|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.|
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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