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American Hospital Association, et al. v. Xavier Becerra, Secretary of Health and Human Services

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5352, 19-5353, 19-5354 · judgment July 17, 2020

Certiorari denied · June 28, 2021
Pre-decision estimate: 15% cert probability (95% interval 9%–22%)

Before the decision, about 3.6× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.

Question presented

Whether Chevron deference applies to a statutory interpretation question that determines both the lawfulness of agency action and the court’s jurisdiction. (i)

Counsel of record

For petitioner
Catherine Emily Stetson
Hogan Lovells US LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Aug 23 2021
    Rehearing DENIED.
  2. Jul 29 2021
    DISTRIBUTED.
  3. Jul 23 2021
    Petition for Rehearing filed.
  4. Jun 28 2021
    Petition DENIED.
  5. Jun 21 2021
    DISTRIBUTED for Conference of 6/24/2021.
  6. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  7. May 28 2021
    Reply of petitioners American Hospital Association, et al. filed. (Distributed)
  8. May 13 2021
    Brief amici curiae of Digestive Health Physicians Association et al. filed.
  9. May 13 2021
    Brief of respondent Xavier Becerra, Secretary of Health and Human Services in opposition filed.
  10. Apr 09 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2021.
  11. Apr 08 2021
    Motion to extend the time to file a response from April 14, 2021 to May 13, 2021, submitted to The Clerk.
  12. Mar 04 2021
    Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
  13. Mar 03 2021
    Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
  14. Feb 23 2021
    Brief amici curiae of 33 State and Regional Hospital Associations filed.
  15. Feb 10 2021
    Petition for a writ of certiorari filed. (Response due March 15, 2021)