No. 18-1328

Stephen Gilmore, et al. v. Neil R. Holland, et al.

Lower Court: Third Circuit
Docketed: 2019-04-19
Status: Denied
Type: Paid
Tags: administrative-law agency-regulation chevron-deference circuit-split cms-regulation emergency-medical-treatment emergency-medical-treatment-and-active-labor-act hospital-inpatient-care hospital-stabilization medical-care statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity Privacy JusticiabilityDoctri
Latest Conference: 2019-06-20
Question Presented (from Petition)

1. Should the regulation issued by CMS, 42 C.F.R. § 489.24(d)(2)(ii), be stricken as contrary to the statutory language, which provides that the obligations in (a) and (b) be read as applying to only one class of persons?

2. When it upheld the regulation, did the Third Circuit—and the District Courts that have followed its interpretation—give undue and reflexive Chevron deference to the agency interpretation of an unambiguous statute?

3. Should this Court reconsider Chevron?

Question Presented (AI Summary)

Should the regulation issued by CMS, 42 C.F.R. § 489.24(d)(2)(ii), be stricken as contrary to the statutory language, which provides that the obligations in (a) and (b) be read as applying to only one class of persons?

Docket Entries

2019-06-24
Petition DENIED.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-05-23
Rule 29.6 Corporate Disclsoure Statement filed with respect to brief in opposition of respondents Neil R. Holland, et al.
Main Document
2019-05-17
Brief of respondents Neil R. Holland, et al. in opposition filed.
Main DocumentCertificate of Word CountProof of Service
2019-04-09
Petition for a writ of certiorari filed. (Response due May 20, 2019)
PetitionAppendixCertificate of Word CountProof of Service

Attorneys

Neil R. Holland, M.D., et al.
Louis C. Long — Thomas, Thomas & Hafer, LLP, Respondent
Stephen and Karen Gilmore
H. Leon Aussprung III — Law Office of Leon Aussprung M.D., L.L.C., Petitioner