Satanic Temple v. TX Hlth and Human Svc

Texas Health and Human Services
Satanic Temple v. TX Hlth and Human Svc
Filing Date	9/08/2022
Original Jurisdiction	US Court of Appeals for the Fifth Circuit
Plaintiff	The Satanic Temple Inc.
Defendant	Texas Health and Human Service Commission; Cecile young
Intervenor	N/A
State	Texas
Case#	0:22-cr-20459
Original Result	Failed motion
First Appeal	Dismissed (failure)
Second Appeal	N/A
Final Result	Dismissed (failure)

The Satanic Temple, Inc. is appealing to the U.S. Fifth Circuit an order denying their motion for a temporary restraining order in The Satanic Temple, Inc. et al v. Hellerstedt et al ("Ann Doe I") from the US District Court for the Southern District of Texas.

Appellate Court Case Summary

The Satanic Temple, which describes itself as a “nontheistic religion whose membership openly defies the authority of God and the Church,” and an anonymous member thereof sued the Texas Health and Human Services Commission (“THHSC”), its Executive Commissioner (currently Cecile Young), and the Planned Parenthood Center for Choice, Inc., seeking injunctive and declaratory relief against several Texas abortion laws.1

Plaintiffs moved for a temporary restraining order (“TRO”) and a preliminary injunction against Young; the district court denied the motion. The Satanic Temple (but not its anonymous member) appealed.

While the appeal was pending, the litigation continued apace in district court. Defendants2 moved to dismiss for lack of jurisdiction3 and for failure to state a claim. The district court granted the motion and dismissed the suit without prejudice but without leave to replead.

Appeal Docket

Satanic Temple v. TX Hlth and Human Svc | Appeal From: U.S. District Court for the Southern District of Texas (Houston)

