| No. 20-1114 | |
| Title: | American Hospital Association, et al., Petitioners v. Xavier Becerra, Secretary of Health and Human Services, et al. |
| Docketed: | February 12, 2021 |
| Lower Ct: | United States Court of Appeals for the District of Columbia Circuit |
| Case Numbers: | (19-5048, 19-5198) |
| Decision Date: | July 31, 2020 |
| Rehearing Denied: | October 16, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Feb 10 2021 | Petition for a writ of certiorari filed. (Response due March 15, 2021) |
| PetitionCertificate of Word CountProof of Service | |
| Feb 23 2021 | Brief amici curiae of 36 State and Regional Hospital Associations filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 03 2021 | Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk. |
| Main Document | |
| Mar 04 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021. |
| Mar 12 2021 | Brief amici curiae of Yale New Haven Health System, BJC Health Care, UPMC and Vanderbilt University Medical Center filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 31 2021 | Brief amicus curiae of Federation of American Hospitals filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 08 2021 | Motion to extend the time to file a response from April 14, 2021 to May 13, 2021, submitted to The Clerk. |
| Main Document | |
| Apr 09 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2021. |
| Apr 13 2021 | Brief amicus curiae of Rural Hospital Coalition in support of respondent filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| May 13 2021 | Brief of respondent Xavier Becerra, Sec. of H&HS in opposition filed. |
| Proof of ServiceMain Document | |
| May 28 2021 | Reply of petitioners American Hospital Association, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 01 2021 | DISTRIBUTED for Conference of 6/17/2021. |
| Jun 21 2021 | DISTRIBUTED for Conference of 6/24/2021. |
| Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021. |
| Jul 02 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U. S. C. §1395l(t)(12). |
| Jul 09 2021 | Blanket Consent filed by Petitioner, American Hospital Association, et al. |
| Blanket Consent | |
| Jul 26 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 28 2021 | 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 September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 20, 2021. |
| Sep 03 2021 | Brief of petitioners American Hospital Association, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 03 2021 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Sep 08 2021 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 09 2021 | Brief amici curiae of 37 State and Regional Hospital Associations filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2021 | Brief amicus curiae of Americans for Prosperity Foundation in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2021 | Brief amici curiae of National Association of Home Builders, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2021 | Brief amici curiae of Yale New Haven Health System, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 10 2021 | Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2021 | Brief amicus curiae of New Civil Liberties Alliance filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2021 | Brief amici curiae of States of Indiana, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 20 2021 | SET FOR ARGUMENT on Tuesday, November 30, 2021. |
| Sep 27 2021 | Record requested from the U.S.C.A. D.C. Circuit. |
| Oct 01 2021 | The record received from the U.S.C.A. DC Circuit is electronic and located on Pacer, also received are transcripts that has been electronically filed. |
| Oct 20 2021 | Brief of respondents Xavier Becerra, Sec. of H&HS, et al. filed. |
| Main DocumentProof of Service | |
| Oct 27 2021 | Brief amicus curiae of Rural Hospital Coalition filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 27 2021 | Brief amicus curiae of Federation of American Hospitals filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 29 2021 | CIRCULATED |
| Nov 19 2021 | Reply of petitioners American Hospital Association, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 30 2021 | Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D. C. For respondents: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jun 15 2022 | Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. |
| Jul 18 2022 | JUDGMENT ISSUED |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Donald B. Verrilli Jr. Counsel of Record | Munger, Tolles & Olson LLP 601 Massachusetts Avenue, NW Suite 500E Washington, DC 20001-5369 donald.verrilli@mto.com | 202-220-1101 |
| Party name: American Hospital Association, et al. | ||
| Attorneys for Respondents | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Xavier Becerra, Sec. of H&HS | ||
| Other | ||
| Thomas Richard Barker Counsel of Record | Foley Hoag, LLP 1717 K Street, NW Washington, CA 20006 tbarker@foleyhoag.com | 202-223-1200 |
| Party name: Federation of American Hospitals | ||
| Thomas M. Fisher Counsel of Record | Indiana AG's Office, IGC S., 5th Fl. 302 W. Washington Indianapolis, IN 46204 tom.fisher@atg.in.gov | 317-232-6255 |
| Party name: States of Indiana, Georgia, Louisiana, Mississippi, Nebraska, Oklahoma, Texas, and Utah | ||
| Chad Ian Golder Counsel of Record | Law Office of Chad Golder 514 6th Street, NE Washington, DC 20002 golderlawoffice@gmail.com | 203-506-0670 |
| Party name: 36 State and Regional Hospital Associations | ||
| Raymond J. LaJeunesse Jr. Counsel of Record | National Right to Work Legal Foundation 8001 Braddock Rd, Suite 600 Springfield, VA 22151 rjl@nrtw.org | 703-321-8510 |
| Party name: National Right to Work Legal Defense Foundation, Inc. | ||
| Erin E. Murphy Counsel of Record | Kirkland & Ellis LLP 1301 Pennsylvania Avenue, NW Washington, DC 20004 erin.murphy@kirkland.com | 2023895000 |
| Party name: Chamber of Commerce of the United States of America | ||
| Daniel Moshe Ortner Counsel of Record | Pacific Legal Foundation 930 G Street Sacramento, CA 95814 dortner@pacificlegal.org | 9164197111 |
| Party name: Pacific Legal Foundation | ||
| Michael David Pepson Counsel of Record | Americans for Prosperity Foundation 1310 N. Courthouse Rd., Ste. 700 Arlington, VA 22201 mpepson@afphq.org | 5713294529 |
| Party name: Americans for Prosperity Foundation | ||
| Joe Robert Reeder | Greenberg Traurig 2101 L Street NW Suite 1000 Washington, DC 20037 reederj@gtlaw.com | 202-331-3125 |
| Party name: Rural Hospital Coalition | ||
| Richard A. Samp Counsel of Record | New Civil Liberties Alliance 1225 19th Street NW, Suite 450 Washington, DC 20036 rasamp@verizon.net | 202-869-5210 |
| Party name: New Civil Liberties Alliance | ||
| William Barnett Schultz Counsel of Record | Zuckerman Spaeder LLP 1800 M Street, Suite 1000 Washington, DC 20036 wschultz@zuckerman.com | 202-778-1800 |
| Party name: Yale New Haven Health System, BJC Health Care, Cedars-Sinai Medical Center, Geisinger, UPMC, and Vanderbilt University Medical Center | ||
| William Barnett Schultz Counsel of Record | Zuckerman Spaeder LLP 1800 M Street, Suite 1000 Washington, DC 20036 wschultz@zuckerman.com | 202-778-1800 |
| Party name: Yale New Haven Health System, BJC Health Care, UPMC and Vanderbilt University Medical Center | ||
| Andrew Shi Ming Tsui Counsel of Record | Greenberg Traurig, LLP 2101 L Street, N.W., Suite 1000 Washington, DC 20037 tsuia@gtlaw.com | 2022587822 |
| Party name: Rural Hospital Coalition | ||
| Evan Andrew Young Counsel of Record | Baker Botts, L.L.P. 98 San Jacinto Boulevard Suite 1500 Austin, TX 78701-4078 evan.young@bakerbotts.com | 5123222506 |
| Party name: National Association of Home Builders et al. | ||