, 2025	March 10, 2025 Order/Opinion 131 F.4th 350
25-00162	Petition for Writ of Certiorari State of Tennessee v. Kennedy, Jr. Supreme Court of the United States	Aug. 7, 2025	Aug. 7, 2025 Pleading / Motion / Brief
25-00162	Order List: 607 U.S. Supreme Court of the United States	Jan. 20, 2026	Jan. 20, 2026 Other

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Docket

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

Last updated Sept. 8, 2026, 3:26 a.m.

Docket for: State of Tennessee v. Becerra

ECF Number	Date	Description	Link
1	Oct. 24, 2023	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 View on RECAP 2 Exhibit Oct. 19_2022 OPA Email View on RECAP 3 Exhibit Feb. 13 TDoH Ltr. to OPA View on RECAP 4 Exhibit Goodwin Declaration w Exhibits View on RECAP 5 Exhibit Amosun Declaration w Exhibits View on RECAP 6 Exhibit Dobbs FAQ View on RECAP 7 Exhibit Mar. 2022 NOA View on RECAP 8 Exhibit Jan. 25 OPA Ltr. to TDoH View on RECAP 9 Exhibit Mar. 1 OPA Ltr. to Tenn. Dep't of Health View on RECAP 10 Exhibit Mar. 13 Tenn. Dep't of Health Ltr. View on RECAP 11 Exhibit Mar. 20 OPA Ltr. to Tenn. Dep't of Health View on RECAP 12 Exhibit Mar. 2023 NOA (1) View on RECAP 13 Exhibit OPA Jx. Resp. View on RECAP 14 Exhibit Apr. 4_2023 OPA Email View on RECAP 15 Exhibit DAB Jx. Request View on RECAP 16 Exhibit Tenn. Jx. Resp. View on RECAP 17 Exhibit OPA May 30 Email View on RECAP 18 Exhibit Oliver Declaration with Attachment View on RECAP 19 Other Civil Cover Sheet View on RECAP 20 Summons Becerra Summons View on RECAP 21 Summons Marcella Summons View on RECAP 22 Summons OPA Summons to Garland View on RECAP 23 Summons OPA Summons to Hamilton View on RECAP 24 Summons HHS Summons to Garland View on RECAP 25 Summons HHS Summons to Hamilton View on RECAP	Clearinghouse
2	Oct. 24, 2023	MOTION for Leave to Appear Pro Hac Vice Matthew Dykstra by State of Tennessee. (Meriwether, Trenton) (Entered: 10/24/2023)	RECAP
3	Oct. 24, 2023	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)	RECAP
4	Oct. 24, 2023	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 View on RECAP 2 Other summons View on RECAP 3 Other summons View on RECAP 4 Other summons View on RECAP 5 Other summons View on RECAP	RECAP
5	Oct. 24, 2023	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)	RECAP
6	Oct. 24, 2023	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)	RECAP
7	Oct. 24, 2023	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)	RECAP
	Oct. 24, 2023	Add and Terminate Judges
	Oct. 24, 2023	Clerk's Verification of PHV Requirements
	Oct. 24, 2023	District Judge Travis R McDonough and Magistrate Judge Jill E McCook added. (KMK)
	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)
8	Oct. 25, 2023	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)	RECAP
9	Oct. 25, 2023	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)	RECAP
	Oct. 25, 2023	Order on Motion for Leave to Appear Pro Hac Vice
	Oct. 31, 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	Clerk's Verification of PHV Requirements
10	Nov. 2, 2023	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)	RECAP
	Nov. 2, 2023	Order on Motion for Leave to Appear Pro Hac Vice
11	Nov. 3, 2023	SUPPLEMENT to 1 Complaint,,,, Summons to U.S. Department of Health & Human Services by State of Tennessee. (Meriwether, Trenton) (Entered: 11/03/2023)	RECAP
12	Nov. 3, 2023	SUPPLEMENT to 1 Complaint,,,, Summons to U.S. Office of Population Affairs by State of Tennessee. (Meriwether, Trenton) (Entered: 11/03/2023)	RECAP
13	Nov. 3, 2023	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 View on RECAP	RECAP
