American Hospital Association v. Becerra

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-1114	D.C. Cir.	Nov 30, 2021	Jun 15, 2022	9-0	Kavanaugh	OT 2021

Holding: The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 does not preclude judicial review of the reimbursement rates set by the Department of Health and Human Services for certain outpatient prescription drugs that hospitals provide to Medicare patients; in this case, because HHS did not conduct a survey of hospitals' acquisition costs in 2018 and 2019, its decision to vary reimbursement rates only for 340B hospitals in those years was unlawful.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kavanaugh on June 15, 2022.

SCOTUSblog Coverage

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Immigration, takings, administrative law and the kitchen sink (John Elwood, June 24, 2021)

Date	Proceedings and Orders (key to color coding)
02/10/2021	Petition for a writ of certiorari filed. (Response due March 15, 2021)
02/23/2021	Brief amici curiae of 36 State and Regional Hospital Associations filed.
03/03/2021	Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
03/04/2021	Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
03/12/2021	Brief amici curiae of Yale New Haven Health System, BJC Health Care, UPMC and Vanderbilt University Medical Center filed.
03/31/2021	Brief amicus curiae of Federation of American Hospitals filed.
04/08/2021	Motion to extend the time to file a response from April 14, 2021 to May 13, 2021, submitted to The Clerk.
04/09/2021	Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2021.
04/13/2021	Brief amicus curiae of Rural Hospital Coalition in support of respondent filed.
05/13/2021	Brief of respondent Xavier Becerra, Sec. of H&HS in opposition filed.
05/28/2021	Reply of petitioners American Hospital Association, et al. filed. (Distributed)
06/01/2021	DISTRIBUTED for Conference of 6/17/2021.
06/21/2021	DISTRIBUTED for Conference of 6/24/2021.
07/01/2021	DISTRIBUTED for Conference of 7/1/2021.
07/02/2021	Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U. S. C. §1395l(t)(12).
07/09/2021	Blanket Consent filed by Petitioner, American Hospital Association, et al.
07/26/2021	Motion for an extension of time to file the briefs on the merits filed.
07/28/2021	Motion 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 September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 20, 2021.
09/03/2021	Brief of petitioners American Hospital Association, et al. filed.
09/03/2021	Joint appendix filed. (Statement of costs filed)
09/08/2021	Brief amicus curiae of Pacific Legal Foundation filed.
09/09/2021	Brief amici curiae of 37 State and Regional Hospital Associations filed.
09/10/2021	Brief amicus curiae of Americans for Prosperity Foundation in support of neither party filed.
09/10/2021	Brief amici curiae of National Association of Home Builders, et al. filed.
09/10/2021	Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
09/10/2021	Brief amici curiae of Yale New Haven Health System, et al. filed.
09/10/2021	Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
09/10/2021	Brief amicus curiae of New Civil Liberties Alliance filed.
09/10/2021	Brief amici curiae of States of Indiana, et al. filed.
09/20/2021	SET FOR ARGUMENT on Tuesday, November 30, 2021.
09/27/2021	Record requested from the U.S.C.A. D.C. Circuit.
10/01/2021	The record received from the U.S.C.A. DC Circuit is electronic and located on Pacer, also received are transcripts that has been electronically filed.
10/20/2021	Brief of respondents Xavier Becerra, Sec. of H&HS, et al. filed.
10/27/2021	Brief amicus curiae of Rural Hospital Coalition filed. (Distributed)
10/27/2021	Brief amicus curiae of Federation of American Hospitals filed. (Distributed)
10/29/2021	CIRCULATED
11/19/2021	Reply of petitioners American Hospital Association, et al. filed. (Distributed)
11/30/2021	Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D. C. For respondents: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/15/2022	Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court.
07/18/2022	JUDGMENT ISSUED