Date	PDF File	Docket entry
09/08/2022	📄	CIVIL RIGHTS CASE docketed. NOA filed by Appellant Satanic Temple, Incorporated [22-20459] (ABT) [Entered: 09/08/2022 11:33 AM]
09/08/2022	📄	INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9935651-2] Initial AA Check Due satisfied.. Miscellaneous due on 09/19/2022 for Appellant Satanic Temple, Incorporated (Signed NOA) [22-20459] (ABT) [Entered: 09/08/2022 04:26 PM]
09/13/2022	📄	SIGNED NOTICE OF APPEAL FILED filed by Appellant Satanic Temple, Incorporated. [22-20459] (ABT) [Entered: 09/13/2022 07:57 AM]
09/13/2022	📄	LETTER ISSUED. Transcript Order deadline updated to 09/28/2022 for Appellant Satanic Temple, Incorporated [22-20459] (ABT) [Entered: 09/13/2022 08:00 AM]
09/21/2022	📄	ATTORNEY TRANSCRIPT ORDER form filed by Appellant Satanic Temple, Incorporatedfor the Court to process. Date of service: 09/21/2022 via email - Attorney for Appellee: Hilton; Attorney
09/22/2022	N/A	TRANSCRIPT ORDER received from Appellant Satanic Temple, Incorporated. DETAILS: Transcript Order: Court Reporter: Mary Henry, Proceeding Type and Date: Motion Hearing 08/06/2021. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 10/03/2022 for Mary Henry, Court Reporter. Electronic Filing Processed: [9944359-2] [22-20459] (CCR) [Entered: 09/22/2022 11:28 AM]
09/22/2022	📄	APPEARANCE FORM received from Mr. Matt Kezhaya for Satanic Temple, Incorporated for the court's review. Lead Counsel? Yes. [22-20459] (Matt Kezhaya ) [Entered: 09/22/2022 02:54 PM]
09/23/2022	N/A	APPEARANCE FORM FILED by Attorney Matt Kezhaya for Appellant Satanic Temple, Incorporated in 22-20459. [22-20459] (RLL) [Entered: 09/23/2022 12:16 PM]
10/07/2022	📄	COURT REPORTER ACKNOWLEDGMENT received from Rachel Willborg. [22-20459] (Rachel Willborg ) [Entered: 10/07/2022 04:23 PM]
10/11/2022	N/A	ACKNOWLEDGMENT Transcript Order: Court Reporter: Mary Henry, Est. Completion Dt: 10/24/2022, Dt. Fin Arrangements Made: 09/23/2022, Dt. Trans. to be Filed: 10/24/2022, Proceeding Type and Date: Motion Hearing 08/06/2021. Ct. Reporter Acknowledgment ddl satisfied. Transcript Due/Court Reporter Discount Date is 10/24/2022 for Mary Henry, Court Reporter [22-20459] NOTE: Counsel incorrectly noted on the transcript order form that the transcript was already on file in the Clerk's Office. (ABT) [Entered: 10/11/2022 08:06 AM]
10/13/2022	📄	APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-20459] (Ryan Glen Kercher ) [Entered: 10/13/2022 01:50 PM]
10/13/2022	📄	Attorney Ryan G. Kercher is advised to resubmit an appearance form. Reason: Counsel failed to complete the lower portion of the form. [22-20459] (LBM) [Entered: 10/13/2022 03:47 PM]
10/13/2022	📄	APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-20459] (Ryan Glen Kercher ) [Entered: 10/13/2022 05:13 PM]
10/13/2022	📄	APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20459] (Heather Lee Dyer ) [Entered: 10/13/2022 05:19 PM]
10/17/2022	N/A	APPEARANCE FORM FILED by Attorney Ryan Glen Kercher for Appellees Texas Health and Human Service Commission and Cecile Young, in case 22-20459. [22-20459] (DLJ) [Entered: 10/17/2022 10:23 AM]
10/17/2022	N/A	APPEARANCE FORM FILED by Attorney Heather Lee Dyer for Appellees Texas Health and Human Service Commission and Cecile Young, in case 22-20459. [22-20459] (DLJ) [Entered: 10/17/2022 10:27 AM]
10/26/2022	N/A	ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Transcript Due/Court Reporter Discount Date canceled [22-20459] (CMB) [Entered: 10/26/2022 09:39 AM]
10/26/2022	📄	BRIEFING NOTICE ISSUED A/Pet's Brief Due on 12/05/2022 for Appellant Satanic Temple, Incorporated. [22-20459] (CMB) [Entered: 10/26/2022 09:39 AM]
12/05/2022	📄	APPELLANT'S BRIEF FILED A/Pet's Brief deadline satisfied. Appellee's Brief due on 01/04/2023 for Appellees Texas Health and Human Service Commission and Cecile Young [22-20459] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Satanic Temple, Incorporated. Date of service: 12/05/2022 via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya [22-20459] (Matt Kezhaya ) [Entered: 12/05/2022 09:06 PM]
12/05/2022	📄 📄	RECORD EXCERPTS FILED by Appellant Satanic Temple, Incorporated. Record Excerpts NOT Sufficient as they require a corrected table of contents, tabs inserted between each section, and must remove documents that are not part of the record on appeal. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts due on 12/19/2022 for Appellant Satanic Temple, Incorporated [22-20459] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Satanic Temple, Incorporated. Date of service: 12/05/2022 via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya [22-20459] (Matt Kezhaya ) [Entered: 12/05/2022 09:07 PM]
12/19/2022	✉	UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellee Texas Health and Human Service Commission for filing Motion for an Extension of Time to File Appellee's Brief until 02/03/2023 [22-20459] (Ryan Glen Kercher ) [Entered: 12/19/2022 11:00 AM]
12/19/2022	N/A	EXTENSION RECEIVED for Appellees Texas Health and Human Service Commission and Cecile Young. Extension Granted to and including 02/03/2023. E/Res's Brief deadline updated to 02/03/2023, for Appellees Texas Health and Human Service Commission and Cecile Young. [22-20459] (DLJ) [Entered: 12/19/2022 01:19 PM]
12/21/2022	✉	DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the proposed sufficient record excerpts received from Appellant Satanic Temple, Incorporated because the incorrect filing event was used. The document needs to be refiled under Proposed Sufficient Record Excerpts. [22-20459] (CCR) [Entered: 12/21/2022 03:24 PM]
12/21/2022	🔒	PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Satanic Temple, Incorporated in 22-20459 [9996686-2]. Record Excerpts have been deemed insufficient. Corrections required: The Table of Contents list of documents must be numbered, the Tabs must be numbered to correspond to the number assigned to the document in the Table of Contents, and page 47 must be changed from horizontal to vertical. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts deadline updated to 01/10/2023, for Appellant Satanic Temple, Incorporated. [22-20459] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Satanic Temple, Incorporated and Satanic Temple, Incorporated [9996686-2]. Date of service: 12/21/2022, via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya. [22-20459] (Matt Kezhaya ) [Entered: 12/21/2022 05:10 PM]
01/18/2023	📄 📄	COURT ORDER: On December 8, 2022, the clerk provided the Appellant 14 days to correct deficiencies in the record excerpts filed on December 5, 2022. The directed corrections were not made. On December 27, 2022, the clerk provided the Appellant an additional 14 days to correct deficiencies in the record excerpts. The directed corrections were not made. The Appellant is provided 14 additional days to return sufficient record excerpts. If the Appellant fails to correct the deficiencies and return the record excerpts within the provided time, the clerk is directed to strike the record excerpts and dismiss the appeal for failure to prosecute under 5th Cir. R. 42.3 [40]. Sufficient Record Excerpts deadline updated to 02/01/2023, for Appellant Satanic Temple, Incorporated [24]. [22-20459] (DLJ) [Entered: 01/18/2023 09:54 AM]
01/18/2023	🔒	PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Satanic Temple, Incorporated and Satanic Temple, Incorporated [24] Date of service: 01/18/2023 via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya [22-20459] (Matt Kezhaya ) [Entered: 01/18/2023 10:53 AM]
02/03/2023	[📄]	APPELLEES' BRIEF FILED. # of Copies Provided: 0 (PAPER COPIES NOT REQUESTED AT THIS TIME). E/Res's Brief deadline satisfied. Reply Brief due on 02/24/2023, for Appellant Satanic Temple, Incorporated. [22-20459] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S MEMORANDUM BRIEF FILED by Texas Health and Human Service Commission and Cecile Young. Date of service: 02/03/2023, via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya. [22-20459] (Ryan Glen Kercher ) [Entered: 02/03/2023 07:33 PM]