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Federal government asks court to scrap challenge to Medicaid work requirements

The Department of Justice asked the Supreme Court on Monday to cancel next month’s argument on the legality of Medicaid work requirements – a policy that former President Donald Trump promoted but is now being rolled back by the Biden administration. One of the states... The post Federal government asks court to scrap challenge to Medicaid work requirements appeared first on SCOTUSblog.
Tags: Featured, Supreme Court, Law, Department Of Justice, Biden, Donald Trump, Medicaid, Merits Cases


Justices announce low-key March argument session

The Supreme Court on Monday released the calendar for its March argument session, scheduling arguments on issues including student-athlete compensation, union organizing, Medicaid work requirements and the seizure of guns from the home of a man believed to be suicidal. The justices will hear oral... The post Justices announce low-key March argument session appeared first on SCOTUSblog.
Tags: Featured, Supreme Court, Law, Medicaid, Merits Cases


Justices seek government’s views in antitrust case

The Supreme Court issued orders on Monday from the justices’ private conference on Dec. 4. The justices had already granted two new petitions for review, involving the legality of Medicaid work requirements, from that conference on Friday, so it was no surprise that the justices did not add any new cases to their merits docket for the term. The justices called for the views of the U.S. solicitor general in Comcast v. Viamedia, an antitrust dispute in which Viamedia alleges that Comcast monopol...
Tags: Twitter, Supreme Court, Law, Oregon, Comcast, Lgbtq, Donald Trump, Medicaid, Trump, Howe, U S Court of Appeals, Clayton County, Barr, 2nd Circuit, Cases in the Pipeline, Merits Cases


Justices agree to review legality of Medicaid work requirements

The Supreme Court announced on Friday afternoon that it would weigh in on the legality of the Trump administration’s approval of Medicaid work requirements in Arkansas and New Hampshire. In a brief order, the justices granted review in Azar v. Gresham and Arkansas v. Gresham and consolidated the cases for one hour of oral argument. The U.S. Court of Appeals for the District of Columbia Circuit ruled in February that the approval should be thrown out. The court ruled that, in green-lighting the w...
Tags: Featured, Supreme Court, Law, Joe Biden, New Hampshire, Arkansas, Medicaid, Trump, Gresham, D C Circuit, Howe, Stephen Vladeck, Cases in the Pipeline, Azar, Health and Human Services Alex Azar


Friday round-up

The justices will meet Friday for a private conference to consider which, if any, cases should be added to the court’s docket. Among the petitions slated to be discussed are a pair of consolidated cases on the legality of Medicaid work requirements, a challenge to a Kansas law that requires applicants to prove U.S. citizenship when registering to vote, and a lawsuit against President Donald Trump alleging that he violated the First Amendment when he blocked critics on Twitter. A full list of the...
Tags: Supreme Court, Law, Kansas, Donald Trump, Medicaid, Round-up, Joan Biskupic, Ronald Brownstein, Alan Morrison Bloomberg Law The Supreme Court, Kate Bernot


Relist Watch Select

John Elwood reviews Monday’s relists. I really am stretched thin this week, so we’re offering the luxury of Relist Watch SelectTM. Both cases involve the authority of the secretary of health and human services to allow states to add work requirements to their Medicaid programs. Hopefully, we’ll be back next week with a full write-up.  New Relists Azar v. Gresham, 20-37 Issue: Whether the approval by the Secretary of Health and Human Services of the Arkansas Works Amendment was lawful. (relis...
Tags: Featured, Supreme Court, Law, Arkansas, Medicaid, Health And Human Services, 9th Circuit, Gresham, U S Court of Appeals, Cases in the Pipeline, John Elwood, Kayer, Relists Shinn, New Relists Azar


Argument analysis: ACA seems likely to survive, but on what ground?

