|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.
|Date||Proceedings and Orders |
|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.|
|Jun 03 2019||Adjudged 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 2019||JUDGMENT ISSUED.|
The clerk of the court just notified counsel in a juvenile sentencing case—that was sent back to a lower court this week in light of the court's decision in Jones v. Mississippi—that Justice Kagan unwittingly failed to recuse herself after participating in part of the case as SG.
It’s a quiet week, so now is a great time to listen to Judge John Owens regale @AHoweBlogger with the tale of Ashton Embry and the greatest leak in Supreme Court history.
Come for the high drama, stay for the good humor and an RBG story or two.
The biggest leak in Supreme Court history - SCOTUSblog
In a city full of anonymous sources, the Supreme Court is famously leak-proof. But a century ago, the court had ...
The US Supreme Court should overturn the Facebook’s “Oversight Board’s” “ruling” which upholds the outlawing of the 45th President of the United States from social media.
This is a big tech, corporate oligarchy without standing and it’s gone too far. Enough is enough.
The Supreme Court will hear its last case of the term today at 10:00 a.m. EDT.
Here’s a summary of Terry v. United States in a TikTok minute.
Tomorrow, the Supreme Court will tackle the legacy of the Reagan-era War on Drugs and Congress' attempt to reduce the punishment disparity between crack-cocaine and powder cocaine offenses.
As @ekownyankah notes, this case has a little bit of everything.
In final case the court will hear this term, profound issues of race, incarceration and the war on drugs - SCOTUSblog
Academics naturally believe that even obscure cases in their field are underappreciated; each minor tax or bankruptcy ...
JUST IN: Another shadow-docket filing in which a church argues that state COVID-related restrictions lack sufficient carveouts for religious worship. This one challenges Colorado's restrictions. It relies heavily on last month's ruling in Tandon v. Newsom.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.