Supreme Court of Texas Blog

No. 18-1223
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TEXAS BOARD OF CHIROPRACTIC EXAMINERS; PATRICK FORTNER, IN HIS OFFICIAL CAPACITY AS THE BOARD'S EXECUTIVE DIRECTOR; AND TEXAS CHIROPRACTIC ASSOCIATION v. TEXAS MEDICAL ASSOCIATION

Oral argument was held on September 16, 2020. The Court issued an opinion resolving the case on January 29, 2021. File Closed

Opinions

January 29, 2021

Hecht
Guzman
Lehrmann
Boyd
Devine
Blacklock
Busby
Bland

Chief Justice Hecht delivered the opinion of the Court, in which Justice Guzman, Justice Lehrmann, Justice Devine, Justice Blacklock, and Justice Busby joined in full, and in which Justice Boyd and Justice Bland joined except with respect to Part III(D). PDF

Bland
Boyd

Justice Bland delivered an opinion dissenting in part, in which Justice Boyd joined. PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Aff/Pt and Rev & Ren/Pt
COA Docket No.:03-17-00037-CV
Opinion Author:Honorable Cindy Olson Bourland

Trial Court

Trial Court:353rd District Court
County:Travis
Trial Judge:Honorable Rhonda G. Hurley
Trial Docket:D-1-GN-11-000326

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2021-03-05 Mandate issued  
2021-02-26 Amicus Curiae Letter Received  
2021-02-10 Amicus Curiae Letter Received  
2021-02-05 Amicus Curiae Brief received
2021-02-05 Amicus Curiae Letter Received  
2021-01-31 Amicus Curiae Letter Received  
2021-01-29 Court approved judgment sent to attorneys of record Issued
2021-01-29 Opinion issued   Court of Appeals' judgment reversed & judgment rendered
2021-01-29 Opinion issued Issued
2021-01-29 Dissenting opinion issued.   Issued
2021-01-29 Amicus Curiae Letter Received  
  This case was awaiting the Court's decision after oral argument between October 2, 2020 and January 29, 2021.  
2020-10-02 Amicus Curiae Letter Received  
2020-10-01 Amicus Curiae Letter Received  
2020-09-28 Amicus Curiae Letter Received  
2020-09-21 Amicus Curiae Brief received  
2020-09-17 Amicus Curiae Brief received  
2020-09-16 Oral argument  
2020-09-16 Oral argument  
2020-09-15 Electronic communication sent to Party  
2020-09-14 Exhibits in case/cause filed (Respondent)  
2020-09-04 Submission Schedule
2020-08-20 Oral Argument Submission Form from Attorney received  
2020-08-20 Oral Argument Submission Form from Attorney received  
2020-08-17 Amicus Curiae Brief received  
2020-08-14 Letter sent to parties from Supreme Court - See Remarks  
2020-07-07 Call received  
2020-06-26 Oral Argument Submission Form from Attorney received  
2020-06-26 Case set for oral argument   Case set for oral argument
2020-06-26 Case set for oral argument   Case set for oral argument
2020-06-20 Amicus Curiae Letter Received  
  This case was waiting for oral argument between April 3, 2020 and June 20, 2020.  
2020-04-03 Amicus Curiae Letter Received  
2020-03-20 Amicus Curiae Letter Received  
2020-03-13 Petition for Review granted
2020-03-13 Petition for Review granted
2020-03-13 Petition for Review disposed   Filing granted
2020-03-13 Petition for Review disposed   Filing granted
  This case was pending on merits briefs between January 7, 2020 and March 13, 2020.  
2020-01-07 Amicus Curiae Brief received  
  This case was pending on merits briefs between November 12, 2019 and January 7, 2020.  
2019-11-12 Amicus Curiae Brief received  
2019-10-29 Amicus Curiae Brief received  
2019-10-25 Reply Brief  
2019-10-25 Reply Brief  
2019-10-02 Motion for Extension of Time disposed.   Filing granted
2019-10-02 Motion for Extension of Time to File Brief filed  
2019-09-25 Brief on the Merits (Respondent)  
2019-09-03 Motion for Extension of Time disposed.   Filing granted
2019-09-02 Motion for Extension of Time to File Brief filed  
2019-08-21 Brief on the Merits (Petitioner)  
2019-08-21 Brief on the Merits (Petitioner)  
2019-07-16 Pro hac vice motion filed  
2019-07-16 Pro hac vice motion disposed   Filing granted
2019-07-16 Pro hac vice motion disposed   Filing granted
2019-07-16 Pro hac vice motion filed  
2019-07-15 Motion for Extension of Time disposed.   Filing granted
2019-07-15 Motion for Extension of Time to File Brief filed  
2019-07-10 Phone call from Clerk's Office  
2019-06-28 Phone call from Clerk's Office  
2019-06-28 Amicus Curiae Brief received  
2019-06-21 Brief on the Merits Requested  
2019-06-20 Amicus Curiae Letter Received  
2019-06-13 Call received  
2019-06-12 Amicus Curiae Brief received  
  This case was waiting for a decision about briefing or a possible grant between April 10, 2019 and June 12, 2019.  
2019-04-10 Reply to Response to Petition filed  
2019-04-10 Reply to Response to Petition filed  
2019-04-02 Case forwarded to Court
2019-04-02 Case forwarded to Court
2019-03-26 Response to Petition (Respondent)  
2019-03-26 Response to Petition (Respondent)  
2019-02-27 Petition for Review #2  
2019-02-27 Petition for Review (Petitioner)  
  This case was waiting for the parties to file a formal petition between December 28, 2018 and February 27, 2019.  
2018-12-28 Supplement to Clerk's/Reporter's Record
2018-12-28 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-12-28 Court reporter/recorder's record
2018-12-28 Supplement to Clerk's/Reporter's Record
2018-12-28 Supplement to Clerk's/Reporter's Record
2018-12-28 Clerk's Record
2018-12-28 Motion for Extension of Time to File Petition for Review filed  
2018-12-28 Court reporter/recorder's record

Parties

Party Counsel Role
Texas Board of Chiropractic Examiners
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Ari Cuenin
Mr. Jeffrey C. Mateer
Ms. Karen L. Watkins
Mr. Kyle D. Hawkins
Mr. Joe H. Thrash
Petitioner
Texas Medical Association
Mr. David F. Bragg
Mr. Donald P. Wilcox
Respondent
Texas Chiropractic Association
Mr. Matthew C. Wood
Mr. Jason D. Ray
Petitioner
Patrick Fortner, in his Official Capacity as the Board's Executive Director
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Jeffrey C. Mateer
Mr. Ari Cuenin
Mr. Kyle D. Hawkins
Ms. Karen L. Watkins
Mr. Joe H. Thrash
Petitioner

Amici Curiae

Amicus Curiae Counsel
Martin, Clems
Clems Martin
American Medical Association
Ms. Alexandra W. Albright
Amy Warr
American Chiropractic Association
Mr. Daniel W. Daly III
Texas Chiropractic College
Mr. Stacy R. Obenhaus
Ms. Rachel Steely
Parker University
Mr. Sean Carter Urich
Mr. Jack S. Sholkoff
Mr. Collin Brodrick
Federation of Chiropractic Licensing Boards
Mr. Thomas R. Phillips
Ms. Delaney J. McMullan
National Board of Chiropractic Examiners
Mr. Thomas R. Phillips
Ms. Delaney J. McMullan
Synapse: Human Performance Center
Mr. David E. Keltner
Mr. John R. Johnson II
Accident & Injury Pain Centers, Inc.
Mr. P. Michael Jung
Beal, Ron
Mr. Ronald Lynn Beal
...
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