No. 17-1484
Title:Alex M. Azar, II, Secretary of Health and Human Services, Petitioner
v.
Allina Health Services, et al.
Docketed:April 30, 2018
Linked with 17A880
Lower Ct:United States Court of Appeals for the District of Columbia Circuit
   Case Numbers:(16-5255)
   Decision Date:July 25, 2017
   Rehearing Denied:November 29, 2017
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Feb 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.
Main DocumentProof of Service
Feb 21 2018Application (17A880) granted by The Chief Justice extending the time to file until March 29, 2018.
Mar 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.
Written RequestProof of Service
Mar 22 2018Application (17A880) granted by The Chief Justice extending the time to file until April 27, 2018.
Apr 27 2018Petition for a writ of certiorari filed. (Response due May 30, 2018)
Proof of ServicePetitionProof of ServiceAppendix
May 23 2018Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk.
Main Document
May 24 2018Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2018.
Jun 19 2018Brief of respondents Allina Health Services, et al. in opposition filed.
Main DocumentCertificate of Word CountProof of Service
Jul 03 2018DISTRIBUTED for Conference of 9/24/2018.
Jul 05 2018Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
Proof of ServiceMain Document
Sep 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.
Oct 19 2018Justice Kavanaugh is recused in this case.
Nov 13 2018Joint appendix filed.
Proof of ServiceMain Document
Nov 13 2018Brief of petitioner Alex M. Azar II, Secretary of Health and Human Services filed.
Certificate of Word CountMain Document
Nov 28 2018SET FOR ARGUMENT ON Tuesday, January 15, 2019
Nov 30 2018CIRCULATED
Dec 11 2018Record requested from the U.S.C.A. District of Columbia Circuit.
Dec 13 2018Brief of respondents Allina Health Services, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 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.
Dec 20 2018Brief amici curiae of American Medical Association and Medical Society of the District of Columbia filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 20 2018Brief amici curiae of American Hospital Association, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 20 2018Brief amici curiae of 77 Hospitals and Southwest Consulting Associates filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 20 2018Brief amici curiae of Catholic Health, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 20 2018Brief amici curiae of Fourteen State and Regional Hospital Associations filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 08 2019Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
Proof of ServiceMain Document
Jan 15 2019Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Pratik A. Shah, Washington, D. C.
Jun 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.
Jul 05 2019JUDGMENT ISSUED.

NAMEADDRESSPHONE
Attorneys for Petitioner
Noel J. Francisco
    Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: Alex M. Azar II, Secretary of Health and Human Services
Attorneys for Respondents
Stephanie A. Webster
    Counsel of Record
Akin Gump Strauss Hauer & Feld
1333 New Hampshire Avenue, N.W.
Washington, DC 20036

swebster@akingump.com
202-887-4000
Party name: Allina Health Services, et al.
Pratik Arvind ShahAkin Gump Strauss Hauer & Feld, LLP
2001 K Street N.W.
Washington, DC 20006

pshah@akingump.com
202-887-4210
Party name: Allina Health Services, et al.
Other
John J. Bursch
    Counsel of Record
Bursch Law PLLC
9339 Cherry Valley SE, #78
Caledonia, MI 49316

jbursch@burschlaw.com
(616) 450-4235
Party name: Catholic Health, et al.
Paul D. Clement
    Counsel of Record
Kirkland & Ellis LLP
655 Fifteenth Street, NW
Washington, DC 20005

paul.clement@kirkland.com
(202) 879-5000
Party name: 77 Hospitals and Southwest Consulting Associates
Tacy Fletcher Flint
    Counsel of Record
Sidley Austin LLP
One South Dearborn Street
Chicago, IL 60603

tflint@sidley.com
312-853-7875
Party name: American Medical Association and Medical Society of the District of Columbia
Chad Ian Golder
    Counsel of Record
Munger, Tolles & Olson LLP
1155 F Street, NW
7th Floor
Washington, DC 20004

chad.golder@mto.com
(202) 220-1103
Party name: Fourteen State and Regional Hospital Associations
Sean Marotta
    Counsel of Record
Hogan Lovells US LLP
555 Thirteenth Street, N.W.
Washington, DC 20004

sean.marotta@hoganlovells.com
2026374881
Party name: American Hospital Association, Federation of American Hospitals, and Association of American Medical Colleges