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Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

Bayou Shores SNF, LLC v. Florida Agency for Health Care Administration

Petition for certiorari denied on June 5, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-967 11th Cir. N/A N/A N/A N/A OT 2016

Issues: (1) Whether 42 U.S.C. 405(h), the provision of the Medicare Act that provides that “[n]o action against the United States, the [Secretary of Health and Human Services], or any officer or employee thereof shall be brought under section 1331 or 1346 of Title 28 to recover on any claim [in bankruptcy] arising under this subchapter[,]” bars a district court from exercising jurisdiction over claims arising under the Medicare Act; and (2) whether 42 U.S.C. § 405(h) requires a debtor to exhaust administrative remedies prior to pursuing the relief available to debtors under the Bankruptcy Code.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 6 2016Application (16A558) to extend the time to file a petition for a writ of certiorari from January 1, 2017 to February 2, 2017, submitted to Justice Thomas.
Dec 6 2016Application (16A558) granted by Justice Thomas extending the time to file until February 2, 2017.
Feb 2 2017Petition for a writ of certiorari filed. (Response due March 6, 2017)
Feb 27 2017Order extending time to file response to petition to and including May 5, 2017, for all respondents.
May 5 2017Brief of Federal Respondent in opposition filed.
May 5 2017Brief of respondent Florida Agency for Health Care Administration in opposition filed.
May 15 2017Reply of petitioner Bayou Shores SNF, LLC filed.
May 16 2017DISTRIBUTED for Conference of June 1, 2017.
Jun 5 2017Petition DENIED.
 
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