14	Nov. 6, 2023	NOTICE by State of Tennessee Proof of Service to United States Attorney Hamilton (Meriwether, Trenton) (Entered: 11/06/2023)	RECAP
15	Nov. 15, 2023	NOTICE of Appearance by Robert Charles Merritt on behalf of All Defendants (Merritt, Robert) (Entered: 11/15/2023)	RECAP
16	Nov. 15, 2023	MOTION for Order Setting Briefing Schedule by State of Tennessee. (Meriwether, Trenton) (Entered: 11/15/2023)	RECAP
17	Nov. 20, 2023	BRIEFING ORDER. Signed by District Judge Travis R McDonough on 11/20/2023. (CNC) (Entered: 11/20/2023)	RECAP
18	Nov. 22, 2023	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)	RECAP
19	Dec. 1, 2023	SUMMONS Returned Executed by State of Tennessee. Xavier Becerra served on 11/6/2023. (Meriwether, Trenton) (Entered: 12/01/2023)	RECAP
20	Dec. 1, 2023	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 View on RECAP	RECAP
21	Dec. 1, 2023	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 View on RECAP	RECAP
22	Dec. 18, 2023	MOTION for Order Regarding Briefing Schedule by State of Tennessee. (Meriwether, Trenton) (Entered: 12/18/2023)	RECAP
23	Dec. 27, 2023	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)	RECAP
24	Jan. 5, 2024	BRIEFING ORDER. Signed by District Judge Travis R McDonough on 1/5/2024. (CNC) (Entered: 01/05/2024)	RECAP
25	Jan. 16, 2024	NOTICE of Appearance by Alexandra Rachel Saslaw on behalf of All Defendants (Saslaw, Alexandra) (Entered: 01/16/2024)	RECAP
26	Jan. 16, 2024	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)	RECAP
27	Jan. 23, 2024	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)	RECAP
28	Feb. 1, 2024	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 View on RECAP 2 Administrative Record View on RECAP 3 Certification View on RECAP	RECAP
29	March 11, 2024	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 View on RECAP	RECAP
30	March 11, 2024	MEMORANDUM OPINION denying 20 Motion for Preliminary Injunction. Signed by District Judge Travis R McDonough on 3/11/2024. (CNC) (Entered: 03/11/2024)	Clearinghouse
31	March 11, 2024	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)	RECAP
32	March 12, 2024	[WITHDRAWN PER NOTICE 33 MOTION Injunction Pending Appeal by State of Tennessee. (Hermandorfer, Whitney) Modified on 3/14/2024 (ABF). (Entered: 03/12/2024)	RECAP
33	March 14, 2024	NOTICE by State of Tennessee re 32 MOTION Injunction Pending Appeal Withdrawal of Motion (Hermandorfer, Whitney) (Entered: 03/14/2024)	RECAP
34	March 15, 2024	USCA Case Number 24-5220 for 31 Notice of Appeal filed by State of Tennessee. (KMK) (Entered: 03/15/2024)	RECAP
35	March 18, 2024	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)	RECAP
36	March 19, 2024	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 View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP	RECAP
37	March 21, 2024	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)	RECAP
38	March 27, 2024	NOTICE of Appearance by Allyson Scher on behalf of All Defendants (Scher, Allyson) (Entered: 03/27/2024)	RECAP
39	July 22, 2024	STATUS REPORT JOINT by State of Tennessee. (Meriwether, Trenton) (Entered: 07/22/2024)	RECAP
40	Aug. 27, 2024	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)	RECAP
41	Aug. 30, 2024	STATUS REPORT JOINT by State of Tennessee. (Hermandorfer, Whitney) (Entered: 08/30/2024)	RECAP
42	Sept. 4, 2024	Notice of Attorney Withdrawal Attorney Alexandra Rachel Saslaw terminated. (Saslaw, Alexandra) (Entered: 09/04/2024)	RECAP
43	Sept. 6, 2024	MOTION to Withdraw as Attorney by State of Tennessee. (Meriwether, Trenton) (Entered: 09/06/2024)	RECAP
