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Chris “Subscribe to Law Dork!” Geidner Profile picture
@chrisgeidner
Apr 14 • 12 tweets • 6 min read Twitter logo Read on Twitter
BREAKING: Danco Laboratories files an emergency motion at #SCOTUS for a full stay of Kacsmaryk's ruling in the Texas mifepristone case pending appeal. documentcloud.org/documents/2377… Image
Sorry, here's alt text. Leaving the Fifth Circuit’s...
DOJ has said that it will be filing at #SCOTUS as well. We are still awaiting that filing.
Subscribe to Law Dork now for continued coverage of this and other legal news happening at #SCOTUS and across the country. lawdork.com
Danco says that if #SCOTUS isn't willing to issue a full stay while the 5th Circuit considers the appeal, it should skip the 5th Circuit and SCOTUS should take up the case on the merits now and expedite it so there's a final decision this term.
BREAKING: DOJ asks #SCOTUS to immediately halt Kacsmaryk's mifepristone order from going into effect at midnight, to halt his ruling from going into effect during appeals. documentcloud.org/documents/2377… Image
DOJ: "This Court should put a stop to that untenable situation by staying the district court’s order in full." The abrupt shift in the reg...This Court should put a sto...
The docket numbers are:
- Danco: 22A901
- DOJ: 22A902
Here's my Law Dork report on today's move to #SCOTUS: lawdork.com/p/doj-scotus-m…
Generic mifepristone maker GenBioPro, in a @johnpelwood-led brief, urges a full stay by #SCOTUS because the Fifth Circuit ruling would purportedly halt their generic drug’s approval even though they weren’t a party: supremecourt.gov/DocketPDF/22/2… GenBioPro is the only suppl...
Several Dem AG states, led by New York, also weigh in urging a full stay. supremecourt.gov/DocketPDF/22/2… Image
SCOTUS order thread:

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More from @chrisgeidner

Chris “Subscribe to Law Dork!” Geidner Profile picture
Apr 14
BREAKING: Alito issues administrative stays halting Kacsmaryk’s mifepristone order from going into effect at all tonight.

His administrative stay is in effect through April 19. A response to DOJ/Danco’s applications are due by noon Tuesday.

Background: lawdork.com/p/doj-scotus-m… ImageImage
Supreme Court Justice Samuel Alito, as the circuit justice for the Fifth Circuit, issued the administrative stay. This means that Kacsmaryk’s order will remain on hold through 11:59p April 19.

Expect further SCOTUS action, likely a ruling from the full court, before then.
This is not — and should not be seen as — a ruling on either the merits of the case or even DOJ and Danco’s requests for a stay pending appeal.

This is an administrative stay, as Alito writes, and he very well could rule differently on the stay request (or the merits).
Read 5 tweets
Chris “Subscribe to Law Dork!” Geidner Profile picture
Apr 14
Of course this clown car of a week includes an unusual (but long-scheduled) Friday #SCOTUS sitting, along with the possibility of one or more opinions in argued cases starting at 10a ET.
This is important because, opinions, but also because it means the justices — Chief Justice Roberts, Justice Thomas, and their colleagues — could be on the bench in the morning, in the wake of a growing scandal surrounding the relationship between Thomas and Harlan Crow.
And, regarding #SCOTUS, we're still awaiting at least a DOJ filing in the Texas mifepristone case. The Washington clarification ruling and the expedited schedule at the Fifth Circuit could have slowed things down, but there should be something at SCOTUS soon, I'd think.
Read 4 tweets
Chris “Subscribe to Law Dork!” Geidner Profile picture
Apr 13
BREAKING: Judge Rice in Washington says that his injunction — requiring continued availability of mifepristone under the January 2023 REMS (allowing mailed prescriptions) in the 17 plaintiffs states + DC in the lawsuit — applies “irrespective” of the Tex/5th Cir ruling. Defendants’ Motion for Clar...
Here’s the order: storage.courtlistener.com/recap/gov.usco…
B/c Kacsmaryk’s order wasn’t in effect when Rice ruled, Rice rules today, he had jurisdiction and the parties have to follow his order. Defendants seek clarificati...
Read 6 tweets
Chris “Subscribe to Law Dork!” Geidner Profile picture
Apr 13
NEW: DOJ files a request for partial stay of the ACA preventative care ruling pending appeal. The court there tossed out the preventative care coverage requirements, for the plaintiffs and nationwide. DOJ asks for a stay only as to the nationwide effect. storage.courtlistener.com/recap/gov.usco… Defendants respectfully req...
This is the Reed O’Connor case and the decision on the PrEP, cancer screenings, and other coverage requirements that I covered here: lawdork.com/p/judge-reed-o…
Update: Plaintiffs' response in the ACA preventative care case on DOJ's motion for a partial stay pending appeal is due Monday (Apr. 17), with a reply due Tuesday (Apr. 18). DOJ had requested a ruling by Apr. 20, a week from today. storage.courtlistener.com/recap/gov.usco… Before the Court is Defend...
Read 5 tweets
Chris “Subscribe to Law Dork!” Geidner Profile picture
Apr 13
BREAKING: The Fifth Circuit stays Kacsmaryk's order ONLY as to the 2000 approval of mifepristone, not as to the 2016 REMS changes or subsequent changes, including the 2023 ending of the in-person dispensing requirement. storage.courtlistener.com/recap/gov.usco… Before Haynes,∗ Engelhardt,...
To start, although styled as per curiam, this is from Judges Engelhardt (Trump) and Oldham (Trump).

Judge Haynes (George W. Bush) would have granted an administrative stay, and deferred to the argument panel. ∗ Judge Haynes concurs only...
Before I continue: Subscribe to @lawdorknews for my latest on this case and all things SCOTUS and the law —> lawdork.com
Read 8 tweets
Chris “Subscribe to Law Dork!” Geidner Profile picture
Apr 12
JUST IN: DOJ has filed its reply in support of a stay pending appeal of the Kacsmaryk mifepristone order: storage.courtlistener.com/recap/gov.usco… Image
And, Danco has filed its reply: storage.courtlistener.com/recap/gov.usco… Image
At this point, the briefing is completed. I'm going to review the filings and post, but we could, in theory, get an order from the 5th Circuit at any time here. Also, recall that DOJ asked for a ruling by noon Thursday so that they can go to SCOTUS if needed.
Read 4 tweets

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