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
Questions Presented
 
Proceedings and Orders
Feb 16 2018 Application (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 Document Proof of Service
Feb 21 2018 Application (17A880) granted by The Chief Justice extending the time to file until March 29, 2018.
Mar 19 2018 Application (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 Request Proof of Service
Mar 22 2018 Application (17A880) granted by The Chief Justice extending the time to file until April 27, 2018.
Apr 27 2018 Petition for a writ of certiorari filed. (Response due May 30, 2018)
May 23 2018 Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk.
May 24 2018 Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2018.
Jun 19 2018 Brief of respondents Allina Health Services, et al. in opposition filed.
Jul 03 2018 DISTRIBUTED for Conference of 9/24/2018.
Jul 05 2018 Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
Sep 27 2018 Petition 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 2018 Justice Kavanaugh is recused in this case.
Nov 13 2018 Joint appendix filed.
Nov 13 2018 Brief of petitioner Alex M. Azar II, Secretary of Health and Human Services filed.
Nov 28 2018 SET FOR ARGUMENT ON Tuesday, January 15, 2019
Nov 30 2018 CIRCULATED
Dec 11 2018 Record requested from the U.S.C.A. District of Columbia Circuit.
Dec 13 2018 Brief of respondents Allina Health Services, et al. filed. (Distributed)
Dec 14 2018 Record 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 2018 Brief amici curiae of American Medical Association and Medical Society of the District of Columbia filed. (Distributed)
Dec 20 2018 Brief amici curiae of American Hospital Association, et al. filed. (Distributed)
Dec 20 2018 Brief amici curiae of 77 Hospitals and Southwest Consulting Associates filed. (Distributed)
Dec 20 2018 Brief amici curiae of Catholic Health, et al. filed. (Distributed)
Dec 20 2018 Brief amici curiae of Fourteen State and Regional Hospital Associations filed. (Distributed)
Jan 08 2019 Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
Jan 15 2019 Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Pratik A. Shah, Washington, D. C.
Jun 03 2019 Adjudged 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 2019 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Noel John Francisco
Counsel of Record
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: Alex M. Azar II, Secretary of Health and Human Services


Attorneys for Respondents
Stephanie A. Webster
Counsel of Record
Ropes & Gray LLP
2099 Pennsylvania Avenue, N.W.
Washington, DC 20006

stephanie.webster@ropesgray.com
Ph: 202-508-4859
Party name: Allina Health Services, et al.


Pratik Arvind Shah
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street N.W.
Washington, DC 20006

PSHAH@AKINGUMP.COM
Ph: 202-887-4000
Party name: Allina Health Services, et al.


Other Attorneys
John J. Bursch
Alliance Defending Freedom
440 First Street NW
Suite 600
Washington, DC 20001

jbursch@adflegal.org
Ph: (616) 450-4235
Party name: Catholic Health, et al.


Paul D. Clement
Clement & Murphy, PLLC
706 Duke Street
Alexandria, VA 22314

PAUL.CLEMENT@CLEMENTMURPHY.COM
Ph: (202) 742-8900
Party name: 77 Hospitals and Southwest Consulting Associates


Tacy Fletcher Flint
Sidley Austin LLP
1 S. Dearborn St.
Chicago, IL 60603

tflint@sidley.com
Ph: 312-853-7000
Party name: American Medical Association and Medical Society of the District of Columbia


Chad Ian Golder
American Hospital Association
Two City Center, Suite 400
800 Tenth Street, NW
Washington, DC 20001

chadgolder@gmail.com
Ph: (202) 638-1100
Party name: Fourteen State and Regional Hospital Associations


Sean Marotta
Hogan Lovells US LLP
555 Thirteenth Street, N.W.
Washington, DC 20004

SEAN.MAROTTA@HOGANLOVELLS.COM
Ph: 2026374881
Party name: American Hospital Association, Federation of American Hospitals, and Association of American Medical Colleges