After roughly two hours of oral argument in the Supreme Court on Tuesday, it appeared likely that the Affordable Care Act will survive yet another effort in the courts to dismantle it. Although there may be five votes to strike down the ACA’s individual mandate – the provision in the law that directs virtually all Americans to buy health insurance – a majority of the court in California v. Texas seemed to agree with the ACA’s defenders that even if the mandate is unconstitutional, the rest of th...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, House, House Of Representatives, ACA, Medicaid, Wall, Irs, Trump, Thomas, Hurley, Sonia Sotomayor


Case preview: Justices will consider constitutionality of ACA’s individual mandate again

This article is the first entry in a symposium previewing California v. Texas. Since Congress passed the Affordable Care Act in 2010, the Supreme Court has reviewed six cases testing various parts of the law or the regulations that flow from it. One week after Election Day, the court will hear oral argument in a seventh. The newest challenge, California v. Texas, will be the second time the justices review the constitutionality of the ACA’s individual mandate – the requirement that virtually all...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Court, House, House Of Representatives, Donald Trump, Ruth Bader Ginsburg, ACA, Medicaid, Irs, Kennedy, Paul Clement


October Term 2020 and the specter of (a lot of) mootness

Recent discussions of the Supreme Court’s upcoming term have understandably focused on the implications of the death of Justice Ruth Bader Ginsburg — and the seemingly inevitable confirmation of Judge Amy Coney Barrett to succeed her. At least some of that commentary, in turn, has raised the possibility of the court being called upon to potentially resolve the presidential election, or at least high-profile cases relating to it. But the election looms over the upcoming term in at least one other...
Tags: Featured, Supreme Court, Law, Mexico, Arkansas, House, House Of Representatives, Judiciary, Department Of Justice, Biden, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, Medicaid, Sierra Club, Trump


Morning Docket: 09.09.20

* Three New Hampshire hospitals are suing Vermont over Medicaid reimbursements. Maybe they'll accept payment in maple syrup... [Keene Sentinel] * The Kansas Supreme Court has ordered a suspended attorney to serve a 30-day jail sentence for practicing law while his license was revoked. [Kansas City Star] * The Justice Department is asking to defend President Trump in a defamation lawsuit over sexual assault allegations. [CNN] * An Iowa lawyer has been suspended from practice for accepting a ...
Tags: Supreme Court, Law, New Hampshire, Iowa, Medicaid, Vermont, Justice Department, Trump, Kansas Supreme Court, Kansas City Star, Morning Docket, President Trump, Keene Sentinel


Petitions of the week: Title VII for the military, Medicaid work requirements and more

This week we highlight cert petitions pending before the Supreme Court that ask the court to assess, among other things, whether Title VII of the Civil Rights Act of 1964 protects uniformed servicemembers and whether Medicaid coverage for certain beneficiaries can be tied to work or other requirements. In Jackson v. Braithwaite, a Black man who served in the Marines sued under Title VII, claiming that he was denied promotions and training opportunities because of his race. The U.S. Court of Appe...
Tags: Supreme Court, Law, California, Arkansas, Jackson, Medicaid, Puerto Rico, Lange, Gresham, Department of Health and Human Services, Braithwaite, Cases in the Pipeline, Azar, Puerto Rico Oversight Management, Vazquez Garced, In Jackson


Nearly 27 million Americans lost their job-based health insurance in pandemic, study shows

IMAGE: Health Insurance Coverage Before and After Job Loss Among People in a Family Experiencing Job Loss as of May 2, 2020, courtesy kff.org An estimated 27 million Americans may have lost employer-based health insurance because of pandemic layoffs, according to a Kaiser Family Foundation report released Wednesday. From CNN: Not all of those people will be left uninsured, however. Some 12.7 million would be eligible for Medicaid and another 8.4 million could qualify for subsidies to buy cov...
Tags: Health, Post, Business, News, Obamacare, Insurance, Economy, Cnn, Healthcare, Kaiser, Health Insurance, Health Care, ACA, Medicaid, Larry Levitt, Kaiser Family Foundation


Can the coronoavirus finally get Ohio's bipartsan criminal justice reforms over the finish line?

