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Empire Health Foundation v. Becerra

Petition for certiorari denied on July 2, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-1486 9th Cir. N/A N/A N/A N/A OT 2020

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 19 2021Petition for a writ of certiorari filed. (Response due May 24, 2021)
May 24 2021Brief of respondent Xavier Becerra, Secretary of Health & Human Services in opposition filed.
Jun 07 2021Reply of petitioner Empire Health Foundation, for Valley Hospital Medical Center filed. (Distributed)
Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021Petition DENIED.