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Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals v. Planned Parenthood of Gulf Coast, Inc., et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 15-30987 · judgment June 29, 2017

Certiorari denied · December 10, 2018
Pre-decision estimate: 42% cert probability (95% interval 29%–57%)

Before the decision, about 10.2× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Fifth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Whether individual Medicaid recipients have a private right of action under 42 U.S.C. § 1396a(a)(23) to challenge the merits of a state’s disqualification of a Medicaid provider. (The question presented is essentially the same presented by the petition in Andersen v. Planned Parenthood of Kansas and MidMissouri, Case No. 17-1340.)

Counsel of record

For petitioner
Elizabeth Baker Murrill
Office of the Attorney General

For respondent
Carrie Y. Flaxman
Planned Parenthood Federation of America

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 9 conferences

Amicus briefs
4 cert-stage

Linked docket
17A810

Argument & decision

Decided December 10, 2018.

Proceedings

  1. Dec 10 2018
    Petition DENIED Justice Thomas, with whom Justice Alito and Justice Gorsuch join, dissenting from the denial of certiorari. (Detached Opinion)
  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. Aug 02 2018
    Reply of petitioner Rebekah Gee filed. (Distributed)
  11. Jul 18 2018
    DISTRIBUTED for Conference of 9/24/2018.
  12. Jul 02 2018
    Brief of respondents Planned Parenthood of Gulf Coast, Inc., et al. in opposition filed.
  13. May 31 2018
    Brief amici curiae of Twenty-Seven Family Policy Organizations filed.
  14. May 31 2018
    Brief amici curiae of Ninety Members of Congress filed.
  15. May 31 2018
    Brief amici curiae of States of Indiana, et al. filed.
  16. May 30 2018
    Brief amicus curiae of American Center for Law and Justice filed.
  17. May 25 2018
    Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2018.
  18. May 23 2018
    Motion to extend the time to file a response from May 31, 2018 to June 30, 2018, submitted to The Clerk.
  19. Apr 27 2018
    Petition for a writ of certiorari filed. (Response due May 31, 2018)
  20. Feb 01 2018
    Application (17A810) granted by Justice Alito extending the time to file until April 27, 2018.
  21. Jan 30 2018
    Application (17A810) to extend the time to file a petition for a writ of certiorari from February 26, 2018 to April 27, 2018, submitted to Justice Alito.
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