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July 23, 2013
Fourth Circuit Allows Medicaid Case to Proceed
dfitzgerald Issue Brief
On May 9th, the Fourth Circuit Court of Appeals became the first circuit court to decide a novel set of sovereign immunity issues that are being raised in three other federal circuit courts. The case, Antrican v. Odom, was a unanimous decision written by Judge Niemeyer. See 2002…
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July 23, 2013
The New Federalism: Strict construction v. Ahistorical literalism
Jane Perkins Issue Brief
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July 23, 2013
Gonzaga University v. Doe: Supreme Court Tightens Scope of Rights Enforceable U
External Source Issue Brief
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July 23, 2013
Q & A: Deference Owed to State Medicaid Manual and Federal Letters
Jane Perkins Issue Brief
Question: Our office is involved in a dispute with the state over its implementation of the Medicaid program. We have found support for our position in documents prepared by the Centers for Medicare and Medicaid Services (CMS) or its predecessor agency, the Health Care Financing Administration. This support…
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July 23, 2013
Q & A on Abrogation of 11th Amendment Immunity under Title II of the ADA
External Source Issue Brief
TA QUESTION OF THE MONTH Prepared by the Disabilities Law Project and the Bazelon Center for Mental Health Law Q. In its February 2001 Garrett decision, the Supreme Court chose not to decide whether Congress had the authority to abrogate states? Eleventh Amendment immunity…
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July 23, 2013
Supreme Court won’t hear challenge to Medicaid beneficiaries’ victory
dfitzgerald Issue Brief
On October 21, 2002, the Supreme Court let stand a lawsuit accusing North Carolina of condemning poor children to inadequate dental care by keeping Medicaid reimbursement for dentists so low that most of the state's dentists won't see covered patients. The state had argued without success in federal…
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Fourth Circuit Allows Medicaid Case to Proceed

The New Federalism: Strict construction v. Ahistorical literalism

Gonzaga University v. Doe: Supreme Court Tightens Scope of Rights Enforceable U

Q & A: Deference Owed to State Medicaid Manual and Federal Letters

Q & A on Abrogation of 11th Amendment Immunity under Title II of the ADA

Supreme Court won’t hear challenge to Medicaid beneficiaries’ victory