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Eunice Medina, 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 5, 2024
Before the decision, about 15.6× 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
Granted limited to question 1 presented by the petition. More than 30 years ago, this Court first applied what would become known as the "Blessing factors," holding that a Medicaid Act provision created a privately enforceable right to certain reimbursement rates. Wilder v. Va. Hosp. Ass'n, 496 U.S. 498, 509-10 (1990). Later, the Court distilled from Wilder a multi-factor test for deciding whether a "statutory provision gives rise to a federal right" privately enforceable under Section
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Blessing v. Freestone, 520 U.S. 329, 340 (1997). Five years later, though, the Court disparaged Blessing's test while clarifying that only "an unambiguously conferred right is enforceable by § 1983." Gonzaga University v. Doe, 536 U.S. 273, 282 (2002). Then, in Health & Hospital Corp. of Marion County v. Talevski, 599 U.S. 166, 180 (2023), the Court doubled down on Gonzaga's "demanding bar." The Court did not apply Blessing or Wilder in Talevski, but it did not overrule them either. After the Court GVR'd this case in light of Talevski, the Fourth Circuit applied Wilder and Blessing again and reaffirmed its prior opinions, maintaining a 5-2 circuit split over the first question presented and a 3-1 circuit split over the proper reading of O'Bannon v. Town Court Nursing Center, 447 U.S. 773 (1980), which frames the second question. Those questions are:
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Whether the Medicaid Act's any-qualified-provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider.
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What is the scope of a Medicaid beneficiary's alleged right to choose a provider that a state has deemed disqualified? THE PETITION FOR CERTIORARI IS GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.
Counsel of record
For petitioner
John J. Bursch
Alliance Defending Freedom
For respondent
Nicole A. Saharsky
Mayer Brown LLP
Case
Conference history
Distributed for 9 conferences
Amicus briefs
9 cert-stage · 35 merits
(19 supporting pet./neither, 16 respondent)
Argument & decision
Argued April 2, 2025 — John J. Bursch · Nicole A. Saharsky. Audio and transcript
Decided June 26, 2025. Opinion by Gorsuch.
Proceedings
- Jul 28 2025Judgment Issued.
- Jun 26 2025Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Jackson, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
- Apr 02 2025Argued. For petitioner: John J. Bursch, Washington, D. C.; and Kyle D. Hawkins, Counselor to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nicole A. Saharsky, Washington, D. C.
- Mar 24 2025Reply of petitioner Eunice Medina, Director, South Carolina Department of Health and Human Services filed. (Distributed)
- Mar 21 2025Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Mar 12 2025Record received electronically from the United States District Court for the District of South Carolina and available with the Clerk.
- Mar 12 2025Amicus brief of 138 Women Hurt By Planned Parenthood Abortions And The Non-Profit Organization "And Then There Were None" as Amici Curiae In Support of Petitioners not accepted for filing. (March 13, 2025--to be resubmitted under relevant entity.)
- Mar 12 2025Brief amici curiae of Medicaid Beneficiaries filed. (Distributed)
- Mar 12 2025Brief amici curiae of American Cancer Society Cancer Action Network, et al. filed. (Distributed)
- Mar 12 2025Brief amici curiae of American Public Health Association, et al. filed. (Distributed)
- Mar 12 2025Brief amici curiae of Health Policy Scholars filed. (Distributed)
- Mar 12 2025Brief amici curiae of Religious Organizations and Faith Leaders filed. (Distributed)
- Mar 12 2025Brief amici curiae of National Health Law Program, et al. filed. (Corrected brief and PDF to be reprinted and submitted - March 14, 2025.)
- Mar 12 2025Brief amici curiae of National Health Law Program, et al. filed (corrected - March 17, 2025). (Distributed)
- Mar 12 2025Brief amicus curiae of Information Society Project at Yale Law School filed. (Distributed)
- Mar 12 2025Brief amici curiae of Massachusetts, et al. filed. (Distributed)
- Mar 12 2025Brief amici curiae of Local Governments and Local Government Officials filed. (Distributed)
- Mar 12 2025Brief amici curiae of 7 South Carolina Healthcare Policy Experts, Advocates, and Providers filed. (Distributed)
- Mar 12 2025Brief amici curiae of Women's Bar Association of the District of Columbia, et al. filed. (Distributed)
- Mar 12 2025Brief amici curiae of 238 Members of Congress filed. (Distributed)
- Mar 12 2025Brief amici curiae of Former Senior Officials of the Department of Health and Human Services filed. (Distributed)
- Mar 12 2025Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. (Distributed)
- Mar 12 2025Brief amici curiae of Organizations Advancing Reproductive Rights, Health, and Justice filed. (Distributed)
- Mar 05 2025Brief of respondents Planned Parenthood South Atlantic, et al. filed. (Distributed)
- Mar 05 2025Letter of petitioner Eunice Medina, Director, South Carolina Department of Health and Human Services filed.
