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Kavanaugh to Sit Out High Court Ruling on His Medicare Opinion

Jan. 14, 2019, 11:31 AM

The Supreme Court, without Justice Brett Kavanaugh, is set to weigh whether the Department of Health and Human Services violated the federal rulemaking process when it changed how it pays nonprofit hospitals.

Oral argument on the case is slated for Jan. 15.

The case is one of several that Kavanaugh, who formerly sat on the U.S. Court of Appeals for the District of Columbia, recused himself from because he already heard the case in the lower court. This is one in which he authored the decision in question, leaving the remaining eight justices to mull whether he was wrong.

Kavanaugh ...