Decided

No. 21-806

Health and Hospital Corporation of Marion County, et al. v. Ivanka Talevski, Personal Representative of the Estate of Gorgi Talevski, Deceased

from the United States Court of Appeals for the Seventh Circuit

See other cases from the Seventh Circuit.

Docket Entries

Judgment issued.

Adjudged to be AFFIRMED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion. Barrett, J., filed a concurring opinion, in which Roberts, C. J., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Thomas, J., joined.

Argued. For petitioners: Lawrence S. Robbins, New York, N. Y.; and Thomas M. Fisher, Solicitor General, Indianapolis, Ind. (for Indiana, et al., as amici curiae.) For United States, as amicus curiae: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Andrew T. Tutt, Washington, D. C.

Reply of petitioners Health and Hospital Corporation of Marion County, et al. filed. (Distributed)

Reply of Health and Hospital Corporation of Marion County, et al. submitted.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.

Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.

Brief amici curiae of Judge David L. Bazelon Center for Mental Health Law, et al. filed. (Distributed)

Brief amici curiae of National Association of Community Health Centers, et al. filed. (Distributed)

Brief amici curiae of Georgia Advocacy Office, et al. filed. (Distributed)

Brief amicus curiae of Daniel L. Hatcher filed. (Distributed)

Brief amici curiae of The National Health Law Program, et al. filed. (Distributed)

Brief amici curiae of Former Senior Officials of The Department of Health and Human Services filed. (Distributed)

Brief amici curiae of National Center for Youth Law, et al. filed. (Distributed)

Brief amicus curiae of Toby S. Edelman filed. (Distributed)

Brief amici curiae of Members of Congress filed. (Distributed)

Brief amici curiae of Children’s Health Care Providers and Advocates filed. (Distributed)

Brief amici curiae of Indiana Disability Rights filed. (Distributed)

Brief amici curiae of Statutory interpretation Law Scholars filed. (Distributed)

Brief amici curiae of Constitutional Accountability Center, et al. filed. (Distributed)

Brief amicus curiae of The Indiana Trial Lawyers Association filed. (Distributed)

Brief amicus curiae of California Medical Association filed. (Distributed)

Brief amici curiae of Former Members of Congress filed. (Distributed)

Brief amici curiae of American Cancer Society Cancer Action Network et al. filed. (Distributed)

Brief amici curiae of American Cancer Society Cancer Action Network, et al. filed. (Distributed)

Brief amici curiae of Health Policy Scholars filed. (Distributed)

Brief amici curiae of Contract Law and Legal History Professors filed. (Distributed)

Brief amicus curiae of Institute for Justice filed. (Distributed)

Brief amici curiae of Retired Lawyers filed. (Distributed)

Brief amici curiae of AARP, et al. filed. (Distributed)

Amicus brief of The Indiana Trial Lawyers Association submitted.

Amicus brief of National Association of Community Health Centers and Thirty-One Primary Care Associations submitted.

Amicus brief of Contract Law and Legal History Professors submitted.

Amicus brief of Former Senior Officials of The Department of Health and Human Services submitted.

Amicus brief of The Judge David L. Bazelon Center for Mental Health Law, The Arc of the United States, American Association of People with Disabilities, Disability Rights Education and Defense Fund, Center for Public Representation, and Compassion & Choices submitted.

Amicus brief of Children’s Health Care Providers and Advocates submitted.

Amicus brief of scholars of statutory stare decisis, statutory interpretation, and jurisprudence submitted.

Amicus brief of Toby S. Edelman submitted.

Amicus brief of Georgia Advocacy Office and the Emory Law School Disabled Law Students Association submitted.

Amicus brief of Health Policy Scholars submitted.

Amicus brief of Daniel L. Hatcher submitted.

Amicus brief of Former Members of Congress submitted.

Amicus brief of National Center for Youth Law, Youth Law Center, National Center for Law & Economic Justice, et al. submitted.

Amicus brief of The National Health Law Program (NHeLP) submitted.

Amicus brief of California Medical Association submitted.

Amicus brief of Indiana Disability Rights submitted.

Amicus brief of American Cancer Society Cancer Action Network et al. submitted.

