Health and Hospital Corporation of Marion County, Indiana v. Talevski

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-806	7th Cir.	Nov 8, 2022	Jun 8, 2023	7-2	Jackson	OT 2022

Holding: The provisions of the Federal Nursing Home Amendments Act of 1987 at issue unambiguously create rights enforceable under 42 U.S.C. § 1983, and private enforcement under Section 1983 is compatible with the FNHRA's remedial scheme.

Judgment: Affirmed, 7-2, in an opinion by Justice Jackson on June 8, 2023. Justice Gorsuch filed a concurring opinion. Justice Barrett filed a concurring opinion, in which Chief Justice Roberts joined. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.

SCOTUSblog Coverage

Court endorses private Section 1983 enforcement of spending clause enactments (Howard M. Wasserman, June 9, 2023)
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In family's lawsuit against public nursing home, court revisits private rights of action and the spending clause (Howard M. Wasserman, November 7, 2022)
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Announcement of orders and opinions for Monday, May 2 (complete) (Angie Gou, May 2, 2022)
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Date	Proceedings and Orders (key to color coding)
11/23/2021	Petition for a writ of certiorari filed. (Response due January 3, 2022)
12/20/2021	Waiver of right of respondent Gorgi Talevski, by his next friend Ivanka Talevski to respond filed.
12/29/2021	DISTRIBUTED for Conference of 1/14/2022.
01/03/2022	Brief amici curiae of Indiana, et al. filed. (Distributed)
01/03/2022	Brief amici curiae of American Health Care Association and Indiana Health Care Association filed. (Distributed)
01/10/2022	Response Requested. (Due February 9, 2022)
01/21/2022	Motion to extend the time to file a response from February 9, 2022 to March 11, 2022, submitted to The Clerk.
01/26/2022	Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2022.
03/01/2022	Motion under Rule 35.1 filed to substitute Ivanka Talevski, as authorized representative, as respondent in place of Gorgi Talevski, deceased.
03/11/2022	Brief of respondent Gorgi Talevski, by his next friend Ivanka Talevski in opposition filed.
03/25/2022	Reply of petitioners Health and Hospital Corporation of Marion County, et al. filed. (Distributed)
03/29/2022	DISTRIBUTED for Conference of 4/14/2022.
04/12/2022	Rescheduled.
04/18/2022	DISTRIBUTED for Conference of 4/22/2022.
04/25/2022	DISTRIBUTED for Conference of 4/29/2022.
05/02/2022	Motion to substitute Ivanka Talevski, as authorized representative, as respondent in place of Gorgi Talevski, deceased GRANTED.
05/02/2022	Petition GRANTED.
05/05/2022	Blanket Consent filed by Respondent, Ivanka Talevski, Authorized Representative of Gorgi Talevski, Deceased
05/05/2022	Motion for an extension of time to file the briefs on the merits filed.
05/06/2022	Blanket Consent filed by Petitioner, Health and Hospital Corporation of Marion County, et al.
05/24/2022	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 18, 2022. The time to file respondent's brief on the merits is extended to and including September 16, 2022.
07/18/2022	Brief of petitioners Health and Hospital Corporation of Marion County, et al. filed.
07/18/2022	Joint appendix filed. (Statement of costs filed)
07/25/2022	Amicus brief of National Conference of State Legislatures, et al. not accepted for filing. (Corrected version to be submitted - July 26, 2022)
07/25/2022	Brief amici curiae of National Conference of State Legislatures, et al. filed.
07/25/2022	Brief amicus curiae of United States in support of neither party filed.
07/25/2022	Brief amici curiae of Indiana, et al.filed.
07/25/2022	Brief amici curiae of American Health Care Association, et al. filed.
07/25/2022	Brief amicus curiae of Robert M. Kerr, Director of South Carolina Department of Health & Human Services filed.
08/03/2022	ARGUMENT SET FOR Tuesday, November 8, 2022.
08/31/2022	CIRCULATED
09/09/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
09/09/2022	Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
09/12/2022	Record requested from the U.S.C.A. 7th Circuit.
09/12/2022	The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.
09/16/2022	Brief of respondent Ivanka Talevski, Personal Representative of the Estate of Gorgi Talevski, Deceased filed. (Distributed)
09/19/2022	Brief amici curiae of Pennsylvania Association for Justice, et al. filed. (Distributed)
09/22/2022	Brief amicus curiae of Public Citizen filed. (Distributed)
09/22/2022	Brief amici curiae of The American Public Health Association, et al. filed. (Distributed)
09/23/2022	Brief amici curiae of Former Members of Congress filed. (Distributed)
09/23/2022	Brief amicus curiae of California Medical Association filed. (Distributed)
09/23/2022	Brief amicus curiae of The Indiana Trial Lawyers Association filed. (Distributed)
09/23/2022	Brief amici curiae of Constitutional Accountability Center, et al. filed. (Distributed)
09/23/2022	Brief amici curiae of Statutory interpretation Law Scholars filed. (Distributed)
09/23/2022	Brief amici curiae of American Cancer Society Cancer Action Network, et al. filed. (Distributed)
09/23/2022	Brief amici curiae of Indiana Disability Rights filed. (Distributed)
09/23/2022	Brief amici curiae of Children’s Health Care Providers and Advocates filed. (Distributed)
09/23/2022	Brief amici curiae of Members of Congress filed. (Distributed)
09/23/2022	Brief amicus curiae of Toby S. Edelman filed. (Distributed)
09/23/2022	Brief amici curiae of National Center for Youth Law, et al. filed. (Distributed)
09/23/2022	Brief amici curiae of Former Senior Officials of The Department of Health and Human Services filed. (Distributed)
09/23/2022	Brief amici curiae of The National Health Law Program, et al. filed. (Distributed)
09/23/2022	Brief amicus curiae of Daniel L. Hatcher filed. (Distributed)
09/23/2022	Brief amici curiae of Georgia Advocacy Office, et al. filed. (Distributed)
09/23/2022	Brief amici curiae of National Association of Community Health Centers, et al. filed. (Distributed)
09/23/2022	Brief amici curiae of Judge David L. Bazelon Center for Mental Health Law, et al. filed. (Distributed)
09/23/2022	Brief amici curiae of AARP, et al. filed. (Distributed)
09/23/2022	Brief amici curiae of Retired Lawyers filed. (Distributed)
09/23/2022	Brief amicus curiae of Institute for Justice filed. (Distributed)
09/23/2022	Brief amici curiae of Contract Law and Legal History Professors filed. (Distributed)
09/23/2022	Brief amici curiae of Health Policy Scholars filed. (Distributed)
10/11/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
10/11/2022	Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
10/17/2022	Reply of petitioners Health and Hospital Corporation of Marion County, et al. filed. (Distributed)
11/08/2022	Argued. For petitioners: Lawrence S. Robbins, New York, N. Y.; and Thomas M. Fisher, Solicitor General, Indianapolis, Ind. (for Indiana, et al., as amici curiae.) For United States, as amicus curiae: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Andrew T. Tutt, Washington, D. C.
06/08/2023	Adjudged to be AFFIRMED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion. Barrett, J., filed a concurring opinion, in which Roberts, C. J., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Thomas, J., joined.
07/10/2023	Judgment issued.