No. 20-1374
CVS Pharmacy, Inc., et al. v. John Doe, One, et al.
Tags: affordable-care-act antidiscrimination-statute civil-rights disability-discrimination disparate-impact health-insurance insurance patient-protection-and-affordable-care-act rehabilitation-act
Key Terms:
Arbitration ERISA SocialSecurity JusticiabilityDoctri
Arbitration ERISA SocialSecurity JusticiabilityDoctri
Latest Conference:
2021-07-01
(distributed 2 times)
Question Presented (AI Summary)
Whether section 504 of the Rehabilitation Act and the ACA provide a disparate-impact cause of action for disability discrimination, and whether such claims extend to the facially neutral terms and conditions of health insurance plans
Question Presented (OCR Extract)
QUESTIONS PRESENTED Section 1557 of the Patient Protection and Affordable Care Act (“ACA”) creates a private right of action for discrimination on the basis of race, sex, age, and disability in federally funded health programs and activities. 42 USS.C. § 18116(a). This private right of action incorporates the “enforcement mechanisms” of other federal antidiscrimination statutes, including the Rehabilitation Act of 1973, 29 U.S.C. § 794, which prohibits disability discrimination. The questions presented are: 1. Whether section 504 of the Rehabilitation Act, and by extension the ACA, provides a disparate-impact cause of action for plaintiffs alleging disability discrimination. 2. If section 504 and the ACA create disparate-impact claims, whether such claims extend to the facially neutral terms and conditions of health insurance plans. (1)
Docket Entries
2021-11-12
Writ of Certiorari Dismissed - Rule 46.
2021-11-11
Joint stipulation to dismiss the writ of certiorari pursuant to Rule 46.1 filed.
2021-11-08
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.
2021-10-29
Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed. (Distributed)
2021-10-29
CIRCULATED
2021-10-29
Brief amici curiae of Paralyzed Veterans of America, et al. filed. (Distributed)
2021-10-29
Brief amici curiae of The Arc of the United States and the American Association of People with Disabilities, et al. filed. (Distributed)
2021-10-29
Brief amicus curiae of Council of Parent Attorneys and Advocates filed. (Distributed)
2021-10-29
Brief amicus curiae of Emory Environmental Law Society filed. (Distributed)
2021-10-29
Brief amici curiae of National Health Law Program and Disability Rights California filed. (Distributed)
2021-10-29
Brief amici curiae of Center for Health Law & Policy Innovation, et al. filed. (Distributed)
2021-10-29
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
2021-10-28
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.
2021-10-28
Brief amicus curiae of United States filed.
2021-10-26
Brief amicus curiae of AIDS Healthcare Foundation filed.
2021-10-22
Brief of respondents John Doe One, et al. filed.
2021-10-18
Record received from the U.S.D.C. California Northern District (San Francisco) has been received and is electronically filed.
2021-10-14
The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer, also received one sealed document that has been electronically filed.
2021-10-04
Motion to substitute John Doe Four, authorized representative, as a respondent in place of John Doe Three, Deceased GRANTED.
2021-09-27
Record requested from the U.S.C.A. 9th Circuit.
2021-09-20
SET FOR ARGUMENT on Tuesday, December 7, 2021.
2021-09-10
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2021-09-10
Brief amici curiae of Louisiana, et al. filed.
2021-09-10
Brief amicus curiae of Pharmaceutical Care Management Association filed.
2021-09-10
Brief amici curiae of the District of Columbia, et al., in support of neither party.
2021-09-10
Brief amici curiae of National Conference of State Legislatures, et al. filed.
2021-09-10
Brief amicus curiae of Independent Women's Law Center filed.
2021-09-10
Brief amicus curiae of America's Health Insurance Plans filed.
2021-09-08
Brief amici curiae of Washington Legal Foundation and Cato Institute filed.
2021-09-03
Joint appendix filed. (Statement of costs filed)
2021-09-03
Brief of petitioners CVS Pharmacy, Inc., et al. filed.
2021-08-30
Suggestion of death and motion to substitute John Doe Four, authorized representative, as a respondent in place of John Doe Three, Deceased filed by respondents.
2021-08-23
Motion to substitute Richard Roe, authorized representative, as a respondent in place of John Doe Two, Deceased GRANTED.
2021-07-22
Suggestion of death and motion to substitute Richard Roe, authorized representative, as a respondent in place of John Doe Two, Deceased filed by respondents.
2021-07-20
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 September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 22, 2021.
2021-07-14
Motion for an extension of time to file the briefs on the merits filed.
2021-07-02
Petition GRANTED limited to Question 1 presented by the petition.
2021-07-01
DISTRIBUTED for Conference of 7/1/2021.
2021-06-08
Reply of petitioners CVS Pharmacy, Inc., et al. filed. (Distributed)
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-02
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
2021-06-01
Brief of respondents John Doe One, et al. in opposition filed.
2021-04-30
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2021-04-30
Brief amicus curiae of Pharmaceutical Care Management Association filed.
2021-04-30
Brief amici curiae of Washington Legal Foundation and Independent Women's Law Center filed.
2021-04-30
Brief amicus curiae of America's Health Insurance Plans filed.
2021-04-05
Motion to extend the time to file a response is granted and the time is extended to and including June 1, 2021.
2021-04-05
Motion to extend the time to file a response from April 30, 2021 to June 1, 2021, submitted to The Clerk.
2021-03-26
Petition for a writ of certiorari filed. (Response due April 30, 2021)
Attorneys
AIDS Healthcare Foundation
America's Health Insurance Plans
Center for Health Law & Policy Innovation, et al.
Constitutional Accountability Center
Council of Parent Attorneys and Advocates
CVS Pharmacy, Inc., et al.
Lisa Schiavo Blatt — Williams & Connolly LLP, Petitioner
Lisa Schiavo Blatt — Williams & Connolly LLP, Petitioner
Emory Environmental Law Society
Independent Women's Law Center
John Savage Moran — McGuireWoods LLP, Amicus
John Savage Moran — McGuireWoods LLP, Amicus
John Doe One, et al.
Gerald Sinclair Flanagan — Consumer Watchdog, Respondent
Gerald Sinclair Flanagan — Consumer Watchdog, Respondent
NAACP Legal Defense and Educational Fund, Inc.
National Conference of State Legislatures, et al.
Michael Hugh McGinley — Dechert LLP, Amicus
Michael Hugh McGinley — Dechert LLP, Amicus
National Health Law Program and Disability Rights California
Wayne Turner — National Health Law Program, Amicus
Wayne Turner — National Health Law Program, Amicus
Paralyzed Veterans of America et al.
Elizabeth B. McCallum — Baker Hostetler LLC, Amicus
Elizabeth B. McCallum — Baker Hostetler LLC, Amicus
Pharmaceutical Care Management Association
States of Louisiana, Arkansas, Florida, Georgia, Indiana, Mississippi, Nebraska, South Carolina, Tennessee, Texas, and Utah
The Arc of the United States and the American Associatio of People with Disabilities, et al.
Amy Farr Robertson — Fox & Robertson, PC, Amicus
Amy Farr Robertson — Fox & Robertson, PC, Amicus
The Chamber of Commerce of the United States of America
Gregory George Garre — Latham & Watkins LLP, Amicus
Gregory George Garre — Latham & Watkins LLP, Amicus
The District of Columbia and 17 states
United States
Elizabeth B. Prelogar — Solicitor General, Amicus
Elizabeth B. Prelogar — Solicitor General, Amicus
Washington Legal Foundation and Cato Institute
Washington Legal Foundation and Independent Women's Law Center