The question in the title of this post is prompted by this new Fox News piece headlined "Ohio lawmakers hope for bipartisan reform of prison system stressed by COVID-19." Here are excerpts from a long piece: Ohio lawmakers, lobbyists and researchers of various political stripes are finding a common cause in prison reform.  Bipartisan efforts to reform the troubled system have preceded the outbreak of COVID-19, but the virus has thrown the need for change into stark relief. Across Ohio’s prison ...
Tags: Law, Aclu, Ohio, Fox News, Columbus, Medicaid, General Assembly, Crawley, Court of Appeals, Lawson, Senate Bill, House Bill, Douglas A Berman, Buckeye Institute, Gary Daniels, Grendell


Petitions of the week

This week we highlight petitions pending before the Supreme Court that involve, among other things, the test that determines whether someone is “intellectually disabled” for purposes of the Eighth Amendment, whether the prosecution violates the Fifth Amendment’s self-incrimination clause when it uses a criminal defendant’s post-arrest, pre-Miranda-warning silence as evidence of guilt in its case-in-chief, and whether Medicaid recipients have a private right of action under 42 U.S.C. § 1983 and 4...
Tags: Supreme Court, Law, Department Of Defense, United States, Ford, Ohio, Medicaid, U S Court of Appeals, Kuang, 5th Circuit, Cases in the Pipeline, City Council of Baltimore, Mindes, Palacios Solis


As national COVID-19 cases top 1000, insurers waive treatment fees and U.S. preps stimulus

The number of COVID-19 cases in the U.S. crossed 1,000 on Tuesday as President Donald Trump met with the nation’s largest insurers and members of his cabinet to discuss how to pay for treatment and lessen the financial blow of the disease’s spread. With the nation’s healthcare apparatus beginning to get a better understanding of the proliferation of the virus that causes COVID-19 within its borders, efforts have shifted fully from containing the disease’s spread to stopping the contagion from ge...
Tags: Google, Amazon, TC, Facebook, New York, Technology, Biology, Microsoft, White House, Boston, Politico, US, Insurance, Tech, United States, President


As national COVID-19 cases top 1,000, insurers waive treatment fees and US preps stimulus

The number of COVID-19 cases in the U.S. crossed 1,000 on Tuesday as President Donald Trump met with the nation’s largest insurers and members of his cabinet to discuss how to pay for treatment and lessen the financial blow of the disease’s spread. With the nation’s healthcare apparatus beginning to get a better understanding of the proliferation of the virus that causes COVID-19 within its borders, efforts have shifted fully from containing the disease’s spread to stopping the contagion from ge...
Tags: Google, Amazon, TC, Facebook, New York, Technology, Biology, Microsoft, White House, Boston, Politico, US, Insurance, Tech, United States, President


Monday round-up

This morning the justices return to the bench for the February argument session. First on the agenda is the oral argument in U.S. Forest Service v. Cowpasture River Preservation Association, involving the power of the Forest Service to grant rights of way through lands traversed by the Appalachian Trail. Noah Sachs previewed the case for this blog. Philip Duggan and Kaitlyn Marasi have a preview at Cornell Law School’s Legal Information Institute. At Subscript Law, Mariam Morshedi provides a gra...
Tags: Google, Justice, Supreme Court, Law, Washington Post, Oregon, Court, America, Cnn, United States, New York Times, Sudan, SEC, Louisiana, Illinois, Vox


Ohio legislators predict more talk, but no likely action, on state's dormant death penalty

As regular readers know, Ohio has not had an execution in over 18 months and Gov Mike DeWine has repeatedly delayed scheduled executions because of concerns about the state's execution drugs.  This stalemate has led to some talk of legislative repeal, but this local news story, headlined "Ohio lawmakers unlikely to address state’s death-penalty problems soon," suggests that both executions and repeal are unlikely in the near future: Ohio legislative leaders indicated Tuesday that they will like...
Tags: Law, Senate, House, Ohio, Associated Press, Medicaid, General Assembly, Mike DeWine, Householder, DeWine, Douglas A Berman, Larry Obhof, Romell Broom, Obhof, Larry Householder, Robert Van Hook


