No. 23-725

Eric Friedlander, in His Official Capacity as Secretary of the Kentucky Cabinet for Health and Family Services, et al. v. Phillip Truesdell, et al.

Lower Court: Sixth Circuit
Docketed: 2024-01-04
Status: Denied
Type: Paid
Response Waived
Tags: buck-v-kuykendall certificate-of-need constitutional-interpretation dormant-commerce-clause ground-ambulance-services healthcare healthcare-regulation judicial-precedent sixth-circuit stage-lines
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2024-04-12
Related Cases: 23-844 (Vide)
Question Presented (AI Summary)

Whether the modern case law approach controls a court's analysis of the dormant Commerce Clause and repudiates the holding in Buck v. Kuykendall

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Questions Presented are: (1) Whether the modern case law approach controls a court’s analysis of the dormant Commerce Clause and repudiates the holding in Buck v. Kuykendall, 2167 U.S. 307 (1925)? (2) If Buck v. Kuykendall has not been repudiated, whether the United States Court of Appeals for the Sixth Circuit erred when it found Buck, a case concerning stage lines, indistinguishable from the present case, holding a portion of the Commonwealth of Kentucky’s Certificate of Need laws for healthcare ground ambulance services per se unconstitutional?

Docket Entries

2024-04-15
Petition DENIED.
2024-03-27
DISTRIBUTED for Conference of 4/12/2024.
2024-02-05
Waiver of right of respondent First Care Ohio LLC to respond filed.
2024-02-02
Waiver of right of respondents Phillip Truesdell and Legacy Medical Transport, LLC to respond filed.
2024-01-02
Petition for a writ of certiorari filed. (Response due February 5, 2024)

Attorneys

Eric Friedlander
Wesley Warden DukeOffice of Legal Services, Petitioner
Wesley Warden DukeOffice of Legal Services, Petitioner
First Care Ohio LLC
David Michael DirrDressman Benzinger LaVelle psc, Respondent
David Michael DirrDressman Benzinger LaVelle psc, Respondent
Phillip Truesdell and Legacy Medical Transport, LLC
Joshua Warren PolkPacific Legal Foundation, Respondent
Joshua Warren PolkPacific Legal Foundation, Respondent