| No. 20-1312 | |
| Title: | Xavier Becerra, Secretary of Health and Human Services, Petitioner v. Empire Health Foundation, for Valley Hospital Medical Center |
| Docketed: | March 19, 2021 |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (18-35845, 18-35872) |
| Decision Date: | May 5, 2020 |
| Rehearing Denied: | October 20, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 19 2021 | Petition for a writ of certiorari filed. (Response due April 19, 2021) |
| PetitionProof of Service | |
| Mar 30 2021 | Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk. |
| Main Document | |
| Mar 31 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021. |
| May 19 2021 | Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021. |
| Jun 08 2021 | Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed) |
| Main DocumentProof of Service | |
| Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021. |
| Jul 02 2021 | Petition GRANTED. |
| Jul 19 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 21 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 1, 2021. The time to file respondent's brief on the merits is extended to and including October 18, 2021. |
| Sep 01 2021 | Brief of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. |
| Main DocumentCertificate of Word Count | |
| Sep 01 2021 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Sep 08 2021 | Brief amicus curiae of Americans for Prosperity Foundation in Support of Neither Party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 20 2021 | SET FOR ARGUMENT on Monday, November 29, 2021. |
| Sep 27 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer. |
| Oct 18 2021 | Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 25 2021 | Brief amicus curiae of The Federation of American Hospitals filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 25 2021 | Brief amici curiae of Certain Hospitals and Hospital Systems filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 29 2021 | CIRCULATED |
| Nov 17 2021 | Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed) |
| Main DocumentProof of Service | |
| Nov 23 2021 | Letter regarding statistics in reply brief on the merits filed by petitioner. (Distributed) |
| Main Document | |
| Nov 29 2021 | Argued. For petitioner: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Daniel J. Hettich, Washington, D. C. |
| Jun 24 2022 | Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Thomas, Breyer, Sotomayor, and Barrett, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., and Alito and Gorsuch, JJ., joined. |
| Jul 26 2022 | JUDGMENT ISSUED |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Elizabeth B. Prelogar 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: Becerra, Xavier, Secretary of Health and Human Services | ||
| Attorneys for Respondent | ||
| Daniel J. Hettich Counsel of Record | King & Spalding, LLP 1700 Pennsylvania Avenue, NW, Suite 200 Washington, DC 20006 DHettichAppeals@kslaw.com | (202) 626-9128 |
| Party name: Empire Health Foundation, for Valley Hospital Medical Center | ||
| Anne Margaret Voigts | King & Spalding LLP 601 S. California Ave., Ste. 100 Los Altos, CA 94024 avoigts@kslaw.com | (650) 422-6710 |
| Party name: Empire Health Foundation, for Valley Hospital Medical Center | ||
| Other | ||
| Kelly Anne Carroll Counsel of Record | Hooper, Lundy & Bookman, P.C. 401 9th Street, NW Suite 550 Washington, DC 20004 kcarroll@health-law.com | 2025807712 |
| Party name: The Federation of American Hospitals | ||
| David Alexander Hickerson Counsel of Record | Foley & Lardner LLP Washington Harbour 3000 K Street, N.W., Suite 600 Washington, DC 20007-5109 dhickerson@foley.com | (202) 672-5467 |
| Party name: Certain Hospitals and Hospital Systems | ||
| Michael David Pepson Counsel of Record | Americans for Prosperity Foundation 1310 N. Courthouse Rd., Ste. 700 Arlington, VA 22201 mpepson@afphq.org | 5713294529 |
| Party name: Americans for Prosperity Foundation | ||