Kerr v. Planned Parenthood South Atlantic
Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 4th Circuit for further consideration in light of Health and Hospital Corporation of Marion County v. Talevski.
Issues: (1) Whether spending-clause statutes ever give
rise to privately enforceable rights under 42 U.S.C. § 1983, and
if so, what the proper framework is for deciding when
they do; and (2) whether, assuming spending-clause statutes
ever give rise to privately enforceable rights under
Section 1983, the Medicaid Act’s any-qualified-provider
provision creates a privately enforceable right to
challenge a state’s determination that a provider is
not qualified to provide certain medical services.
| Date | Proceedings and Orders (key to color coding) |
|---|
| May 06 2022 | Petition for a writ of certiorari filed. (Response due June 10, 2022) |
| May 06 2022 | Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner Robert M. Kerr. |
| May 11 2022 | Brief amicus curiae of American Center for Law and Justice filed. |
| May 11 2022 | Brief amici curiae of 102 South Carolina Legislators filed. |
| May 11 2022 | Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed. |
| May 12 2022 | Amicus brief of Americans United for Life not accepted for filing. (May 16, 2022) (duplicate efiling) |
| May 12 2022 | Brief amicus curiae of Americans United for Life filed. |
| May 16 2022 | Brief amici curiae of Indiana, et al. filed. |
| May 16 2022 | Brief amici curiae of 128 Members of Congress filed. |
| May 17 2022 | Motion DISTRIBUTED for Conference of 6/2/2022. |
| May 19 2022 | Letter form counsel for petitioner filed. |
| May 27 2022 | Amended motion to expedite consideration of petition for writ of certiorari filed by petitioner. |
| Jun 01 2022 | Motion to extend the time to file a response from June 10, 2022 to July 11, 2022, submitted to The Clerk. |
| Jun 01 2022 | Response to motion to extend the time to file a response from petitioner filed. |
| Jun 06 2022 | Motion to expedite consideration of the petition for a writ of certiorari, as amended on May 27, 2022, DENIED. |
| Jun 06 2022 | Motion to extend the time to file a response is granted and the time is extended to and including July 11, 2022. |
| Jun 30 2022 | Motion to extend the time to file a response from July 11, 2022 to August 10, 2022, submitted to The Clerk. |
| Jul 01 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including August 10, 2022. |
| Aug 10 2022 | Brief of respondents Planned Parenthood South Atlantic, et al. in opposition filed. |
| Aug 24 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Aug 30 2022 | Reply of petitioner Robert M. Kerr filed. (Distributed) |
| Jun 12 2023 | DISTRIBUTED for Conference of 6/15/2023. |
| Jun 14 2023 | Supplemental brief of petitioner Robert M. Kerr filed. (Distributed) |
| Jun 20 2023 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Health and Hospital Corporation of Marion Cty. v. Talevski, 599 U. S. ___ (2023). |
| Jul 24 2023 | Judgment issued. |
