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Azar v. Allina Health Services

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Docket No. Op. Below Argument Opinion Vote Author Term
17-1484 D.C. Cir. Jan 15, 2019 Jun 2, 2019 7-1 Gorsuch OT 2018

Holding: Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.

Judgment: Affirmed, 7-1, in an opinion by Justice Gorsuch on June 2, 2019. Justice Breyer filed a dissenting opinion. Justice Kavanaugh took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 16 2018Application (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 2018Application (17A880) granted by The Chief Justice extending the time to file until March 29, 2018.
Mar 19 2018Application (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 2018Application (17A880) granted by The Chief Justice extending the time to file until April 27, 2018.
Apr 27 2018Petition for a writ of certiorari filed. (Response due May 30, 2018)
May 23 2018Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk.
May 24 2018Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2018.
Jun 19 2018Brief of respondents Allina Health Services, et al. in opposition filed.
Jul 03 2018DISTRIBUTED for Conference of 9/24/2018.
Jul 05 2018Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
Sep 27 2018Petition 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 2018Justice Kavanaugh is recused in this case.
Nov 13 2018Joint appendix filed.
Nov 13 2018Brief of petitioner Alex M. Azar II, Secretary of Health and Human Services filed.
Nov 28 2018SET FOR ARGUMENT ON Tuesday, January 15, 2019
Nov 30 2018CIRCULATED
Dec 11 2018Record requested from the U.S.C.A. District of Columbia Circuit.
Dec 13 2018Brief of respondents Allina Health Services, et al. filed. (Distributed)
Dec 14 2018Record 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 2018Brief amici curiae of American Medical Association and Medical Society of the District of Columbia filed. (Distributed)
Dec 20 2018Brief amici curiae of American Hospital Association, et al. filed. (Distributed)
Dec 20 2018Brief amici curiae of 77 Hospitals and Southwest Consulting Associates filed. (Distributed)
Dec 20 2018Brief amici curiae of Catholic Health, et al. filed. (Distributed)
Dec 20 2018Brief amici curiae of Fourteen State and Regional Hospital Associations filed. (Distributed)
Jan 08 2019Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
Jan 15 2019Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Pratik A. Shah, Washington, D. C.
Jun 03 2019Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion. Kavanaugh, J., took no part in the consideration or decision of the case.
Jul 05 2019JUDGMENT ISSUED.