Opinions Relating to Orders - 2018

Gee v. Planned Parenthood of Gulf Coast, Inc.

The petition for a writ of certiorari is denied. JUSTICE THOMAS, with whom JUSTICE ALITO and JUSTICE GORSUCH join, dissenting from the denial of certiorari. One of this Court’s primary functions is to resolve “important matter[s]” on which the courts of appeals are “in conflict.” Sup. Ct. Rule 10(a); e.g., Thompson v. Keohane, 516 U. S. 99, 106 (1995). This case and Andersen v. Planned Parenthood of Kan. and Mid-Missouri, No. 17– 1340, present a conflict on a federal question with significant implications: whether Medicaid recipients have a private right of action to challenge a State’s determination of “qualified” Medicaid providers under 42 U. S. C. §1396a(a)(23) and Rev. Stat. §1979, 42 U. S. C. §1983. Five Circuits have held that Medicaid recipients have such a right, and one Circuit has held that they do not.* The last three Circuits to consider the question have themselves been divided. This question is imp