Gallardo v. Marstiller

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

Justices validate states right to take tort recoveries from Medicaid beneficiaries (Ronald Mann, June 7, 2022)
Announcement of orders and opinions for Monday, June 6 (complete) (Angie Gou, June 6, 2022)
Justices side with Floridas Medicaid program in payment dispute with accident victim (Ronald Mann, June 6, 2022)
Justices debate states right to take tort recoveries from Medicaid beneficiaries (Ronald Mann, January 11, 2022)
Traffic accident involving Florida girl leads to Medicaid-reimbursement dispute (Ronald Mann, January 9, 2022)
Justices set January argument calendar (Amy Howe, November 18, 2021)
Justices add one religious-rights case to docket but turn down another (Amy Howe, July 2, 2021)
Mopping up final business with 13 new relists (John Elwood, July 1, 2021)
Medicaid, Medicare and House representation for the District of Columbia (Andrew Hamm, April 16, 2021)

Date	Proceedings and Orders (key to color coding)
03/09/2021	Petition for a writ of certiorari filed. (Response due April 12, 2021)
03/24/2021	Motion to extend the time to file a response from April 12, 2021 to May 27, 2021, submitted to The Clerk.
03/25/2021	Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2021.
05/20/2021	Motion to extend the time to file a response from May 27, 2021 to July 26, 2021, submitted to The Clerk.
05/20/2021	Response to motion from petitioner Gianinna Gallardo filed.
05/21/2021	Motion to extend the time to file a response is granted in part and the time is extended to and including June 1, 2021.
05/25/2021	Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
06/01/2021	Response to petition from respondent Simone Marstiller filed.
06/07/2021	Reply of petitioner Gianinna Gallardo 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 GRANTED.
07/23/2021	Motion for an extension of time to file the briefs on the merits filed.
07/28/2021	Motion 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.
09/15/2021	Brief of petitioner Gianinna Gallardo filed.
09/15/2021	Joint appendix filed. (Statement of costs filed)
09/22/2021	Brief amicus curiae of United States filed.
09/22/2021	Brief amici curiae of American Association for Justice and Florida Justice Association filed.
09/22/2021	Brief amicus curiae of American Academy of Physician Life Care Planners in Support of Neither Party filed.
11/15/2021	Brief of respondent Simone Marstiller filed.
11/17/2021	ARGUMENT SET FOR Monday, January 10, 2022.
11/17/2021	Record requested from the U.S.C.A. 11th Circuit
11/17/2021	The record from the 11th Circuit is electronic and located on Pacer.
11/18/2021	Motion 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.
11/22/2021	Brief amici curiae of National Conference of State Legislatures, et al. filed.
11/22/2021	Brief amici curiae of States of Utah, Ohio, and 12 Other States filed.
12/06/2021	Motion 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.
12/08/2021	CIRCULATED
12/15/2021	Reply of petitioner Gianinna Gallardo filed. (Distributed)
01/10/2022	Argued. 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.
06/06/2022	Adjudged 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.
07/08/2022	JUDGMENT ISSUED