Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-1641	6th Cir.	Mar 1, 2022	Jun 21, 2022	7-2	Kavanaugh	OT 2021

Holding: The Medicare Secondary Payer statute does not authorize disparate-impact liability, and the Marietta Plan"s coverage terms for outpatient dialysis do not violate 42 U.S.C. " 1395y(b)(1)(C) because those terms apply uniformly to all covered individuals.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Kavanaugh on June 21, 2022. Justice Kagan filed an opinion dissenting in part, in which Justice Sotomayor joined.

SCOTUSblog Coverage

Announcement of orders and opinions for Tuesday, June 21 (complete) (Angie Gou, June 21, 2022)
Justices validate denial of insurance coverage for outpatient dialysis (Ronald Mann, June 21, 2022)
Justices debate reimbursement requirements for outpatient dialysis (Ronald Mann, March 2, 2022)
Justices to consider yet another Medicare-reimbursement dispute (Ronald Mann, February 25, 2022)
Climate change and immigration policies headline February argument calendar (Amy Howe, December 18, 2021)
One new relist on arbitration clauses (John Elwood, November 10, 2021)
Justices add four new cases to their docket, including Bivens case, but wont reconsider Bivens itself (Amy Howe, November 6, 2021)
Preemption, Bivens, conflicts of interest, and free exercise (John Elwood, November 3, 2021)
Circuit splits on copyright information and health care in jails (Mitchell Jagodinski, June 4, 2021)

Date	Proceedings and Orders (key to color coding)
05/21/2021	Petition for a writ of certiorari filed. (Response due June 24, 2021)
06/24/2021	Waiver of right of respondent Davita Inc., et al. to respond filed.
06/30/2021	DISTRIBUTED for Conference of 9/27/2021.
07/21/2021	Response Requested. (Due August 20, 2021)
08/05/2021	Motion to extend the time to file a response from August 20, 2021 to September 20, 2021, submitted to The Clerk.
08/06/2021	Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2021.
09/20/2021	Brief of respondents Davita Inc., et al. in opposition filed.
10/04/2021	Reply of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed. (Distributed)
10/06/2021	DISTRIBUTED for Conference of 10/29/2021.
11/01/2021	DISTRIBUTED for Conference of 11/5/2021.
11/05/2021	Petition GRANTED.
12/17/2021	ARGUMENT SET FOR Tuesday, March 1, 2022.
12/20/2021	Brief of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed.
12/20/2021	Joint appendix filed. (Statement of costs filed)
12/21/2021	Record requested from the U.S.C.A. 6th Circuit.
12/22/2021	Brief amici curiae of Pacific Health Coalition, et al. filed.
12/23/2021	Brief amicus curiae of United States filed.
12/23/2021	Brief amicus curiae of Self-Insurance Institute of America, Inc. filed.
12/27/2021	The record received from the U.S.C.A. 6th Circuit has been electronically filed.
01/18/2022	CIRCULATED
01/19/2022	Brief of respondents Davita Inc., et al. filed. (Distributed)
01/24/2022	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.
01/26/2022	Brief amicus curiae of Congressman William Thomas filed. (Distributed)
01/26/2022	Brief amicus curiae of Kidney Care Partners filed. (Distributed)
01/26/2022	Brief amicus curiae of Thomas A. Scully filed. (Distributed)
01/26/2022	Brief amicus curiae of National Association for the Advancement of Colored People filed. (Distributed)
01/26/2022	Brief amici curiae of Kidney Care Council and Renal Healthcare Association filed. (Distributed)
01/26/2022	Brief amicus curiae of Dialysis Patient Citizens filed. (Distributed)
01/28/2022	Corrected proof of service with respect to vrief amicus curiae of National Association for the Advancement of Colored People filed.
02/02/2022	Letter of respondents to Clerk regarding disclaimer filed.
02/18/2022	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.
02/18/2022	Reply of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed. (Distributed)
03/01/2022	Argued. For petitioners: John J. Kulewicz, Columbus, Ohio. For United States, as amicus curiae: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Seth P. Waxman, Washington, D. C.
06/21/2022	Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Gorsuch, and Barrett, JJ., joined. Kagan, J., filed an opinion dissenting in part, in which Sotomayor, J., joined.
07/25/2022	JUDGMENT ISSUED