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Becerra v. Empire Health Foundation

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Docket No. Op. Below Argument Opinion Vote Author Term
20-1312 9th Cir. Nov 29, 2021 Jun 24, 2022 5-4 Kagan OT 2021

Holding: For purposes of calculating the Medicare fraction — one of two fractions the Medicare program uses to adjust the rates paid to hospitals that serve a higher-than-usual percentage of low-income patients — those individuals “entitled to [Medicare Part A] benefits” are all those qualifying for the program, regardless of whether they receive Medicare payments for part or all of a hospital stay.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Kagan on June 24, 2022. Justice Kavanaugh filed a dissenting opinion, in which Chief Justice Roberts and Justices Alito and Gorsuch joined.

DateProceedings and Orders (key to color coding)
Mar 19 2021Petition for a writ of certiorari filed. (Response due April 19, 2021)
Mar 30 2021Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.
Mar 31 2021Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021.
May 19 2021Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center in opposition filed.
Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
Jun 08 2021Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021Petition GRANTED.
Jul 19 2021Motion for an extension of time to file the briefs on the merits filed.
Jul 21 2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 1, 2021. The time to file respondent's brief on the merits is extended to and including October 18, 2021.
Sep 01 2021Brief of petitioner Becerra, Xavier, Secretary of Health and Human Services filed.
Sep 01 2021Joint appendix filed. (Statement of costs filed)
Sep 08 2021Brief amicus curiae of Americans for Prosperity Foundation in Support of Neither Party filed.
Sep 20 2021SET FOR ARGUMENT on Monday, November 29, 2021.
Sep 27 2021Record requested from the U.S.C.A. 9th Circuit.
Oct 14 2021The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 18 2021Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center filed.
Oct 25 2021Brief amicus curiae of The Federation of American Hospitals filed.
Oct 25 2021Brief amici curiae of Certain Hospitals and Hospital Systems filed.
Oct 29 2021CIRCULATED
Nov 17 2021Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
Nov 23 2021Letter regarding statistics in reply brief on the merits filed by petitioner. (Distributed)
Nov 29 2021Argued. For petitioner: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Daniel J. Hettich, Washington, D. C.
Jun 24 2022Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Thomas, Breyer, Sotomayor, and Barrett, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., and Alito and Gorsuch, JJ., joined.