No. 23-250
Vide 23-253
Title:Xavier Becerra, Secretary of Health and Human Services, et al., Petitioners
San Carlos Apache Tribe
Docketed:September 15, 2023
Linked with 23A103
Lower Ct:United States Court of Appeals for the Ninth Circuit
   Case Numbers:(21-15641)
   Decision Date:November 21, 2022
   Rehearing Denied:May 16, 2023
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Aug 03 2023Application (23A103) to extend the time to file a petition for a writ of certiorari from August 14, 2023 to September 13, 2023, submitted to Justice Kagan.
Main DocumentProof of Service
Aug 04 2023Application (23A103) granted by Justice Kagan extending the time to file until September 13, 2023.
Sep 13 2023Petition for a writ of certiorari filed. (Response due October 16, 2023)
PetitionProof of Service
Oct 11 2023Response to petition from respondent San Carlos Apache Tribe filed.
Main DocumentProof of ServiceCertificate of Word Count
Oct 20 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
Main Document
Oct 24 2023DISTRIBUTED for Conference of 11/9/2023.
Oct 24 2023Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. (Distributed)
Main DocumentCertificate of Word Count
Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
Nov 20 2023Petition GRANTED. The petition for a writ of certiorari in No. 23-253 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
Nov 20 2023Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-250. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-250. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Attorneys for Petitioners
Elizabeth B. Prelogar
    Counsel of Record
Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Party name: Xavier Becerra, Secretary of Health and Human Services, et al.
Attorneys for Respondent
Lloyd Benton Miller
    Counsel of Record
Sonosky, Chambers, Sachse, Endreson & Perry LLP
1425 K Street, NW
Washington, DC 20005
(202) 682-0240
Party name: San Carlos Apache Tribe
Carter G. PhillipsSidley Austin LLP
Sidley Austin LLP
1501 K Street, N.W.
Washington, DC 20005

+1 202 736 8270
Party name: San Carlos Apache Tribe