44	Sept. 9, 2024	Administrative Notice to Counsel re: 43 MOTION to Withdraw as Attorney : Trenton Meriwether (informational only). (SLM) (Entered: 09/09/2024)	RECAP
45	Oct. 16, 2024	STATUS REPORT JOINT by State of Tennessee. (Hermandorfer, Whitney) (Entered: 10/16/2024)	RECAP
46	March 11, 2025	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)	RECAP
47	April 2, 2025	Notice of Attorney Withdrawal Attorney Allyson Scher terminated. (Scher, Allyson) (Entered: 04/02/2025)	RECAP
48	May 9, 2025	NOTICE of Appearance by Harrison Gray Kilgore on behalf of State of Tennessee (Kilgore, Harrison) (Entered: 05/09/2025)	RECAP
49	May 13, 2025	STATUS REPORT JOINT by State of Tennessee. (Kilgore, Harrison) (Entered: 05/13/2025)	RECAP
50	May 15, 2025	NOTICE of Appearance by Jacob S. Siler on behalf of All Defendants (Siler, Jacob) (Entered: 05/15/2025)	RECAP
51	May 19, 2025	MANDATE of USCA as to 31 Notice of Appeal filed by State of Tennessee (ABF) (Entered: 05/19/2025)	RECAP
52	June 27, 2025	STATUS REPORT JOINT by State of Tennessee. (Kilgore, Harrison) (Entered: 06/27/2025)	RECAP
53	July 15, 2025	Notice of Attorney Withdrawal Attorney Whitney D. Hermandorfer terminated. (Hermandorfer, Whitney) (Entered: 07/15/2025)	RECAP
54	Aug. 13, 2025	LETTER - Petition for Writ of Certiorari Filed - Supreme Court, case number 25-162, (ABF) (Entered: 08/13/2025)	RECAP
55	Aug. 14, 2025	STATUS REPORT JOINT by State of Tennessee. (Attachments: # 1 Exhibit Petition for Certiorari)(Kilgore, Harrison) (Entered: 08/14/2025)	RECAP
56	Nov. 10, 2025	Notice of Attorney Withdrawal Attorney Robert Charles Merritt terminated. (Merritt, Robert) (Entered: 11/10/2025)	RECAP
57	Jan. 21, 2026	WRIT OF CERTIORARI Issued by US Supreme Court, case number 25-162, re 31 Notice of Appeal. (ABF) (Entered: 01/21/2026)	RECAP
58	Jan. 27, 2026	STATUS REPORT JOINT by State of Tennessee. (Kilgore, Harrison) (Entered: 01/27/2026)	RECAP
59	Feb. 24, 2026	Informational Copy from Supreme Court of the United States re 31 Notice of Appeal : It is ORDERED and ADJUDGED by this Court that the Petition for Writ of Certiorari is GRANTED. The Judgment in this cause is vacated, and the case is remanded to the United States Court of Appeals for the Sixth Circuit with instructions to dismiss the case as moot. (ABF) (Entered: 02/24/2026)	RECAP
60	Feb. 24, 2026	ORDER of USCA as to 31 Notice of Appeal filed by State of Tennessee: In light of the Supreme Courts order of January 20, 2026, the judgment issued in this case on March 10, 2025 is VACATED, and the case is DISMISSED AS MOOT. (ABF) (Entered: 02/24/2026)	RECAP
61	Feb. 27, 2026	Notice of Attorney Withdrawal Attorney Harrison Gray Kilgore terminated. (Kilgore, Harrison) (Entered: 02/27/2026)	RECAP
62	April 22, 2026	USCA Mandate	RECAP
63	April 22, 2026	Notice of Voluntary Dismissal	RECAP

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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

Reproductive Rights

Key Dates

Filing Date: Oct. 23, 2023

Closing Date: Feb. 24, 2026

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The State of Tennessee

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

The U.S. Department of Health and Human Services

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Commerce Power

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 25-162

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Funding

Government services

Affected Sex/Gender(s):

Female

Reproductive rights:

Abortion

Funding

Recommended Citation

Case Summary of State of Tennessee v. Becerra, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47725/ (last updated 3/5/2026).