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Azar v. Allina Health Services

Docket No. Argument Opinion Vote Author Term
17-1484 Jan 15, 2019 Jun 2, 2019 7-1 Gorsuch OT 2018

Holding: Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically " and retroactively " reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.

Judgment: Affirmed, 7-1, in an opinion by Justice Gorsuch on June 2, 2019. Justice Breyer filed a dissenting opinion. Justice Kavanaugh took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
02/16/2018Application (17A880) to extend the time to file a petition for a writ of certiorari from February 27, 2018 to March 29, 2018, submitted to The Chief Justice.
02/21/2018Application (17A880) granted by The Chief Justice extending the time to file until March 29, 2018.
03/19/2018Application (17A880) to extend further the time to file a petition for a writ of certiorari from March 29, 2018 to April 27, 2018, submitted to The Chief Justice.
03/22/2018Application (17A880) granted by The Chief Justice extending the time to file until April 27, 2018.
04/27/2018Petition for a writ of certiorari filed. (Response due May 30, 2018)
05/23/2018Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk.
05/24/2018Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2018.
06/19/2018Brief of respondents Allina Health Services, et al. in opposition filed.
07/03/2018DISTRIBUTED for Conference of 9/24/2018.
07/05/2018Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
09/27/2018Petition GRANTED limited to the following question: Whether 42 U. S. C. §1395hh(a)(2) or §1395hh(a)(4) required the Department of Health and Human Services to conduct notice-and-comment rulemaking before providing the challenged instructions to a Medicare Administrator Contractor making initial determinations of payments due under Medicare.
10/19/2018Justice Kavanaugh is recused in this case.
11/13/2018Joint appendix filed.
11/13/2018Brief of petitioner Alex M. Azar II, Secretary of Health and Human Services filed.
11/28/2018SET FOR ARGUMENT ON Tuesday, January 15, 2019
11/30/2018CIRCULATED
12/11/2018Record requested from the U.S.C.A. District of Columbia Circuit.
12/13/2018Brief of respondents Allina Health Services, et al. filed. (Distributed)
12/14/2018Record received from the U.S.C.A. Dist. of Columbia Circuit is electronic and located on PACER, with the exception of the transcript of the Oral Argument which is electronic.
12/20/2018Brief amici curiae of American Medical Association and Medical Society of the District of Columbia filed. (Distributed)
12/20/2018Brief amici curiae of American Hospital Association, et al. filed. (Distributed)
12/20/2018Brief amici curiae of 77 Hospitals and Southwest Consulting Associates filed. (Distributed)
12/20/2018Brief amici curiae of Catholic Health, et al. filed. (Distributed)
12/20/2018Brief amici curiae of Fourteen State and Regional Hospital Associations filed. (Distributed)
01/08/2019Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
01/15/2019Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Pratik A. Shah, Washington, D. C.
06/03/2019Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion. Kavanaugh, J., took no part in the consideration or decision of the case.
07/05/2019JUDGMENT ISSUED.