Ruan v. U.S., No. 20-1410 [Arg: 03.1.2022]
Whether a physician alleged to have prescribed controlled substances outside the usual course of professional practice may be convicted of unlawful distribution under 21 U.S.C. § 841(a)(1) without regard to whether, in good faith, he “reasonably believed” or “subjectively intended” that his prescriptions fall within that course of professional practice.
QUESTION PRESENTED:
Whether a physician alleged to have prescribed controlled substances outside the usual course of professional practice may be convicted of unlawful distribution under 21 U.S.C. § 841(a)(1) without regard to whether, in good faith, he “reasonably believed” or “subjectively intended” that his prescriptions fall within that course of professional practice.
Date Proceedings and Orders (key to color coding)
Apr 05 2021 | Petition for a writ of certiorari filed. (Response due May 7, 2021)
Apr 27 2021 | Motion to extend the time to file a response from May 7, 2021 to June 7, 2021, submitted to The Clerk.
Apr 28 2021 | Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2021.
May 07 2021 | Brief amici curiae of Professors of Health Law and Policy filed.
May 27 2021 | Motion to extend the time to file a response from June 7, 2021 to July 7, 2021, submitted to The Clerk.
May 28 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including July 7, 2021.
Jul 07 2021 | Brief of respondent United States of America in opposition filed. VIDED.
Jul 20 2021 | Reply of petitioner Xiulu Ruan filed. (Distributed)
Jul 21 2021 | DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021 | DISTRIBUTED for Conference of 11/5/2021.
Nov 05 2021 | Petition GRANTED. The petition for a writ of certiorari in No. 21-5261 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
Nov 05 2021 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1410. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1410. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Dec 08 2021 | Blanket Consent filed by Petitioner, Xiulu Ruan
Dec 17 2021 | ARGUMENT SET FOR Tuesday, March 1, 2022. VIDED.
Dec 17 2021 | Brief amicus curiae of Pacific Legal Foundation filed.
Dec 20 2021 | Brief of petitioner Xiulu Ruan filed (in 20-1410).
Dec 20 2021 | Joint appendix filed (in 20-1410). (Statement of costs filed)
Dec 20 2021 | Joint appendix filed (in 21-5261). (Statement of costs filed)
Dec 20 2021 | Brief of petitioner Shakeel Kahn filed (in 21-5261).
Dec 21 2021 | Record requested from the U.S.C.A. 11th Circuit.
Dec 21 2021 | Brief amicus curiae of Compassion & Choices filed (also in 21-5261). VIDED.
Dec 23 2021 | Brief amici curiae of Professors of Health Law and Policy filed.
Dec 27 2021 | Brief amicus curiae of Due Process Institute filed.
Dec 27 2021 | Brief amicus curiae of Cato Institute filed.
Dec 27 2021 | Brief amici curiae of Association of American Physicians and Surgeons and Jeffrey A. Singer, M.D. filed.
Dec 27 2021 | Brief amicus curiae of National Pain Advocacy Center filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amicus curiae of National Association of Chain Drug Stores in support of neither party filed (also in 21-5261) VIDED.
Dec 27 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amicus curiae of Anmol Singh Kamra filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amici curiae of Stephen J. Ziegler, et al. filed.
Dec 28 2021 | Amicus brief of Physicians Against Abuse submitted.
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Whether a physician alleged to have prescribed controlled substances outside the usual course of professional practice may be convicted of unlawful distribution under 21 U.S.C. § 841(a)(1) without regard to whether, in good faith, he “reasonably believed” or “subjectively intended” that his prescriptions fall within that course of professional practice.
Date Proceedings and Orders (key to color coding)
Apr 05 2021 | Petition for a writ of certiorari filed. (Response due May 7, 2021)
Apr 27 2021 | Motion to extend the time to file a response from May 7, 2021 to June 7, 2021, submitted to The Clerk.
Apr 28 2021 | Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2021.
May 07 2021 | Brief amici curiae of Professors of Health Law and Policy filed.
May 27 2021 | Motion to extend the time to file a response from June 7, 2021 to July 7, 2021, submitted to The Clerk.
May 28 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including July 7, 2021.
Jul 07 2021 | Brief of respondent United States of America in opposition filed. VIDED.
Jul 20 2021 | Reply of petitioner Xiulu Ruan filed. (Distributed)
Jul 21 2021 | DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021 | DISTRIBUTED for Conference of 11/5/2021.
Nov 05 2021 | Petition GRANTED. The petition for a writ of certiorari in No. 21-5261 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
Nov 05 2021 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1410. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1410. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Dec 08 2021 | Blanket Consent filed by Petitioner, Xiulu Ruan
Dec 17 2021 | ARGUMENT SET FOR Tuesday, March 1, 2022. VIDED.
Dec 17 2021 | Brief amicus curiae of Pacific Legal Foundation filed.
Dec 20 2021 | Brief of petitioner Xiulu Ruan filed (in 20-1410).
Dec 20 2021 | Joint appendix filed (in 20-1410). (Statement of costs filed)
Dec 20 2021 | Joint appendix filed (in 21-5261). (Statement of costs filed)
Dec 20 2021 | Brief of petitioner Shakeel Kahn filed (in 21-5261).
Dec 21 2021 | Record requested from the U.S.C.A. 11th Circuit.
Dec 21 2021 | Brief amicus curiae of Compassion & Choices filed (also in 21-5261). VIDED.
Dec 23 2021 | Brief amici curiae of Professors of Health Law and Policy filed.
Dec 27 2021 | Brief amicus curiae of Due Process Institute filed.
Dec 27 2021 | Brief amicus curiae of Cato Institute filed.
Dec 27 2021 | Brief amici curiae of Association of American Physicians and Surgeons and Jeffrey A. Singer, M.D. filed.
Dec 27 2021 | Brief amicus curiae of National Pain Advocacy Center filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amicus curiae of National Association of Chain Drug Stores in support of neither party filed (also in 21-5261) VIDED.
Dec 27 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amicus curiae of Anmol Singh Kamra filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amici curiae of Stephen J. Ziegler, et al. filed.
Dec 28 2021 | Amicus brief of Physicians Against Abuse submitted.