Opinion
No. 260PA22
06-26-2024
Jay SINGLETON, D.O., and Singleton Vision Center, P.A. v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; Roy Cooper, Governor of the State of North Carolina, in his official capacity; Mandy Cohen, North Carolina Secretary of Health and Human Services, in her official capacity; Phil Berger, President Pro Tempore of the North Carolina Senate, in his official capacity; and Tim Moore, Speaker of the North Carolina House of Representatives, in his official capacity
Joshua A. Windham, Attorney at Law, For Jay Singleton (D.O.), et al. Derek L. Hunter, Special Deputy Attorney General, For North Carolina Department of Health and Human Services, et al. John H. Schaeffer, Assistant Attorney General, For North Carolina Department of Health and Human Services, et al. Nicholas S. Brod, Assistant Solicitor General, For North Carolina Department of Health and Human Services, et al. Ryan Y. Park, Solicitor General, For North Carolina Department of Health and Human Services, et al. R. Daniel Gibson, Attorney at Law, Apex, For Jay Singleton (D.O.), et al. James Benjamin Garner, Attorney at Law, For Dale R. Folwell (Treasurer). Aaron D. Vodicka, Attorney at Law, For Dale R. Folwell (Treasurer). B. Tyler Brooks, Attorney at Law, Raleigh, For Certificate of Need Scholars. Jonathan D. Guze, Attorney at Law, Durham, For John Locke Foundation, et al. Renee D. Flaherty, Attorney at Law, For Jay Singleton (D.O.), et al. Elliot Matthew Engstrom, Attorney at Law, For Goldwater Institute. Matthew A. Fisher, Attorney at Law, For NCHA, Inc. Kenneth L. Burgess, Attorney at Law, For NCHA, Inc. Iain M. Stauffer, Attorney at Law, For NCHA, Inc. Robert A. Leandro, Attorney at Law, For NCHA, Inc. Marcus C. Hewitt, Attorney at Law, Raleigh, For Healthcare Providers. Gary S. Qualls, Attorney at Law, Morrisville, For Healthcare Providers. Susan K. Hackney, Attorney at Law, Morrisville, For Healthcare Providers. Anderson M. Shackelford, Attorney at Law, Morrisville, For Healthcare Providers.
From N.C. Court of Appeals 21-558; From Wake 20CVS5150, Tenth District
Joshua A. Windham, Attorney at Law, For Jay Singleton (D.O.), et al.
Derek L. Hunter, Special Deputy Attorney General, For North Carolina Department of Health and Human Services, et al.
John H. Schaeffer, Assistant Attorney General, For North Carolina Department of Health and Human Services, et al.
Nicholas S. Brod, Assistant Solicitor General, For North Carolina Department of Health and Human Services, et al.
Ryan Y. Park, Solicitor General, For North Carolina Department of Health and Human Services, et al.
R. Daniel Gibson, Attorney at Law, Apex, For Jay Singleton (D.O.), et al.
James Benjamin Garner, Attorney at Law, For Dale R. Folwell (Treasurer).
Aaron D. Vodicka, Attorney at Law, For Dale R. Folwell (Treasurer).
B. Tyler Brooks, Attorney at Law, Raleigh, For Certificate of Need Scholars.
Jonathan D. Guze, Attorney at Law, Durham, For John Locke Foundation, et al.
Renee D. Flaherty, Attorney at Law, For Jay Singleton (D.O.), et al.
Elliot Matthew Engstrom, Attorney at Law, For Goldwater Institute.
Matthew A. Fisher, Attorney at Law, For NCHA, Inc.
Kenneth L. Burgess, Attorney at Law, For NCHA, Inc.
Iain M. Stauffer, Attorney at Law, For NCHA, Inc.
Robert A. Leandro, Attorney at Law, For NCHA, Inc.
Marcus C. Hewitt, Attorney at Law, Raleigh, For Healthcare Providers.
Gary S. Qualls, Attorney at Law, Morrisville, For Healthcare Providers.
Susan K. Hackney, Attorney at Law, Morrisville, For Healthcare Providers.
Anderson M. Shackelford, Attorney at Law, Morrisville, For Healthcare Providers.
ORDER
The parties are directed to file supplemental briefs within thirty days addressing the following issues:
1. Whether plaintiffs were required to exhaust administrative remedies in light of this Court’s decision in No. 55A23, Askew v. City of Kinston, —— N.C. —, — S.E.2d —, 2024 WL 3211749 (June 28, 2024).
2. Whether plaintiffs’ constitutional claims, based on the facts alleged in the complaint, are facial challenges, as-applied challenges, or both, and what implications this has for our review of the Court of Appeals’ decision and the trial court’s order.
By order of the Court in Conference, this the 26th day of June 2024.