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Empire Health Foundation v. Becerra

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1486 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether agencies must accurately include key facts and data in notices of proposed rulemaking in order to satisfy the requirements of fair notice and the opportunity for the public to meaningfully comment; and (2) whether, whenever a proposal presents a binary choice of policies, the adoption of one of those policies will always be a “logical outgrowth” of the proposal that can excuse any failure to comply with notice-and-comment obligations.

DateProceedings and Orders (key to color coding)
Apr 19 2021Petition for a writ of certiorari filed. (Response due May 24, 2021)