Decade in review: The court upholds Obamacare

On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act into law. The law was almost immediately challenged in federal court, leading to three days of oral argument at the Supreme Court in March of 2012. And as if the stakes weren’t already high enough, the justices were expected to issue their decision in the middle of the presidential campaign. One crucial question before the justices involved the constitutionality of the “individual mandate,” the requir...
Tags: Featured, Supreme Court, Law, Obamacare, Obama, Congress, Cbs News, Barack Obama, Medicaid, John Roberts, Roberts, Crawford, Jan Crawford, Public Information Office, ACA Congress, 2010-2019 Decade in review


As health insurance rates continue to rise, some turn to a new model for care

By Nicole Hayden, USC Center for Health Journalism Collaborative To anyone looking at Laura Campbell’s life from the outside, it might be hard to see any sign of strain. She lives in a nice neighborhood in Huntington Beach and works for a small publishing company. She took an end-of-summer road trip with her kids. But for the widowed mom of teenage twins, health coverage is just out of reach. The company she works for is not obligated to provide health benefits and doesn’t do so, and she thinks ...
Tags: Health, Amazon, News, Law, Colorado, California, Sport, Soccer, Medicare, Jeff Bezos, Seattle, Donald Trump, Zillow, Medicaid, New Enterprise Associates, Miller


What Is Medicare?

Medicare covers a lot, but many older Americans who enroll in the health care program need other insurance as well. Some people 65 and older still work and have access to their employer’s health benefits. Others can still access health benefits during retirement. Still, others qualify for veterans benefits or even Medicaid — all while still qualifying for Medicare benefits. When you have several layers of insurance coverage available, how do you know which plan should be paying for which service...
Tags: Congress, Marketing, Insurance, Social Security, Medicare, Social Security Administration, Medicaid, Lou Gehrig, Medicare Advantage, Lyndon B Johnson, Medicare Advantage Plans, Medicare Insurance, Medicare Supplemental, Railroad Board, Medicare Part, Social Security Administration Someone


Argument preview: Justices to decide whether dismissal as untimely of Supplemental Security Income claimant’s request for review is final decision subject to judicial review

After a hearing, an administrative law judge denied Ricky Lee Smith’s application for supplemental security income benefits based on disability. The ALJ’s decision was dated March 26, 2014, and under the agency regulations, Smith was required to request review of the ALJ’s decision by the Appeals Council within 60 days of receiving the decision. Smith’s counsel alleges that he timely requested review of the ALJ’s decision. The Social Security Administration, however, has no record of receiving...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Smith, Social Security Administration, Medicaid, Sanders, APA, Sims, U S Court of Appeals, Casey, Gupta, 7th Circuit, ALJ


Hospital Wants to Discharge 92 Year Old Mother to Hospice

Let's call the 92 year old woman "Sara" and her adult son "Phil" for the sake of flow of the story. Three weeks ago Phil gets his mother Sara from Indiana and brings her to Florida to live with him. She has a multitude of health problems that he wasnt really aware of the extent when he made the decision to bring her to Florida. Sara is bedridden, needs 24/7 care, has a feeding tube, etc. Sara is only with Phil for a week when she gets a UTI and is hospitalized. Once she is hospitalized Phil r...
Tags: Florida, Law, Indiana, Medicare, Medicaid, Sarah, Disability and Elder Law, Sara, Phil, Medicaid Medicaid


"I think I'm going to switch over to Hickenlooper."

I say out loud, as I'm reading "John Hickenlooper, Former Colorado Governor, Declares Candidacy for President" (NYT). Last December, as you may know, I suddenly said — also out loud — "Why aren't the Democratic candidates better? I'm just going to be for Amy Klobuchar."But I've been worried about Amy. There was that comb-as-a-fork business, and just yesterday I was thinking there are too many Senators in the race, and I think we need a governor. There's Jay Inslee, but I'm thinking he's all abou...
Tags: Law, Colorado, Amy Klobuchar, Nerds, Denver, Medicaid, Coke, Democratic Party, Hart, Jay Inslee, John Hickenlooper, Hickenlooper, Gary Hart, Ann Althouse, Eyeglasses, 2020 Campaign


