|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-98||4th Cir.||Jan 8, 2013||Mar 20, 2013||6-3||Kennedy||OT 2012|
Holding: The anti-lien provision of the federal Medicaid statute pre-empts North Carolina’s irrebuttable statutory presumption that one-third of any tort recovery by a Medicaid beneficiary is attributable to medical expenses.
Judgment: Affirmed, 6-3, in an opinion by Justice Kennedy on March 20, 2013. Justice Breyer filed a concurring opinion. Chief Justice Roberts filed a dissenting opinion in which Justice Scalia and Justice Thomas joined.
|Date||Proceedings and Orders |
|Jun 7 2012||Application (11A1171) to extend the time to file a petition for a writ of certiorari from June 20, 2012 to July 20, 2012, submitted to The Chief Justice.|
|Jun 14 2012||Application (11A1171) granted by The Chief Justice extending the time to file until July 20, 2012.|
|Jul 20 2012||Petition for a writ of certiorari filed. (Response due August 23, 2012)|
|Aug 23 2012||Brief of respondents E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. in opposition filed.|
|Sep 4 2012||Reply of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed.|
|Sep 5 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Sep 25 2012||Petition GRANTED.|
|Oct 31 2012||SET FOR ARGUMENT ON Tuesday, January 8, 2013.|
|Nov 9 2012||Joint appendix filed. (statement of costs received)|
|Nov 9 2012||Brief of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed.|
|Nov 15 2012||Record received from U.S.C.A. for 4th Circuit. (1 envelope)|
|Nov 16 2012||CIRCULATED.|
|Nov 16 2012||Brief amicus curiae of National Governors Association filed. (Distributed)|
|Nov 16 2012||Brief amici curiae of Texas, et al. filed. (Distributed)|
|Dec 10 2012||Brief of respondents E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. filed. (Distributed)|
|Dec 10 2012||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Dec 17 2012||Brief amicus curiae of the United States filed. (Distributed)|
|Dec 17 2012||Brief amicus curiae of Federation of Defense and Corporate Counsel filed. (Distributed)|
|Dec 17 2012||Brief amici curiae of American Association for Justice, et al. filed. (Distributed)|
|Dec 17 2012||Brief amici curiae of AARP, et al. filed. (Distributed)|
|Dec 28 2012||Reply of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed. (Distributed)|
|Jan 4 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Jan 8 2013||Argued. For petitioner: John F. Maddrey, Solicitor General, Raleigh, N. C. For respondents: Christopher G. Browning, Jr., Raleigh, N. C.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|Mar 20 2013||Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion. Roberts, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined.|
|Apr 22 2013||JUDGMENT ISSUED.|
|Apr 23 2013||Record returned to U.S.C.A. for 4th Circuit.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).