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Brief of respondents Eric Friedlander et - Main Document

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief of respondents Eric Friedlander et, Main Document (U.S. Oc...
Tellingly, Petitioners devote almost none of their petition to cases involving healthcare CON programs.
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Brief of respondents Eric Friedlander et - Proof of Service

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief of respondents Eric Friedlander et, Proof of Service (U.S. O...
and GRACE HOME CARE, INC., Petitioners,
ERIC FRIEDLANDER, in his official capacity as Secretary of the Kentucky Cabinet for Health and Family Services; ADAM MATHER, in his official capacity as Inspector General of Kentucky, Respondents, and
I, Andrew Cockle, of lawful age, being duly sworn, upon my oath state that I did, on the 14th day of October, 2022, send out from Omaha, NE 2 package(s) containing 3 copies of the JOINT BRIEF IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI in the above entitled case.
Packages were plainly addressed to the following:
I am duly authorized under the laws of the State of Nebraska to administer oaths.
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Brief of respondents Eric Friedlander et - Certificate of Word Count

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief of respondents Eric Friedlander et, Certificate of Word Coun...
and GRACE HOME CARE, INC., Petitioners,
ERIC FRIEDLANDER, in his official capacity as Secretary of the Kentucky Cabinet for Health and Family Services; ADAM MATHER, in his official capacity as Inspector General of Kentucky, Respondents, and
the JOINT BRIEF that I certify required by Supreme Court Rule 33.1(h), As OPPOSITION TO PETITION FOR WRIT OF CERTIORARI in the above entitled case complies with the typeface requirement of Supreme Court Rule 33.1(b), being prepared in New Century Schoolbook 12 point for the text and 10 point for the footnotes, and this brief contains 6189 words, excluding the parts that are exempted by Supreme Court Rule 33.1(d), as needed.
Subscribed and sworn to before me this 14th day of October, 2022.
I am duly authorized under the laws of the State of Nebraska to administer oaths.
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Brief amicus curiae of Cato Institute - Main Document

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amicus curiae of Cato Institute, Main Document (U.S. Aug. 1...
Thomas Jefferson, “Thoughts on Lotteries” (February 1826), in The Jeffersonian Encyclopedia (John P. Foley ed., Funk & Wagnalls Co. 1900) ..10 Timothy Sandefur, A Public Convenience and Necessity and Other Conspiracies against Trade: A Case Study from the Missouri Moving Industry, 24 Geo.
But the attempted distinction is nonsensical when it comes to “the narrow right to pursue one’s chosen profession.” Marc P. Florman, The Harmless Pursuit of Happiness: Why Rational Basis with Bite Review Makes Sense for Challenges to Occupational Licenses, 58 Loy.
Justice Bushrod Washington, in his 1823 opinion in Corfield v. Coryell, famously pointed to the right to “to pursue and obtain happiness” and to “pass through, or to reside in any other state, for pur- poses of trade, agriculture, professional pursuits” as central to what the terms “privileges” and “immuni- ties” encompass.
Interest groups, of course, “will invest time and money in capturing government powers for their own benefit, so long as doing so will be profitable to them.” Timothy Sandefur, Equality of Opportunity in the Regulatory Age: Why Yesterday’s Rationality Review Isn’t Enough, 24 N. Ill. U. L. Rev.
Compare United States v. Virginia, 518 U.S. 515, 531 (1996) (“Today’s skeptical scrutiny of official action denying rights or opportunities based on sex responds to vol- umes of history.”), with Michael M. v. Superior Court, 450 U.S. 464, 476 (1981) (“[W]e find nothing to sug- gest that men, because of past discrimination or pecu- liar disadvantages, are in need of the special solici- tude of the courts.”).
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Brief amicus curiae of Cato Institute - Proof of Service

