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Jeff Andersen, Secretary, Kansas Department of Health and Environment v. Planned Parenthood of Kansas and Mid-Missouri, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-3249 · judgment February 21, 2018

Certiorari denied · December 10, 2018
Pre-decision estimate: 60% cert probability (95% interval 44%–74%)

Before the decision, about 14.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and a circuit split argued in the petition.

Question presented

The Medicaid Act requires participating states to include in their plans the ability of eligible individuals to obtain services from any “qualified” provider, 42 U.S.C. § 1396a(a)(23), but grants states broad authority to exclude providers for violating state or federal requirements, 42 U.S.C. § 1396a(p). Do these provisions indicate that Congress clearly and unambiguously intended to create an implied private right of action to challenge a state’s determination that a provider is not “qualified” under the applicable state regulations?

Counsel of record

For petitioner
Patrick Strawbridge
Consovoy McCarthy PLLC

For respondent
Diana Olga Salgado
Planned Parenthood Federation of America

Case

Conference history
Distributed for 10 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Dec 10 2018
    Petition DENIED. Justice Thomas, with whom Justice Alito and Justice Gorsuch join, dissenting from the denial of certiorari: I dissent for the reasons set out in Gee v. Planned Parenthood, 586 U. S. ___ (2018) (Thomas, J., dissenting).
  2. Dec 03 2018
    DISTRIBUTED for Conference of 12/7/2018.
  3. Nov 26 2018
    DISTRIBUTED for Conference of 11/30/2018.
  4. Nov 13 2018
    DISTRIBUTED for Conference of 11/16/2018.
  5. Nov 05 2018
    DISTRIBUTED for Conference of 11/9/2018.
  6. Oct 29 2018
    DISTRIBUTED for Conference of 11/2/2018.
  7. Oct 22 2018
    DISTRIBUTED for Conference of 10/26/2018.
  8. Oct 09 2018
    DISTRIBUTED for Conference of 10/12/2018.
  9. Oct 01 2018
    DISTRIBUTED for Conference of 10/5/2018.
  10. Jul 18 2018
    DISTRIBUTED for Conference of 9/24/2018.
  11. Jun 05 2018
    Rescheduled.
  12. Jun 01 2018
    Reply of petitioner Jeff Andersen, Secretary, Kansas Department of Health and Environment filed. (Distributed)
  13. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  14. May 24 2018
    Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
  15. May 23 2018
    Brief of respondents Planned Parenthood of Kansas, et al. in opposition filed.
  16. May 22 2018
    Motion to further extend the time to file a response denied.
  17. May 16 2018
    Motion to extend the time to file a response from May 23, 2018 to June 22, 2018, submitted to The Clerk.
  18. May 16 2018
    Response to motion to extend the time to file a response from petitioner filed.
  19. Apr 23 2018
    Brief amicus curiae of Americans United for Life filed.
  20. Apr 23 2018
    Brief amici curiae of State of Indiana, et al. filed.
  21. Apr 19 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2018.
  22. Apr 16 2018
    Motion to extend the time to file a response from April 23, 2018 to May 23, 2018, submitted to The Clerk.
  23. Mar 21 2018
    Petition for a writ of certiorari filed. (Response due April 23, 2018)