Empire Health Foundation v. Becerra

Petition for certiorari denied on July 2, 2021

Linked with:

Becerra v. Empire Health Foundation

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-1486	9th Cir.	N/A	N/A	N/A	N/A	OT 2020

Issue: (1) Whether agencies must accurately include key facts and data in notices of proposed rulemaking in order to satisfy the requirements of fair notice and the opportunity for the public to meaningfully comment; and (2) whether, whenever a proposal presents a binary choice of policies, the adoption of one of those policies will always be a "logical outgrowth" of the proposal that can excuse any failure to comply with notice-and-comment obligations.

SCOTUSblog Coverage

Mopping up final business with 13 new relists (John Elwood, July 1, 2021)
Transparency, resentencing and preemption questions (Andrew Hamm, May 14, 2021)

Date	Proceedings and Orders (key to color coding)
04/19/2021	Petition for a writ of certiorari filed. (Response due May 24, 2021)
05/24/2021	Brief of respondent Xavier Becerra, Secretary of Health & Human Services in opposition filed.
06/07/2021	Reply of petitioner Empire Health Foundation, for Valley Hospital Medical Center filed. (Distributed)
06/08/2021	DISTRIBUTED for Conference of 6/24/2021.
07/01/2021	DISTRIBUTED for Conference of 7/1/2021.
07/02/2021	Petition DENIED.