Execution of Deed: Transfer of Property

My question involves real estate located in the State of: Indiana My sisters and I have property in all three of our names. We want to transfer the property to just 2 of us as my older sister is in a nursing home on Medicaid and is having dementia issues. We also have her POA. Her POA states: " I, CJM, hereby nominate and appoint BWM, and PJD, and SJC, my co-attorneys-in-fact. if BWM cannot or is unwilling to act, then I appoint BHM to serve in his place as co-attorney-in-fact for me and in my ...
Tags: Law, Indiana, Medicaid, Buying, Selling and Conveying Real Estate, SJC, QCD


"[T]he hallmark of fanatical centrism is the determination to see America’s left and right as equally extreme, no matter what they actually propose."

"Thus, throughout the Obama years, centrists called for political leaders who would address their debt concerns with an approach that combined spending cuts with revenue increases, offer a market-based health care plan and invest in infrastructure, somehow never managing to acknowledge that there was one major figure proposing exactly that — President Barack Obama. And now, with Democrats taking a turn that is more progressive but hardly radical, centrist rhetoric has become downright hysterical...
Tags: Law, Obama, Elizabeth Warren, America, Barack Obama, Bloomberg, Medicare, Venezuela, Fox News, Medicaid, Paul Krugman, HARRIS, Schultz, Teddy Roosevelt, Hugo Chavez, Krugman


Ask the authors: The Supreme Court and the law of and for elites

The following is a series of questions posed by Ronald Collins to Neal Devins and Lawrence Baum on the occasion of the publication of their book “The Company They Keep: How Partisan Divisions Came to the Supreme Court” (Oxford University Press, 2019, 272 pp., cloth: $29.95). Neal Devins is the Sandra Day O’Connor Professor of Law at the College of William and Mary. Lawrence Baum is an emeritus professor of political science at Ohio State University. Welcome, Neal and Lawrence, and thank you fo...
Tags: Featured, Supreme Court, Law, Obama, Congress, White House, Book Reviews, Ronald Reagan, Arizona, William, Republican, Kerry, Donald Trump, Miranda, Fdr, East Bay


"Outside Mr. Walker’s Capitol office, protesters marched and drummed and chanted fury at what they saw as an effort to weaken unions and diminish Democrats."

"But Mr. Walker pushed through the measure, survived a recall election and went on to guide Wisconsin on a conservative path, adopting a concealed-carry law, expanding private school vouchers, enacting so-called right-to-work legislation, passing voter identification rules and setting work rules for Medicaid recipients.... The final package of legislation that Mr. Walker signed on Friday came after defeats for Republicans in Wisconsin, a swing state that Barack Obama and Donald J. Trump both won...
Tags: Law, Barack Obama, Wisconsin, Scott Walker, Medicaid, Capitol, Tony, Walker, Donald J Trump, State Legislature, Executive Power, Tony Evers, Ann Althouse, Mr Walker, Josh Kaul


Wednesday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that the Trump administration yesterday asked the Supreme Court to put a hold on a lower-court ruling that bars enforcement of a new policy prohibiting immigrants who enter the country illegally across the U.S.-Mexico border from requesting asylum. Additional coverage comes from Robert Barnes for The Washington Post, Andrew Chung at Reuters, Bob Egelko at the San Francisco Chronicle, Michael Burke at The Hill, Gr...
Tags: Supreme Court, Law, Washington Post, Mexico, Court, San Francisco, Fox News, Donald Trump, Medicaid, Justice Department, Robbins, Trump, Round-up, Reuters, U S Supreme Court, Robert Barnes


Tuesday round-up

Yesterday the Supreme Court issued additional orders from its conference last Friday, adding one case to its merits docket. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Education Week’s School Law Blog, Mark Walsh reports that the court agreed to review Kisor v. Wilkie, which raises “an important question about when courts should defer to a federal agency’s interpretation of its own ambiguous regulations.” Additional coverage comes from Ton...
Tags: Supreme Court, Law, Congress, Bloomberg, Ap, United States, New York Times, Kansas, Louisiana, Usa Today, The Washington Post, Chevron, Medicaid, Courthouse News Service, Round-up, Mark Sherman



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