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Kerr v. Planned Parenthood South Atlantic

Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 4th Circuit for further consideration in light of Health and Hospital Corporation of Marion County v. Talevski.

Docket No. Op. Below Argument Opinion Vote Author Term
21-1431 4th Cir. N/A N/A N/A N/A OT 2022

Issue: (1) Whether spending-clause statutes ever give rise to privately enforceable rights under 42 U.S.C. § 1983, and if so, what the proper framework is for deciding when they do; and (2) whether, assuming spending-clause statutes ever give rise to privately enforceable rights under Section 1983, the Medicaid Act"s any-qualified-provider provision creates a privately enforceable right to challenge a state"s determination that a provider is not qualified to provide certain medical services.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
05/06/2022Petition for a writ of certiorari filed. (Response due June 10, 2022)
05/06/2022Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner Robert M. Kerr.
05/11/2022Brief amicus curiae of American Center for Law and Justice filed.
05/11/2022Brief amici curiae of 102 South Carolina Legislators filed.
05/11/2022Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed.
05/12/2022Amicus brief of Americans United for Life not accepted for filing. (May 16, 2022) (duplicate efiling)
05/12/2022Brief amicus curiae of Americans United for Life filed.
05/16/2022Brief amici curiae of Indiana, et al. filed.
05/16/2022Brief amici curiae of 128 Members of Congress filed.
05/17/2022Motion DISTRIBUTED for Conference of 6/2/2022.
05/19/2022Letter form counsel for petitioner filed.
05/27/2022Amended motion to expedite consideration of petition for writ of certiorari filed by petitioner.
06/01/2022Motion to extend the time to file a response from June 10, 2022 to July 11, 2022, submitted to The Clerk.
06/01/2022Response to motion to extend the time to file a response from petitioner filed.
06/06/2022Motion to expedite consideration of the petition for a writ of certiorari, as amended on May 27, 2022, DENIED.
06/06/2022Motion to extend the time to file a response is granted and the time is extended to and including July 11, 2022.
06/30/2022Motion to extend the time to file a response from July 11, 2022 to August 10, 2022, submitted to The Clerk.
07/01/2022Motion to extend the time to file a response is granted and the time is further extended to and including August 10, 2022.
08/10/2022Brief of respondents Planned Parenthood South Atlantic, et al. in opposition filed.
08/24/2022DISTRIBUTED for Conference of 9/28/2022.
08/30/2022Reply of petitioner Robert M. Kerr filed. (Distributed)
06/12/2023DISTRIBUTED for Conference of 6/15/2023.
06/14/2023Supplemental brief of petitioner Robert M. Kerr filed. (Distributed)
06/20/2023Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Health and Hospital Corporation of Marion Cty. v. Talevski, 599 U. S. ___ (2023).
07/24/2023Judgment issued.