Amicus brief of AARP, et al. submitted.

Amicus brief of Constitutional Accountability Center, American Civil Liberties Union Foundation, and ACLU of Indiana submitted.

Amicus brief of Retired Lawyers submitted.

Amicus brief of Institute for Justice submitted.

Amicus brief of Members of Congress submitted.

Amicus brief of The American Public Health Association, The American College of Preventive Medicine, et al. submitted.

Brief amicus curiae of Public Citizen filed. (Distributed)

Brief amici curiae of The American Public Health Association, et al. filed. (Distributed)

Amicus brief of Public Citizen submitted.

Brief amici curiae of Pennsylvania Association for Justice, et al. filed. (Distributed)

Amicus brief of Pennsylvania Association for Justice submitted.

Brief of Ivanka Talevski, Personal Representative of the Estate of Gorgi Talevski, Deceased submitted.

Brief of respondent Ivanka Talevski, Personal Representative of the Estate of Gorgi Talevski, Deceased filed. (Distributed)

The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.

Record requested from the U.S.C.A. 7th Circuit.

Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.

Motion of United States for leave to participate in oral argument and for divided argument submitted.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.

Motion of the State of Indiana to Participate in Oral Argument As Amicus Curiae And For Divided Argument of States of Indiana, Alaska, Arkansas, Idaho, Kansas, Kentucky, Louisiana, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia submitted.

CIRCULATED

ARGUMENT SET FOR Tuesday, November 8, 2022.

Amicus brief of National Conference of State Legislatures, Council of State Governments, National Association of Counties, National League of Cities, United States Conference of Mayors, International City/County Management Association, International Municipal Lawyers Association, and Government Finance Officers Association submitted.

Brief amicus curiae of Robert M. Kerr, Director of South Carolina Department of Health & Human Services filed.

Amicus brief of National Conference of State Legislatures, et al. not accepted for filing. (Corrected version to be submitted - July 26, 2022)

Brief amici curiae of National Conference of State Legislatures, et al. filed.

Brief amici curiae of American Health Care Association, et al. filed.

Brief amici curiae of Indiana, et al.filed.

Brief amicus curiae of United States in support of neither party filed.

Amicus brief of National Conference of State Legislatures, Council of State Governments, National Association of Counties, National League of Cities, United States Conference of Mayors, International City/County Management Association, International Municipal Lawyers Association, and Government Finance Officers Association not accepted for filing. (Corrected version to be submitted)(July 26, 2022)

Amicus brief of United States submitted.

Amicus brief of States of Indiana, Alaska, Arkansas, Idaho, Kansas, Kentucky, Louisiana, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia submitted.

Amicus brief of American Health Care Association and Indiana Health Care Association submitted.

Amicus brief of Robert M. Kerr, Director of South Carolina Department of Health & Human Services submitted.

Amicus brief of National Conference of State Legislatures, Council of State Governments, National Association of Counties, National League of Cities, United States Conference of Mayors, International City/County Management Association, International Municipal Lawyers Association, and Government Finance Officers Association submitted.

Joint appendix filed. (Statement of costs filed)

Brief of petitioners Health and Hospital Corporation of Marion County, et al. filed.

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 18, 2022. The time to file respondent's brief on the merits is extended to and including September 16, 2022.

Blanket Consent filed by Petitioner, Health and Hospital Corporation of Marion County, et al.

Blanket Consent filed by Respondent, Ivanka Talevski, Authorized Representative of Gorgi Talevski, Deceased

Motion for an extension of time to file the briefs on the merits filed.

Motion to substitute Ivanka Talevski, as authorized representative, as respondent in place of Gorgi Talevski, deceased GRANTED.

Petition GRANTED.

DISTRIBUTED for Conference of 4/29/2022.

DISTRIBUTED for Conference of 4/22/2022.

Rescheduled.

DISTRIBUTED for Conference of 4/14/2022.

Reply of petitioners Health and Hospital Corporation of Marion County, et al. filed. (Distributed)

Motion under Rule 35.1 filed to substitute Ivanka Talevski, as authorized representative, as respondent in place of Gorgi Talevski, deceased.

Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2022.

Motion to extend the time to file a response from February 9, 2022 to March 11, 2022, submitted to The Clerk.

Response Requested. (Due February 9, 2022)

Brief amici curiae of American Health Care Association and Indiana Health Care Association filed. (Distributed)

Brief amici curiae of Indiana, et al. filed. (Distributed)

DISTRIBUTED for Conference of 1/14/2022.

Waiver of right of respondent Gorgi Talevski, by his next friend Ivanka Talevski to respond filed.

Petition for a writ of certiorari filed. (Response due January 3, 2022)

Parties

Health and Hospital Corporation of Marion County, et al., Petitioner, represented by Lawrence Saul Robbins

Ivanka Talevski, Personal Representative of the Estate of Gorgi Talevski, Deceased, Respondent, represented by Andrew Timothy Tutt

Amici Curiae

AARP, et al., Amicus Curiae, represented by Maame Gyamfi

American Cancer Society Cancer Action Network et al., Amicus Curiae, represented by Thomas W. Curvin

American Health Care Association and Indiana Health Care Association, Amicus Curiae, represented by James F. Segroves

California Medical Association, Amicus Curiae, represented by Stacey Monica Leyton

Children’s Health Care Providers and Advocates, Amicus Curiae, represented by Benjamin Gross Shatz

Constitutional Accountability Center, American Civil Liberties Union Foundation, and ACLU of Indiana, Amicus Curiae, represented by Brianne Jenna Gorod

Contract Law and Legal History Professors, Amicus Curiae, represented by Thomas Gregory Sprankling

Daniel L. Hatcher, Amicus Curiae, represented by Robert John Ward

Former Members of Congress, Amicus Curiae, represented by Matthew James Dowd

Former Senior Officials of The Department of Health and Human Services, Amicus Curiae, represented by Ishan Kharshedji Bhabha

Georgia Advocacy Office and the Emory Law School Disabled Law Students Association, Amicus Curiae, represented by Paul Robert Koster

Health Policy Scholars, Amicus Curiae, represented by Carolyn Frances Corwin

Indiana Disability Rights, Amicus Curiae, represented by Emily Anne Munson

Indiana, et al., Amicus Curiae, represented by Thomas M. Fisher

Institute for Justice, Amicus Curiae, represented by Brian Andrew Morris

Judge David L. Bazelon Center for Mental Health Law, et al., Amicus Curiae, represented by Aaron M. Panner

Members of Congress, Amicus Curiae, represented by Anjali Srinivasan

National Association of Community Health Centers and Thirty-One Primary Care Associations, Amicus Curiae, represented by Edward Todd Waters

National Center for Youth Law, Youth Law Center, National Center for Law & Economic Justice, et al., Amicus Curiae, represented by Constance Grace Van Kley

Pennsylvania Association for Justice, Amicus Curiae, represented by Robert F. Daley

Public Citizen, Amicus Curiae, represented by Wendy Liu

Retired Lawyers, Amicus Curiae, represented by William John Rold

Robert M. Kerr, Director of South Carolina Department of Health & Human Services, Amicus Curiae, represented by Christopher Paul Schandevel

scholars of statutory stare decisis, statutory interpretation, and jurisprudence, Amicus Curiae, represented by Karla Ann Gilbride

States of Indiana, Alaska, Arkansas, Idaho, Kansas, Kentucky, Louisiana, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia, Amicus Curiae, represented by Thomas M. Fisher

The American Public Health Association, The American College of Preventive Medicine, et al., Amicus Curiae, represented by Stephanie A. Webster

The Indiana Trial Lawyers Association, Amicus Curiae, represented by Ashley Nicole Hadler

The Judge David L. Bazelon Center for Mental Health Law, The Arc of the United States, American Association of People with Disabilities, Disability Rights Education and Defense Fund, Center for Public Representation, and Compassion & Choices, Amicus Curiae, represented by Aaron M. Panner

The National Health Law Program (NHeLP), Amicus Curiae, represented by Donald B. Verrilli Jr.

Toby S. Edelman, Amicus Curiae, represented by Theodore Augustus Howard

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

 
Last updated: April 17, 2024