|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-1114||D.C. Cir.||TBD||TBD||TBD||TBD||OT 2021|
Issues: (1) Whether deference under Chevron U.S.A. v. Natural Resources Defense Council permits the Department of Health and Human Services to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collected adequate hospital acquisition cost survey data; and (2) whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U.S.C. § 1395l(t)(12).
|Date||Proceedings and Orders |
|Feb 10 2021||Petition for a writ of certiorari filed. (Response due March 15, 2021)|
|Feb 23 2021||Brief amici curiae of 36 State and Regional Hospital Associations filed.|
|Mar 03 2021||Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.|
|Mar 04 2021||Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.|
|Mar 12 2021||Brief amici curiae of Yale New Haven Health System, BJC Health Care, UPMC and Vanderbilt University Medical Center filed.|
|Mar 31 2021||Brief amicus curiae of Federation of American Hospitals filed.|
|Apr 08 2021||Motion to extend the time to file a response from April 14, 2021 to May 13, 2021, submitted to The Clerk.|
|Apr 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.|
|Apr 13 2021||Brief amicus curiae of Rural Hospital Coalition in support of respondent filed.|
|May 13 2021||Brief of respondent Xavier Becerra, Sec. of H&HS in opposition filed.|
|May 28 2021||Reply of petitioners American Hospital Association, et al. filed. (Distributed)|
|Jun 01 2021||DISTRIBUTED for Conference of 6/17/2021.|
|Jun 21 2021||DISTRIBUTED for Conference of 6/24/2021.|
|Jul 01 2021||DISTRIBUTED for Conference of 7/1/2021.|
|Jul 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).|
|Jul 09 2021||Blanket Consent filed by Petitioner, American Hospital Association, et al.|
|Jul 26 2021||Motion for an extension of time to file the briefs on the merits filed.|
|Jul 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.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
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