Rupp v. Department of Health and Human Services

Background

A petitioner, Rupp, asked the Supreme Court to review a matter involving the Department of Health and Human Services and appealed from the Federal Circuit. Rupp also asked for permission to proceed without paying court fees. The Court’s order, issued October 12, 1993, explained that the petition required a docketing fee under Rule 38(a) and must meet the format and content rules of Rule 33.

Reasoning

The Court considered whether to allow Rupp to file without paying fees and whether the petition complied with the Court’s filing rules. The Court denied the request to proceed without paying fees and allowed Rupp until November 2, 1993 to pay the Rule 38(a) docketing fee and to submit a petition that complies with Rule 33’s requirements. Justice Ginsburg said she would deny review of the case. The Court’s order addressed filing procedures rather than the underlying legal dispute, focusing on compliance with the Court’s rules.

Real world impact

This order requires Rupp to pay the fee and correct the petition before the Court will consider the case further. If Rupp meets the November 2 deadline, the Court may decide whether to review the merits later; missing the deadline could prevent further Supreme Court consideration. The ruling leaves the underlying dispute with the federal agency unresolved for now.

Dissents or concurrances

Justices Blackmun and Stevens dissented, stating they would deny the petition for review without reaching the fee question and citing Brown v. Herald Co. as the basis for that approach.