No. 21-1431
Robert M. Kerr, Director, South Carolina Department of Health and Human Services v. Planned Parenthood South Atlantic, et al.
Tags: circuit-split civil-rights due-process medicaid medicaid-act private-right-of-action privately-enforceable-rights section-1983 spending-clause standing statutory-interpretation
Latest Conference:
2023-06-15
(distributed 3 times)
Question Presented (from Petition)
1. 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?
2. 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.
Question Presented (AI Summary)
Whether Spending Clause statutes give rise to privately enforceable rights under § 1983
Docket Entries
2023-07-24
Judgment issued.
2023-06-20
Petition 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).
2023-06-14
Supplemental brief of petitioner Robert M. Kerr filed. (Distributed)
2023-06-12
DISTRIBUTED for Conference of 6/15/2023.
2022-08-30
Reply of petitioner Robert M. Kerr filed. (Distributed)
2022-08-24
DISTRIBUTED for Conference of 9/28/2022.
2022-08-10
Brief of respondents Planned Parenthood South Atlantic, et al. in opposition filed.
2022-07-01
Motion to extend the time to file a response is granted and the time is further extended to and including August 10, 2022.
2022-06-30
Motion to extend the time to file a response from July 11, 2022 to August 10, 2022, submitted to The Clerk.
2022-06-06
Motion to extend the time to file a response is granted and the time is extended to and including July 11, 2022.
2022-06-06
Motion to expedite consideration of the petition for a writ of certiorari, as amended on May 27, 2022, DENIED.
2022-06-01
Motion to extend the time to file a response from June 10, 2022 to July 11, 2022, submitted to The Clerk.
2022-06-01
Response to motion to extend the time to file a response from petitioner filed.
2022-05-27
Amended motion to expedite consideration of petition for writ of certiorari filed by petitioner.
2022-05-19
Letter form counsel for petitioner filed.
2022-05-17
Motion DISTRIBUTED for Conference of 6/2/2022.
2022-05-16
Brief amici curiae of 128 Members of Congress filed.
2022-05-16
Brief amici curiae of Indiana, et al. filed.
2022-05-12
Brief amicus curiae of Americans United for Life filed.
2022-05-11
Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed.
2022-05-11
Brief amici curiae of 102 South Carolina Legislators filed.
2022-05-11
Brief amicus curiae of American Center for Law and Justice filed.
2022-05-06
Petition for a writ of certiorari filed. (Response due June 10, 2022)
2022-05-06
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner Robert M. Kerr.
Attorneys
102 South Carolina Legislators
Tim Newton — Murphy & Grantland, P.A., Amicus
128 Members of Congress
Andrew C. Nichols — Charis Lex P.C., Amicus
American Center for Law and Justice
Americans United for Life
Steven Henry Aden — Americans United for Life, Amicus
Family Policy Alliance and State Family Policy Councils
Randall L. Wenger — Independence Law Center, Amicus
Planned Parenthood South Atlantic, et al.
Nicole A. Saharsky — Mayer Brown LLP, Respondent
Robert M. Kerr
John J. Bursch — Alliance Defending Freedom, Petitioner
States of Indiana, Alabama, Arizona, Georgia, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Dakota, Texas, Utah, and West Virginia