Skip to main content

Advocate Christ Medical Center v. Kennedy

Docket No.23-715
Op. BelowD.C. Cir.
ArgumentNov 5, 2024

Holding

In calculating the Medicare fraction, an individual is “entitled to supplementary security income benefits” when she is eligible to receive an SSI cash payment during the month of her hospitalization.

Judgment

Affirmed, 7-2, in an opinion by Amy Coney Barrett on Apr 29, 2025. Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined.

Proceedings & orders timeline

Nov 1, 2023
Application (23A407) to extend the time to file a petition for a writ of certiorari from November 30, 2023 to December 29, 2023, submitted to The Chief Justice.
Nov 8, 2023
Application (23A407) granted by The Chief Justice extending the time to file until December 29, 2023.
Dec 29, 2023
Petition for a writ of certiorari filed. (Response due February 2, 2024)
Jan 4, 2024
Letter from counsel for petitioners pursuant to Rule 12.6 filed.
Jan 18, 2024
Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk.
Jan 19, 2024
Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024.
Feb 2, 2024
Brief amici curiae of American Hospital Association, et al. filed.
Mar 1, 2024
Motion to extend the time to file a response from March 4, 2024 to April 18, 2024, submitted to The Clerk.
Mar 4, 2024
Motion to extend the time to file a response is granted and the time is further extended to and including April 18, 2024.
Apr 18, 2024
Brief of respondent Xavier Becerra, Secretary of Health and Human Services in opposition filed.
May 3, 2024
Reply of petitioners Advocate Christ Medical Center, et al. filed. (Distributed)
May 7, 2024
DISTRIBUTED for Conference of 5/23/2024.
May 28, 2024
DISTRIBUTED for Conference of 5/30/2024.
Jun 3, 2024
DISTRIBUTED for Conference of 6/6/2024.
Jun 10, 2024
Petition GRANTED.
Jul 5, 2024
Motion for an extension of time to file the briefs on the merits filed.
Jul 9, 2024
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 August 7, 2024. The time to file respondent's brief on the merits is extended to and including September 19, 2024.
Jul 17, 2024
Motion to dispense with printing the joint appendix filed by petitioners Advocate Christ Medical Center, et al.
Jul 26, 2024
SET FOR ARGUMENT on Tuesday, November 5, 2024.
Aug 6, 2024
Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Aug 7, 2024
Brief of petitioners Advocate Christ Medical Center, et al. filed.
Aug 8, 2024
Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
Aug 8, 2024
Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
Aug 14, 2024
Brief amicus curiae of Empire Health Foundation filed.
Aug 14, 2024
Brief amici curiae of Twenty-Six State and Regional Hospital Associations filed.
Aug 14, 2024
Brief amici curiae of American Hospital Association, et al. filed.
Aug 19, 2024
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Sep 19, 2024
Brief of respondent Xavier Becerra, Secretary of Health and Human Services filed.
Oct 1, 2024
CIRCULATED
Oct 21, 2024
Reply of petitioners Advocate Christ Medical Center, et al. filed. (Distributed)
Nov 5, 2024
Argued. For petitioners: Melissa Arbus Sherry, Washington, D. C. For respondent: Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 29, 2025
Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
Jun 2, 2025
Judgment Issued.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.