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amicus curiae of Cato Institute, Proof of Service (U.S. Aug.
Petitioner, Vv.
ERIC FRIEDLANDER,in his official capacity as Secre- tary of the Kentucky Cabinet for Health and Family Ser- vices; ADAM MATHER,in his official capacity as Inspec- tor General of Kentucky, Respondents, and
I HEREBY CERTIFY that on August 15, 2022, three (3) copies of the BRIEF OF AMICUS CURIAE CATO INSTITUTE SUPPORTING PETITIONERSin the above-captioned case were served, as required by U.S. Supreme Court Rule 29.5(c), on the following:
1115 H Street, N.E.
ie ae ULL Hta, BORHig SESENy, i nM ow AGE on ~ a t ae :
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Brief amici curiae of Sewa International - Certificate of Word Count

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amici curiae of Sewa International, Certificate of Word Coun...
required by Supreme Court Rule 33.1(h), As I certify that the document contains 5, 359 words, excluding the parts of the document that are exempted by Supreme Court Rule 33.1(d).
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this 15th day of August, 2022.
Sworn to and subscribed before me this 15th day of August, 2022.
Notary Public State of New York No. 01SA6177490 Qualified in Kings County Commission Expires Nov. 13, 2022 #314480
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Brief amici curiae of Sewa International - Proof of Service

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amici curiae of Sewa International, Proof of Service (U.S. Au
I, Mariana Braylovskiy, being duly sworn according to law and being over the age of 18, upon my oath depose and say that: I am retained by Counsel of Record for Amici Curiae - Sewa International USA and Dr. Thomas Davis.
That on the same date as above, I sent to this Court forty copies and 1 un-bound copy of the within Amici Curiae Brief of Sewa International USA and Dr. Thomas Davis in Support of Petitioners through the United States Postal Service by Express Mail, postage prepaid.
In addition, the brief has been submitted through the Court’s electronic filing system.
I declare under penalty of perjury that the foregoing is true and correct.
Notary Public State of New York No. 01SA6177490 Qualified in Kings County Commission Expires Nov. 13, 2022 #314480
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Brief amicus curiae of Cato Institute - Certificate of Word Count

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amicus curiae of Cato Institute, Certificate of Word Count (U
ERIC FRIEDLANDER, in his official capacity as Secretary of the Kentucky Cabinet for Health and Family Services; ADAM MATHER, in his official capacity as Inspector General of Kentucky, Respondents, and
As required by Supreme Court Rule 33.1(h), I certify that Brief of the Cato Institute as Amici Curiae in Support of Petitioners contains 5,873 words, excluding the parts of the document that are exempted by Supreme Court Rule 33.1(d).
1000 Mass.
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Brief amici curiae of Sewa International - Main Document

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amici curiae of Sewa International, Main Document (U.S. Au...
While acknowledging that rational-basis review is deferential, this Court held that it nonetheless requires a genuine “relation between the classification adopted and the object to be attained,” and instructed courts to “ensure that ...
That is why Nebbia, arguably the first decision to apply the modern rational-basis test, nonetheless declared that “the function of the courts” in cases like this one “is to determine in each case whether circumstances vindicate the ...
... people but as “an intermediate body between the people and the legislature.” Id. Although “representatives of the people, in a popular assembly, seem sometimes to fancy that they are the people themselves,” Hamilton would have none ...
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Brief amicus curiae of Americans for - Certificate of Word Count

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amicus curiae of Americans for, Certificate of Word Count (U...
Supreme Court of the Anited States
On Petition for Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit
As required by Supreme Court Rule 33.1(h), I certify that the document contains §,126 words, excluding the parts of the document that are exempted by Supreme Court Rule 33.1(d).
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 12, 2022.
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Brief amici curiae of Scholars of Law - Proof of Service

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amici curiae of Scholars of Law, Proof of Service (U.S. Aug.
ERIC FRIEDLANDER, in his official capacity as Secretary of the Kentucky Cabinet for Health and Family Services; ADAM MATHER, in his official capacity as Inspector General of Kentucky, Respondents, and
I, Andrew Cockle, of lawful age, being duly sworn, upon my oath state that I did, on the 12th day of August, 2022, send out from Omaha, NE 4 package(s) containing 3 copies of the BRIEF OF AMICI CURIAE SCHOLARS OF LAW & ECONOMICS IN SUPPORT OF PETITIONERS in the above entitled case.
All parties required to be served have been served by Priority Mail.
Packages were plainly addressed to the following: To be filed for:
I am duly authorized under the laws of the State of Nebraska to administer oaths.
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Brief amici curiae of Experts in the - Proof of Service

