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Advocate Christ Medical Center v. Kennedy

Docket No. Op. Below Argument Opinion Vote Author Term
23-715 D.C. Cir. Nov 5, 2024 Apr 29, 2025 7-2 Barrett OT 2024

Holding: In calculating the Medicare fraction, an individual is “entitled to supplementary security income benefits” when she is eligible to receive an SSI cash payment during the month of her hospitalization.

Judgment: Affirmed, 7-2, in an opinion by Justice Barrett on April 29, 2025. Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
11/01/2023Application (23A407) to extend the time to file a petition for a writ of certiorari from November 30, 2023 to December 29, 2023, submitted to The Chief Justice.
11/08/2023Application (23A407) granted by The Chief Justice extending the time to file until December 29, 2023.
12/29/2023Petition for a writ of certiorari filed. (Response due February 2, 2024)
01/04/2024Letter from counsel for petitioners pursuant to Rule 12.6 filed.
01/18/2024Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk.
01/19/2024Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024.
02/02/2024Brief amici curiae of American Hospital Association, et al. filed.
03/01/2024Motion to extend the time to file a response from March 4, 2024 to April 18, 2024, submitted to The Clerk.
03/04/2024Motion to extend the time to file a response is granted and the time is further extended to and including April 18, 2024.
04/18/2024Brief of respondent Xavier Becerra, Secretary of Health and Human Services in opposition filed.
05/03/2024Reply of petitioners Advocate Christ Medical Center, et al. filed. (Distributed)
05/07/2024DISTRIBUTED for Conference of 5/23/2024.
05/28/2024DISTRIBUTED for Conference of 5/30/2024.
06/03/2024DISTRIBUTED for Conference of 6/6/2024.
06/10/2024Petition GRANTED.
07/05/2024Motion for an extension of time to file the briefs on the merits filed.
07/09/2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 7, 2024. The time to file respondent's brief on the merits is extended to and including September 19, 2024.
07/17/2024Motion to dispense with printing the joint appendix filed by petitioners Advocate Christ Medical Center, et al.
07/26/2024SET FOR ARGUMENT on Tuesday, November 5, 2024.
08/06/2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
08/07/2024Brief of petitioners Advocate Christ Medical Center, et al. filed.
08/08/2024Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
08/08/2024Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
08/14/2024Brief amicus curiae of Empire Health Foundation filed.
08/14/2024Brief amici curiae of Twenty-Six State and Regional Hospital Associations filed.
08/14/2024Brief amici curiae of American Hospital Association, et al. filed.
08/19/2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
09/19/2024Brief of respondent Xavier Becerra, Secretary of Health and Human Services filed.
10/01/2024CIRCULATED
10/21/2024Reply of petitioners Advocate Christ Medical Center, et al. filed. (Distributed)
11/05/2024Argued. For petitioners: Melissa Arbus Sherry, Washington, D. C. For respondent: Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
04/29/2025Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.