Supreme Court of the United States · Official docket →
Joshua Baker, Director, South Carolina Department of Health and Human Services v. Planned Parenthood South Atlantic, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-2133 · judgment October 29, 2019
Before the decision, about 12.7× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a circuit split argued in the petition.
Questions presented
Last Term, three members of this Court urged review of an “important and recurring” question at the heart of a (now) 6-1 circuit split—whether Medicaid recipients have a private right to demand a provider of their choice. Gee v. Planned Parenthood of Gulf Coast, Inc, 139 S. Ct. 408, 409 (2018) (Thomas, J., dissenting from denial of certiorari). That question results from a broader circuit conflict, equally “worthy of this Court’s attention,” involving inconsistent application of this Court’s precedents when deciding whether to read private rights into ambiguous statutory text in Spending Clause statutes. Ibid.; App.41a (Richardson, J., concurring). The result has been confusion and disparate treatment of litigants. The questions presented are: 1. Whether Medicaid recipients have a private right of action under 42 U.S.C. 1983 and 42 U.S.C. 1396a(a)(23) to challenge a state’s determination that a specific provider is not qualified to provide certain medical services. 2. What is the proper framework for deciding whether a statute creates a private right enforceable under 42 U.S.C. 1983?
Counsel of record
For petitioner
John J. Bursch
Alliance Defending Freedom
For respondent
Alice Clapman
Planned Parenthood Federation of America
Proceedings
- Oct 13 2020Petition DENIED.
- Oct 08 2020Supplemental brief of petitioner Joshua Baker submitted.
- Sep 22 2020Supplemental brief of respondents Planned Parenthood South Atlantic, et al. filed. (Distributed)
- Sep 16 2020DISTRIBUTED for Conference of 10/9/2020.
- Sep 15 2020Reply of petitioner Joshua Baker filed. (Distributed)
- Aug 07 2020Motion to delay distribution of the petition for a writ certiorari until September 16, 2020, granted.
- Aug 06 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from August 12, 2020 to September 16, 2020, submitted to The Clerk.
- Jul 29 2020Brief of respondents Planned Parenthood South Atlantic, et al. in opposition filed.
- Jun 19 2020Motion to extend the time to file a response is granted and the time is further extended to and including July 29, 2020.
- Jun 18 2020Motion to extend the time to file a response from June 29, 2020 to July 29, 2020, submitted to The Clerk.
- May 22 2020Motion to extend the time to file a response is granted and the time is further extended to and including June 29, 2020.
- May 21 2020Motion to extend the time to file a response from May 29, 2020 to June 29, 2020, submitted to The Clerk.
- Apr 29 2020Brief amicus curiae of American Center for Law and Justice filed.
- Apr 29 2020Brief amici curiae of Nebraska, Indiana, and 17 Other States filed.
- Apr 29 2020Brief amici curiae of 137 Members of Congress filed.
- Apr 29 2020Brief amici curiae of Family Policy Councils filed.
- Apr 29 2020Brief amici curiae of 86 Current and 2 Former South Carolina Legislators filed.
- Apr 29 2020Brief amicus curiae of Americans United for Life filed.
- Apr 24 2020Motion to extend the time to file a response from April 29, 2020 to May 29, 2020, submitted to The Clerk.
- Apr 24 2020Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2020.
- Apr 14 2020Blanket Consent filed by Petitioner, Joshua Baker
- Mar 27 2020Petition for a writ of certiorari filed. (Response due April 29, 2020)
- Jan 08 2020Application (19A752) granted by The Chief Justice extending the time to file until March 27, 2020.
- Jan 03 2020Application (19A752) to extend the time to file a petition for a writ of certiorari from January 27, 2020 to March 27, 2020, submitted to The Chief Justice.