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Azar v. Allina Health Services

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1484	D.C. Cir.	Jan 15, 2019 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether 42 U.S.C. § 1395hh(a)(2) or § 1395hh(a)(4) required the Department of Health and Human Services to conduct notice-and-comment rulemaking before providing the challenged instructions to a Medicare administrative contractor making initial determinations of payments due under Medicare.

SCOTUSblog Coverage

Argument analysis: Justices grapple with notice-and-comment rulemaking for Medicare and beyond (Abbe R. Gluck and Anne Joseph O’Connell)
Argument preview: Requiring notice and comment under the Medicare statute (Abbe R. Gluck and Anne Joseph O’Connell)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Feb 16 2018	Application (17A880) to extend the time to file a petition for a writ of certiorari from February 27, 2018 to March 29, 2018, submitted to The Chief Justice.
Feb 21 2018	Application (17A880) granted by The Chief Justice extending the time to file until March 29, 2018.
Mar 19 2018	Application (17A880) to extend further the time to file a petition for a writ of certiorari from March 29, 2018 to April 27, 2018, submitted to The Chief Justice.
Mar 22 2018	Application (17A880) granted by The Chief Justice extending the time to file until April 27, 2018.
Apr 27 2018	Petition for a writ of certiorari filed. (Response due May 30, 2018)
May 23 2018	Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk.
May 24 2018	Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2018.
Jun 19 2018	Brief of respondents Allina Health Services, et al. in opposition filed.
Jul 03 2018	DISTRIBUTED for Conference of 9/24/2018.
Jul 05 2018	Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
Sep 27 2018	Petition GRANTED limited to the following question: Whether 42 U. S. C. §1395hh(a)(2) or §1395hh(a)(4) required the Department of Health and Human Services to conduct notice-and-comment rulemaking before providing the challenged instructions to a Medicare Administrator Contractor making initial determinations of payments due under Medicare.
Oct 19 2018	Justice Kavanaugh is recused in this case.
Nov 13 2018	Joint appendix filed.
Nov 13 2018	Brief of petitioner Alex M. Azar II, Secretary of Health and Human Services filed.
Nov 28 2018	SET FOR ARGUMENT ON Tuesday, January 15, 2019
Nov 30 2018	CIRCULATED
Dec 11 2018	Record requested from the U.S.C.A. District of Columbia Circuit.
Dec 13 2018	Brief of respondents Allina Health Services, et al. filed. (Distributed)
Dec 14 2018	Record received from the U.S.C.A. Dist. of Columbia Circuit is electronic and located on PACER, with the exception of the transcript of the Oral Argument which is electronic.
Dec 20 2018	Brief amici curiae of American Medical Association and Medical Society of the District of Columbia filed. (Distributed)
Dec 20 2018	Brief amici curiae of American Hospital Association, et al. filed. (Distributed)
Dec 20 2018	Brief amici curiae of 77 Hospitals and Southwest Consulting Associates filed. (Distributed)
Dec 20 2018	Brief amici curiae of Catholic Health, et al. filed. (Distributed)
Dec 20 2018	Brief amici curiae of Fourteen State and Regional Hospital Associations filed. (Distributed)
Jan 08 2019	Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
Jan 15 2019	Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Pratik A. Shah, Washington, D. C.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
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Azar v. Allina Health Services

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Featured Posts

Argument analysis: Court leaning toward requiring the government to prove that a felon in possession knew he was a felon – Evan Lee

A “view” from the courtroom: Counting to five – Mark Walsh

Argument analysis: Divided court seems ready to uphold citizenship question on 2020 census – Amy Howe

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