- Mar 04 2025Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Feb 19 2025CIRCULATED
- Feb 18 2025Application (24A782) granted by The Chief Justice extending the time to file the reply brief on the merits to and including 2 p.m., March 24, 2025.
- Feb 13 2025Record requested from the United States Court of Appeals for the Fourth Circuit.
- Feb 13 2025Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
- Feb 12 2025Application (24A782) to extend the time to file the reply brief on the merits from March 21, 2025 to March 24, 2025, submitted to The Chief Justice.
- Feb 12 2025Response in opposition to application for extension of time to file the reply brief on the merits filed.
- Feb 10 2025SET FOR ARGUMENT on Wednesday, April 2, 2025.
- Feb 10 2025Brief amici curiae of South Carolina Medicaid Practitioners filed.
- Feb 10 2025Brief amicus curiae of Liberty Counsel filed.
- Feb 10 2025Brief amici curiae of 311 State Legislators filed.
- Feb 10 2025Brief amicus curiae of Americans United for Life filed.
- Feb 10 2025Brief amicus curiae of American Center for Law and Justice filed.
- Feb 10 2025Brief amicus curiae of United States filed.
- Feb 10 2025Brief amici curiae of American Association of Pro-Life Obstetricians and Gynecologists, et al. filed.
- Feb 10 2025Brief amici curiae of 46 South Carolina Legislators filed.
- Feb 10 2025Brief amici curiae of United States Senators and Representatives filed.
- Feb 10 2025Brief amici curiae of Family Policy Alliance, et al. filed.
- Feb 10 2025Brief amici curiae of America's Future, et al. filed.
- Feb 10 2025Brief amici curiae of 138 Women Hurt by Planned Parenthood Abortions, et al. filed.
- Feb 10 2025Brief amicus curiae of Governor Henry Dargan McMaster filed.
- Feb 10 2025Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
- Feb 10 2025Brief amicus curiae of Southeastern Legal Foundation filed.
- Feb 10 2025Brief amici curiae of Kansas, et al. filed.
- Feb 10 2025Brief amicus curiae of Heartbeat International, Inc. filed. (Distributed)
- Feb 04 2025Brief amicus curiae of Life Legal Defense Foundation filed.
- Feb 04 2025Brief amici curiae of World Faith Foundation, et al. filed.
- Feb 03 2025Brief of petitioner Eunice Medina, Interim Director, South Carolina Department of Health and Human Services filed.
- Feb 03 2025Joint appendix filed. (Statement of costs filed)
- Dec 20 2024Letter from counsel for petitioner notifying Clerk of substitution of petitioner filed.
- Dec 18 2024Petition GRANTED limited to Question 1 presented by the petition.
- Dec 09 2024DISTRIBUTED for Conference of 12/13/2024.
- Dec 02 2024DISTRIBUTED for Conference of 12/6/2024.
- Nov 18 2024DISTRIBUTED for Conference of 11/22/2024.
- Nov 12 2024DISTRIBUTED for Conference of 11/15/2024.
- Nov 04 2024DISTRIBUTED for Conference of 11/8/2024.
- Oct 28 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
- Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
- Sep 11 2024Reply of petitioner Robert M. Kerr filed. (Distributed)
- Aug 27 2024Brief of respondents Planned Parenthood South Atlantic, et al. in opposition filed.
- Jul 26 2024Motion to extend the time to file a response is granted and the time is further extended to and including September 4, 2024.
- Jul 24 2024Motion to extend the time to file a response from August 5, 2024 to September 4, 2024, submitted to The Clerk.
- Jul 05 2024Brief amicus curiae of American Center for Law and Justice filed.
- Jul 05 2024Brief amici curiae of United States Senators and Representatives filed.
- Jul 05 2024Brief amicus curiae of American Association of Pro-Life Obstetricians and Gynecologists filed.
- Jul 05 2024Amicus brief of 137 Women Hurt by Planned Parenthood Abortions & And Then There Were None not accepted for filing.(Corrected verison to be submitted) (July 09, 2024)
- Jul 05 2024Brief amici curiae of 137 Women Hurt by Planned Parenthood Abortions & And Then There Were None filed.
- Jul 05 2024Brief amici curiae of Kansas, et al. filed.
- Jul 03 2024Brief amici curiae of Life Legal Defense Foundation and ProLife Center at the University of St. Thomas filed.
- Jul 03 2024Brief amicus curiae of Heartbeat International, Inc. filed.
- Jul 01 2024Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed.
- Jun 26 2024Brief amici curiae of 108 South Carolina Legislators filed.
- Jun 25 2024Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2024.
- Jun 24 2024Motion to extend the time to file a response from July 5, 2024 to August 5, 2024, submitted to The Clerk.
- Jun 03 2024Petition for a writ of certiorari filed. (Response due July 5, 2024)