HHS’s argument is twofold: firstly, the hospitals acted prematurely, failing to exhaust all administrative remedies; and secondly, the recent Supreme Court and D.C. Circuit rulings have already addressed and resolved the legal conundrums presented by the hospitals.
The Legal Labyrinth: Navigating Judicial Pathways
The HHS motion paints a picture of a judicial maze, where the plaintiffs may have rushed to court without journeying through the requisite administrative channels. This early lawsuit, HHS argues, deprived the review board of a chance to exercise its jurisdiction or consider preliminary issues, potentially rendering expedited judicial review (EJR) inappropriate.
What’s Next: The Anticipated Outcome
As the legal gears turn, HHS aims for dismissal to allow the review board to resume its process. However, the litigative blockade must be cleared for the administrative review to proceed. In a hypothetical scenario where the board either fails to decide or lacks the authority to resolve a legal or regulatory question, the plaintiffs retain the option to reinitiate their court battle.