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amici curiae of Experts in the, Proof of Service (U.S. Aug. 1
CERTIFICATE OF SERVICE NO. 22-42 Dipendra Tiwari, et al. Petitioners, v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al. Respondents. STATE OF MASSACHUSETTS ) COUNTY OF NORFOLK ) SS.: Being duly sworn, I depose and say under penalty of perjury: 1. That I am over the age of 18 years and am not a party to this action.
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Brief amici curiae of Scholars of Law - Certificate of Word Count

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amici curiae of Scholars of Law, Certificate of Word Count (U
ERIC FRIEDLANDER, in his official capacity as Secretary of the Kentucky Cabinet for Health and Family Services; ADAM MATHER, in his official capacity as Inspector General of Kentucky, Respondents, and
As required by Supreme Court Rule 33.1(h), I certify that the BRIEF OF AMICI CURIAE SCHOLARS OF LAW & ECONOMICS IN SUPPORT OF PETITIONERS in the above entitled case complies with the typeface requirement of Supreme Court Rule 33.1(b), being prepared in New Century Schoolbook 12 point for the text and 10 point for the footnotes, and this brief contains 5229 words, excluding the parts that are exempted by Supreme Court Rule 33.1(d), as needed.
Subscribed and sworn to before me this 12th day of August, 2022.
I am duly authorized under the laws of the State of Nebraska to administer oaths.
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Brief amici curiae of Experts in the - Main Document

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amici curiae of Experts in the, Main Document (U.S. Aug. 12...
... Dept. of Labor, Occupational Licensing: A Framework for Policymakers (2015), https://obamawhitehouse.archives.gov/site v TABLE OF AUTHORITIES – Continued Page s/default/files/docs/licensing report final nonembargo.pdf ...
If much of the above discussion seems theoretical, the theory is nonetheless borne out by the facts of this case.
... accountants, lawyers, dentists and dental hygienists, nurses, eye doctors and opticians, veterinarians, and funeral home 7 https://obamawhitehouse.archives.gov/sites/default/files/docs/ licensing report final nonembargo.pdf.
18 of-need laws accomplish none of their stated purposes, but simply effect “a naked transfer of wealth.” See St. Joseph Abbey v. Castille, 712 F.3d 215, 222-23 (5th Cir.), cert. denied, 134 S.Ct.
19 Nonetheless, even that level of review has afforded at least some measure of relief, since purely protectionist regulations often operate in ways that directly undercut the asserted consumer- 19 The opinion below raises the question of ...
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Brief amicus curiae of Americans for - Main Document

Document Dipendra Tiwari, et al., Petitioners v. Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, et al., 22-42, Brief amicus curiae of Americans for, Main Document (U.S. Aug. 1...
Amicus curiae AFPF is a 501(c)(8) nonprofit organization committed to educating and training Americans to be courageous advocates for the ideas, principles, and policies of a free and open society.
But, to declare rational the deprivation of health care based on disfavored language or national origin would seem to displace the nation’s established solicitude for equal opportunity, replacing it with favoritism toward majority-based protectionism.
At the October 2017 meeting of the SHFC [State Health Facilities Council], Mercy proposed a $5.7 million acquisition of a_ linear accelerator and CT simulator to start a radiation therapy program to treat cancer patients.
Whenalaw, like the Kentucky CON law, deprives individuals of their ability to work and the public of services necessary to life and health, the inverse relationship between a law’s professed goal and its logical and demonstrated outcome is not rationality but injury.
The Court should grant a writ of certiorari to clarify that to the extent rational basis review has any place in our constitutional system it precludes irrational results such as demonstrated deprivation of medical care and senseless barriers to entry into medicalservices.
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