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
 
Proceedings and Orders
Mar 19 2021 Petition for a writ of certiorari filed. (Response due April 19, 2021)
Petition Proof 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 Document Proof of Service Certificate 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 Document Proof 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 Document Certificate of Word Count
Sep 01 2021 Joint appendix filed. (Statement of costs filed)
Main Document Proof of Service
Sep 08 2021 Brief amicus curiae of Americans for Prosperity Foundation in Support of Neither Party filed.
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof of Service
Oct 25 2021 Brief amicus curiae of The Federation of American Hospitals filed.
Main Document Proof of Service Certificate of Word Count
Oct 25 2021 Brief amici curiae of Certain Hospitals and Hospital Systems filed.
Main Document Certificate of Word Count Proof of Service
Oct 29 2021 CIRCULATED
Nov 17 2021 Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
Main Document Proof 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
Attorneys
Attorneys for Petitioners
Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Becerra, Xavier, Secretary of Health and Human Services


Attorneys for Respondents
Daniel J. Hettich
Counsel of Record
King & Spalding, LLP
1700 Pennsylvania Avenue, NW, Suite 200
Washington, DC 20006

DHettichAppeals@kslaw.com
Ph: (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
Ph: (650) 422-6710
Party name: Empire Health Foundation, for Valley Hospital Medical Center


Other Attorneys
Kelly Anne Carroll
Counsel of Record
Hooper, Lundy & Bookman, P.C.
401 9th Street, NW Suite 550
Washington, DC 20004

kcarroll@health-law.com
Ph: 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
Ph: (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
Ph: 5713294529
Party name: Americans for Prosperity Foundation