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Cochran v. Gresham

Judgment vacated and case remanded with instructions to dismiss the case as moot.

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
20-37 D.C. Cir. TBD TBD TBD TBD OT 2020

Issue: Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in concluding that the secretary of health and human services may not authorize demonstration projects to test requirements that are designed to promote the provision of health-care coverage by means of facilitating the transition of Medicaid beneficiaries to commercial coverage and improving their health.

DateProceedings and Orders (key to color coding)
07/13/2020Petition for a writ of certiorari filed. (Response due August 17, 2020)
08/07/2020Motion to extend the time to file a response from August 17, 2020 to October 16, 2020, submitted to The Clerk.
08/10/2020Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2020.
08/14/2020Brief of respondent New Hampshire Department of Health and Human Services in support filed.
10/16/2020Brief of respondents Charles Gresham, et al. in opposition filed. VIDED.
11/04/2020DISTRIBUTED for Conference of 11/20/2020.
11/04/2020Reply of petitioners alex m. azar ii, secretary of health and human services, et al. filed. (Distributed)
11/30/2020DISTRIBUTED for Conference of 12/4/2020.
12/04/2020Petition GRANTED. The petition for a writ of certiorari in No. 20-38 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
12/04/2020Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-37. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-37. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
12/29/2020Motion to dispense with printing the joint appendix filed by petitioners Alex M. Azar II, Secretary of Health and Human Services, et al. VIDED.
01/11/2021Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.
01/19/2021Brief of respondent New Hampshire Department of Health and Human Services in support filed (in 20-37).
01/19/2021Brief of Federal Petitioners filed. VIDED.
01/19/2021Brief of petitioner State of Arkansas filed. VIDED.
01/26/2021Brief amicus curiae of State of Nebraska filed. VIDED.
01/26/2021Brief amici curiae of States of Indiana, et al., filed. VIDED.
01/26/2021Brief amicus curiae of Foundation for Government Accountability filed. VIDED.
02/01/2021SET FOR ARGUMENT on Monday, March 29, 2021. VIDED.
02/04/2021Record requested from the U.S.C.A. D.C. Circuit.
02/08/2021Record from the U.S.C.A. District of Columbia Circuit is electronic and located on Pacer.
02/08/2021Record from the U.S. District and Bankruptcy Courts are electronic and located on Pacer.
02/18/2021Brief of respondents Charles Gresham, et al. filed. VIDED.
02/22/2021Motion to vacate the judgments of the court of appeals and remand, remove the cases from the March 2021 argument calendar, and to hold further briefing in abeyance filed by petitioners Norris Cochran, Acting Secretary of Health and Human Services, et al. VIDED. (Distributed)
02/22/2021Response in opposition to request to vacate the judgments of the court of appeals from petitioner State of Arkansas filed. VIDED. (Distributed)
02/22/2021CIRCULATED.
02/23/2021Brief amicus curiae of Nebraska Appleseed filed. VIDED. (Distributed)
02/24/2021Reply in support of motion to vacate the judgments of the court of appeals and remand, remove the cases from the March 2021 argument calendar, and to hold further briefing in abeyance filed by petitioners Norris Cochran, Acting Secretary of Health and Human Services, et al. VIDED. (Distributed)
02/24/2021Brief amici curiae of The National Women's Law Center, et al. filed. (Distributed). VIDED
02/25/2021Amicus brief of Health Care Provider Organizations and Patient Groups not accepted for filing. (February 26, 2021 - Corrected brief to be submitted)
02/25/2021Brief amici curiae of Health Care Provider Organizations and Patient Groups filed. VIDED. (Distributed)
02/25/2021Brief amici curiae of AARP, et al. filed. (Distributed) VIDED
02/25/2021Brief amici curiae of Leukemia & Lymphoma Society, et al. filed. VIDED. (Distributed)
02/25/2021Brief amici curiae of Texas Medical-Legal Partnerships filed. VIDED. (Distributed)
02/25/2021Brief amici curiae of Public Health, Healthy Policy and Medicine Deans, Chairs and Scholars filed. VIDED. (Distributed)
03/11/2021Nos. 20-37 and 20-38 are removed from the calendar for the March 2021 argument session. VIDED.
03/22/2021Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED (Distributed)
03/22/2021Reply of petitioner State of Arkansas filed. VIDED. (Distributed)
04/05/2021Upon consideration of the motion of petitioners to vacate the judgments of the court of appeals and remand, to remove the cases from the March 2021 argument calendar, and to hold further briefing in abeyance, these cases are held in abeyance pending further order of the Court. VIDED.
06/11/2021Letter of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED.
04/01/2022Suggestion of mootness and motion to vacate the judgements of the court of appeals and to remand filed by petitioner Xavier Becerra, Secretary of Health and Human Services, et al. VIDED. (Distributed)
04/18/2022The motion to vacate the judgments is granted. The judgment of the United States Court of Appeals for the District of Columbia Circuit in Nos. 19-5094 and 19-5096 is vacated, and the cases are remanded to that court with instructions to direct the District Court to vacate its judgment and dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). The judgment of the United States Court of Appeals for the District of Columbia Circuit in Nos. 19-5293 and 19-5295 is vacated, and the cases are remanded to that court with instructions to direct the District Court to remand to the Secretary of Health and Human Services. VIDED.
05/20/2022Judgment Issued