Supreme Court of the United States · Official docket →
Xavier Becerra, Secretary of Health and Human Services, et al. v. Charles Gresham, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5094, 19-5096
Before the decision, about 20.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a D.C. Circuit decision below.
Question presented
The Social Security Act, 42 U.S.C. 301 et seq., authorizes the Secretary of Health and Human Services to approve "any experimental, pilot, or demonstration project" proposed by a State that, ''in the judgment of the Secretary, is likely to assist in promoting the objectives" of the Medicaid program. 42 U.S.C. 1316(a). Exercising that authority, the Secretary approved demonstration projects in Arkansas and New Hampshire designed to test whether certain requirements promote those objectives by requiring certain working-age, nondisabled adults to engage in work or skill-building activities (such as job-skills training or general education) as a condition of continued eligibility for Medicaid benefits. The Secretary determined that such requirements may help beneficiaries transition to employer sponsored or federally subsidized commercial coverage and may lead to improved beneficiary health, which in turn may help States conserve resources that can be redirected to providing other coverage. The court of appeals held the Secretary's approvals unlawful. It concluded that ''the principal objective of Medicaid is providing health care coverage," and that the Secretary had failed adequately to consider whether the projects would further that objective. App., infra, 9a-10a; see id. At 12a21a. The question presented is as follows: Whether the court of appeals erred in concluding that the Secretary may not authorize demonstration projects to test requirements that are designed to promote the provision of health-care coverage by means of facilitating the transition of Medicaid beneficiaries to commercial coverage and improving their health. Consolidated with 20-38 and a total of one hour is allotted for oral argument ORDER OF APRIL 5, 2021: UPON CONSIDERATION OF THE MOTION OF PETITIONERS TO VACATE THE JUDGMENTS OF THE COURT OF APPEALS AND REMAND, TO REMOVE THE CASES FROM THE MARCH 2021 ARGUMENT CALENDAR, AND TO HOLD FURTHER BRIEFING IN ABEYANCE, THESE CASES ARE HELD IN ABEYANCE PENDING FURTHER ORDER OF THE COURT.
Counsel of record
For petitioner
Nicholas Jacob Bronni
Solicitor General of Arkansas
For respondent
Ian Heath Gershengorn
Jenner & Block
Case
Conference history
Distributed for 2 conferences
Amicus briefs
10 merits
(3 supporting pet./neither, 7 respondent)
Related
Vide, 20-38
Argument & decision
Decided May 20, 2022.
Proceedings
- May 20 2022Judgment Issued
- Apr 18 2022The motion to vacate the judgments is granted. The judgment of the United States Court of Appeals for the District of Columbia Circuit in Nos. 19-5094 and 19-5096 is vacated, and the cases are remanded to that court with instructions to direct the District Court to vacate its judgment and dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). The judgment of the United States Court of Appeals for the District of Columbia Circuit in Nos. 19-5293 and 19-5295 is vacated, and the cases are remanded to that court with instructions to direct the District Court to remand to the Secretary of Health and Human Services. VIDED.
- Apr 01 2022Suggestion of mootness and motion to vacate the judgements of the court of appeals and to remand filed by petitioner Xavier Becerra, Secretary of Health and Human Services, et al. VIDED. (Distributed)
- Jun 11 2021Letter of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED.
- Apr 05 2021Upon consideration of the motion of petitioners to vacate the judgments of the court of appeals and remand, to remove the cases from the March 2021 argument calendar, and to hold further briefing in abeyance, these cases are held in abeyance pending further order of the Court. VIDED.
- Mar 22 2021Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED (Distributed)
- Mar 22 2021Reply of petitioner State of Arkansas filed. VIDED. (Distributed)
- Mar 11 2021Nos. 20-37 and 20-38 are removed from the calendar for the March 2021 argument session. VIDED.
- Feb 25 2021Amicus brief of Health Care Provider Organizations and Patient Groups not accepted for filing. (February 26, 2021 - Corrected brief to be submitted)
- Feb 25 2021Brief amici curiae of Health Care Provider Organizations and Patient Groups filed. VIDED. (Distributed)
- Feb 25 2021Brief amici curiae of AARP, et al. filed. (Distributed) VIDED
- Feb 25 2021Brief amici curiae of Leukemia & Lymphoma Society, et al. filed. VIDED. (Distributed)
- Feb 25 2021Brief amici curiae of Texas Medical-Legal Partnerships filed. VIDED. (Distributed)
- Feb 25 2021Brief amici curiae of Public Health, Healthy Policy and Medicine Deans, Chairs and Scholars filed. VIDED. (Distributed)
- Feb 24 2021Reply in support of motion to vacate the judgments of the court of appeals and remand, remove the cases from the March 2021 argument calendar, and to hold further briefing in abeyance filed by petitioners Norris Cochran, Acting Secretary of Health and Human Services, et al. VIDED. (Distributed)
- Feb 24 2021Brief amici curiae of The National Women's Law Center, et al. filed. (Distributed). VIDED
- Feb 23 2021Brief amicus curiae of Nebraska Appleseed filed. VIDED. (Distributed)
- Feb 22 2021Motion to vacate the judgments of the court of appeals and remand, remove the cases from the March 2021 argument calendar, and to hold further briefing in abeyance filed by petitioners Norris Cochran, Acting Secretary of Health and Human Services, et al. VIDED. (Distributed)
- Feb 22 2021Response in opposition to request to vacate the judgments of the court of appeals from petitioner State of Arkansas filed. VIDED. (Distributed)
- Feb 22 2021CIRCULATED.
- Feb 18 2021Brief of respondents Charles Gresham, et al. filed. VIDED.
- Feb 08 2021Record from the U.S.C.A. District of Columbia Circuit is electronic and located on Pacer.
- Feb 08 2021Record from the U.S. District and Bankruptcy Courts are electronic and located on Pacer.
- Feb 04 2021Record requested from the U.S.C.A. D.C. Circuit.
- Feb 01 2021SET FOR ARGUMENT on Monday, March 29, 2021. VIDED.
- Jan 26 2021Brief amicus curiae of State of Nebraska filed. VIDED.
- Jan 26 2021Brief amici curiae of States of Indiana, et al., filed. VIDED.
- Jan 26 2021Brief amicus curiae of Foundation for Government Accountability filed. VIDED.
- Jan 19 2021Brief of respondent New Hampshire Department of Health and Human Services in support filed (in 20-37).
- Jan 19 2021Brief of Federal Petitioners filed. VIDED.
- Jan 19 2021Brief of petitioner State of Arkansas filed. VIDED.
- Jan 11 2021Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.
- Dec 29 2020Motion to dispense with printing the joint appendix filed by petitioners Alex M. Azar II, Secretary of Health and Human Services, et al. VIDED.
- Dec 04 2020Petition GRANTED. The petition for a writ of certiorari in No. 20-38 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
- Dec 04 2020Because 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. 20-37. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-37. 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.”
- Nov 30 2020DISTRIBUTED for Conference of 12/4/2020.
- Nov 04 2020DISTRIBUTED for Conference of 11/20/2020.
- Nov 04 2020Reply of petitioners alex m. azar ii, secretary of health and human services, et al. filed. (Distributed)
- Oct 16 2020Brief of respondents Charles Gresham, et al. in opposition filed. VIDED.
- Aug 14 2020Brief of respondent New Hampshire Department of Health and Human Services in support filed.
- Aug 10 2020Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2020.
- Aug 07 2020Motion to extend the time to file a response from August 17, 2020 to October 16, 2020, submitted to The Clerk.
- Jul 13 2020Petition for a writ of certiorari filed. (Response due August 17, 2020)