In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
Michigan Department of Community Health v. Sebelius
Issue: (1) Whether the Centers for Medicare and Medicaid Services correctly calculated psychiatric-hospital reimbursement payments in fiscal years 2003 through 2008 based on a permissible interpretation of 42 U.S.C. § 1395ww(b)(3)(A)(ii) and the agency’s implementing regulation; and
(2) whether the Court should revisit the rule articulated in Auer v. Robbins, of deferring to an agency’s interpretation of its own regulations.