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Gallardo v. Marstiller

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Docket No. Op. Below Argument Opinion Vote Author Term
20-1263 11th Cir. Jan 10, 2022 Jun 6, 2022 7-2 Thomas OT 2021

Holding: The Medicaid Act permits a state to seek reimbursement from settlement payments allocated for future medical care.

Judgment: Affirmed, 7-2, in an opinion by Justice Thomas on June 6, 2022. Justice Sotomayor filed a dissenting opinion in which Justice Breyer joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 09 2021Petition for a writ of certiorari filed. (Response due April 12, 2021)
Mar 24 2021Motion to extend the time to file a response from April 12, 2021 to May 27, 2021, submitted to The Clerk.
Mar 25 2021Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2021.
May 20 2021Motion to extend the time to file a response from May 27, 2021 to July 26, 2021, submitted to The Clerk.
May 20 2021Response to motion from petitioner Gianinna Gallardo filed.
May 21 2021Motion to extend the time to file a response is granted in part and the time is extended to and including June 1, 2021.
May 25 2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
Jun 01 2021Response to petition from respondent Simone Marstiller filed.
Jun 07 2021Reply of petitioner Gianinna Gallardo filed. (Distributed)
Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021Petition GRANTED.
Jul 23 2021Motion for an extension of time to file the briefs on the merits filed.
Jul 28 2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 15, 2021. The time to file respondent's brief on the merits is extended to and including November 15, 2021.
Sep 15 2021Brief of petitioner Gianinna Gallardo filed.
Sep 15 2021Joint appendix filed. (Statement of costs filed)
Sep 22 2021Brief amicus curiae of United States filed.
Sep 22 2021Brief amici curiae of American Association for Justice and Florida Justice Association filed.
Sep 22 2021Brief amicus curiae of American Academy of Physician Life Care Planners in Support of Neither Party filed.
Nov 15 2021Brief of respondent Simone Marstiller filed.
Nov 17 2021ARGUMENT SET FOR Monday, January 10, 2022.
Nov 17 2021Record requested from the U.S.C.A. 11th Circuit
Nov 17 2021The record from the 11th Circuit is electronic and located on Pacer.
Nov 18 2021Motion 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.
Nov 22 2021Brief amici curiae of National Conference of State Legislatures, et al. filed.
Nov 22 2021Brief amici curiae of States of Utah, Ohio, and 12 Other States filed.
Dec 06 2021Motion 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.
Dec 08 2021CIRCULATED
Dec 15 2021Reply of petitioner Gianinna Gallardo filed. (Distributed)
Jan 10 2022Argued. For petitioner: Bryan S. Gowdy, Jacksonville, Fla.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Henry C. Whitaker, Solicitor General, Tallahassee, Fla.
Jun 06 2022Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kagan, Gorsuch, Kavanaugh and Barrett, JJ., joined. Sotomayor, J., filed dissenting opinion in which, Breyer, J., joined.
Jul 08 2022JUDGMENT ISSUED