Health and Hospital Corporation of Marion County, Indiana v. Talevski
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 Ketanji Brown Jackson on Jun 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.
Nov 23, 2021Petition for a writ of certiorari filed. (Response due January 3, 2022)Dec 20, 2021Waiver of right of respondent Gorgi Talevski, by his next friend Ivanka Talevski to respond filed.
Dec 29, 2021DISTRIBUTED for Conference of 1/14/2022.
Jan 3, 2022Brief amici curiae of Indiana, et al. filed. (Distributed)Jan 3, 2022Brief amici curiae of American Health Care Association and Indiana Health Care Association filed. (Distributed)Jan 10, 2022Response Requested. (Due February 9, 2022)
Jan 21, 2022Motion to extend the time to file a response from February 9, 2022 to March 11, 2022, submitted to The Clerk.Jan 26, 2022Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2022.
Mar 1, 2022Motion under Rule 35.1 filed to substitute Ivanka Talevski, as authorized representative, as respondent in place of Gorgi Talevski, deceased.Mar 11, 2022Brief of respondent Gorgi Talevski, by his next friend Ivanka Talevski in opposition filed.Mar 25, 2022Reply of petitioners Health and Hospital Corporation of Marion County, et al. filed. (Distributed)Mar 29, 2022DISTRIBUTED for Conference of 4/14/2022.
Apr 12, 2022Rescheduled.
Apr 18, 2022DISTRIBUTED for Conference of 4/22/2022.
Apr 25, 2022DISTRIBUTED for Conference of 4/29/2022.
May 2, 2022Motion to substitute Ivanka Talevski, as authorized representative, as respondent in place of Gorgi Talevski, deceased GRANTED.
May 2, 2022Petition GRANTED.
May 5, 2022Blanket Consent filed by Respondent, Ivanka Talevski, Authorized Representative of Gorgi Talevski, DeceasedMay 5, 2022Motion for an extension of time to file the briefs on the merits filed.May 6, 2022Blanket Consent filed by Petitioner, Health and Hospital Corporation of Marion County, et al.May 24, 2022Motion 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.
Jul 18, 2022Brief of petitioners Health and Hospital Corporation of Marion County, et al. filed.Jul 18, 2022Joint appendix filed. (Statement of costs filed)Jul 25, 2022Amicus brief of National Conference of State Legislatures, et al. not accepted for filing. (Corrected version to be submitted - July 26, 2022)
Jul 25, 2022Brief amici curiae of National Conference of State Legislatures, et al. filed.Jul 25, 2022Brief amicus curiae of United States in support of neither party filed.Jul 25, 2022Brief amici curiae of Indiana, et al.filed.Jul 25, 2022Brief amici curiae of American Health Care Association, et al. filed.Jul 25, 2022Brief amicus curiae of Robert M. Kerr, Director of South Carolina Department of Health & Human Services filed.Aug 3, 2022ARGUMENT SET FOR Tuesday, November 8, 2022.
Aug 31, 2022CIRCULATED
Sep 9, 2022Motion 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.Sep 9, 2022Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.Sep 12, 2022Record requested from the U.S.C.A. 7th Circuit.
Sep 12, 2022The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.
Sep 16, 2022Brief of respondent Ivanka Talevski, Personal Representative of the Estate of Gorgi Talevski, Deceased filed. (Distributed)Sep 19, 2022Brief amici curiae of Pennsylvania Association for Justice, et al. filed. (Distributed)Sep 22, 2022Brief amicus curiae of Public Citizen filed. (Distributed)Sep 22, 2022Brief amici curiae of The American Public Health Association, et al. filed. (Distributed)Sep 23, 2022Brief amici curiae of Former Members of Congress filed. (Distributed)Sep 23, 2022Brief amicus curiae of California Medical Association filed. (Distributed)Sep 23, 2022Brief amicus curiae of The Indiana Trial Lawyers Association filed. (Distributed)Sep 23, 2022Brief amici curiae of Constitutional Accountability Center, et al. filed. (Distributed)Sep 23, 2022Brief amici curiae of Statutory interpretation Law Scholars filed. (Distributed)Sep 23, 2022Brief amici curiae of American Cancer Society Cancer Action Network, et al. filed. (Distributed)Sep 23, 2022Brief amici curiae of Indiana Disability Rights filed. (Distributed)Sep 23, 2022Brief amici curiae of Children’s Health Care Providers and Advocates filed. (Distributed)Sep 23, 2022Brief amici curiae of Members of Congress filed. (Distributed)Sep 23, 2022Brief amicus curiae of Toby S. Edelman filed. (Distributed)Sep 23, 2022Brief amici curiae of National Center for Youth Law, et al. filed. (Distributed)Sep 23, 2022Brief amici curiae of Former Senior Officials of The Department of Health and Human Services filed. (Distributed)Sep 23, 2022Brief amici curiae of The National Health Law Program, et al. filed. (Distributed)Sep 23, 2022Brief amicus curiae of Daniel L. Hatcher filed. (Distributed)Sep 23, 2022Brief amici curiae of Georgia Advocacy Office, et al. filed. (Distributed)Sep 23, 2022Brief amici curiae of National Association of Community Health Centers, et al. filed. (Distributed)Sep 23, 2022Brief amici curiae of Judge David L. Bazelon Center for Mental Health Law, et al. filed. (Distributed)Sep 23, 2022Brief amici curiae of AARP, et al. filed. (Distributed)Sep 23, 2022Brief amici curiae of Retired Lawyers filed. (Distributed)Sep 23, 2022Brief amicus curiae of Institute for Justice filed. (Distributed)Sep 23, 2022Brief amici curiae of Contract Law and Legal History Professors filed. (Distributed)Sep 23, 2022Brief amici curiae of Health Policy Scholars filed. (Distributed)Oct 11, 2022Motion 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.
Oct 11, 2022Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
Oct 17, 2022Reply of petitioners Health and Hospital Corporation of Marion County, et al. filed. (Distributed)Nov 8, 2022Argued. 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.
Jun 8, 2023Adjudged 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.
Jul 10, 2023Judgment issued.Recommended Citation: Health and Hospital Corporation of Marion County, Indiana v. Talevski, SCOTUSblog, https://www.scotusblog.com/cases/health-and-hospital-corporation-of-marion-county-indiana-v-talevski/