Supreme Court of the United States · Official docket →
Robert M. Kerr, 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. 21-1043 · judgment March 8, 2022
Before the decision, about 9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a petition filed soon after the judgment below.
Questions presented
Four days ago, this Court prudently granted certiorari to “reexamine its holding that Spending Clause legislation gives rise to privately enforceable rights under Section 1983.” Health and Hospital Corp. of Marion County v. Talevski, No. 21-806 (certiorari granted May 2, 2022). As the decision below highlights, the Court’s “caselaw on implied private rights of action remains plagued by confusion and uncertainty.” App.28a (Richardson, J., concurring). And “clarity” is badly needed. Ibid. Granting the instant petition would ensure the Court provides such clarity next Term. First, this petition challenges a final judgment order that was affirmed on appeal (unlike Talevski). Second, this petition gives the Court an opportunity to resolve an “important and recurring” question at the heart of a deep circuit split: whether individual Medicaid recipients have a privately enforceable 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). The questions presented are:
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Whether Spending Clause statutes ever give rise to privately enforceable rights under § 1983, and if so, what is the proper framework for deciding when they do?
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Whether, assuming Spending Clause statutes ever give rise to privately enforceable rights under § 1983, the Medicaid Act’s any-qualified-provider provision creates a privately enforceable right to challenge a state’s determination that a provider is not qualified to provide certain medical services.
Counsel of record
For petitioner
John J. Bursch
Alliance Defending Freedom
For respondent
Nicole A. Saharsky
Mayer Brown LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
6 cert-stage
Proceedings
- Jul 24 2023Judgment issued.
- Jun 20 2023Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Health and Hospital Corporation of Marion Cty. v. Talevski, 599 U. S. ___ (2023).
- Jun 14 2023Supplemental brief of petitioner Robert M. Kerr filed. (Distributed)
- Jun 12 2023DISTRIBUTED for Conference of 6/15/2023.
- Aug 30 2022Reply of petitioner Robert M. Kerr filed. (Distributed)
- Aug 24 2022DISTRIBUTED for Conference of 9/28/2022.
- Aug 10 2022Brief of respondents Planned Parenthood South Atlantic, et al. in opposition filed.
- Jul 01 2022Motion to extend the time to file a response is granted and the time is further extended to and including August 10, 2022.
- Jun 30 2022Motion to extend the time to file a response from July 11, 2022 to August 10, 2022, submitted to The Clerk.
- Jun 06 2022Motion to expedite consideration of the petition for a writ of certiorari, as amended on May 27, 2022, DENIED.
- Jun 06 2022Motion to extend the time to file a response is granted and the time is extended to and including July 11, 2022.
- Jun 01 2022Motion to extend the time to file a response from June 10, 2022 to July 11, 2022, submitted to The Clerk.
- Jun 01 2022Response to motion to extend the time to file a response from petitioner filed.
- May 27 2022Amended motion to expedite consideration of petition for writ of certiorari filed by petitioner.
- May 19 2022Letter form counsel for petitioner filed.
- May 17 2022Motion DISTRIBUTED for Conference of 6/2/2022.
- May 16 2022Brief amici curiae of Indiana, et al. filed.
- May 16 2022Brief amici curiae of 128 Members of Congress filed.
- May 12 2022Amicus brief of Americans United for Life not accepted for filing. (May 16, 2022) (duplicate efiling)
- May 12 2022Brief amicus curiae of Americans United for Life filed.
- May 11 2022Brief amicus curiae of American Center for Law and Justice filed.
- May 11 2022Brief amici curiae of 102 South Carolina Legislators filed.
- May 11 2022Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed.
- May 06 2022Petition for a writ of certiorari filed. (Response due June 10, 2022)
- May 06 2022Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner Robert M. Kerr.