Gresham v. Becerra, D.D.C., D.C. Circuit and, Supreme Court

Executive Summary

Arkansas residents enrolled in Medicaid filed a lawsuit against the Trump administration challenging its approval of a Section 1115 waiver which would allow Arkansas to impose onerous conditions on eligibility, including work requirements, and eliminate retroactive coverage. These changes will terminate Medicaid coverage of tens of thousands of low-income individuals and families in the State.

Partners: Southern Poverty Law Center, Legal Aid of Arkansas

This case was formerly called Gresham v. Azar.


Legal Documents

District Court

Complaint – Exhibits

Defendant’s Objection to Related-Case Designation

Arkansas’s Motion to Intervene

Plaintiffs’ Response to Objection to Related-Cases Designation

Plaintiffs’ Motion for Summary Judgement

Amicus Brief of Deans, Chairs, and Scholars

Amicus Brief of the National Alliance for Mental Health

Federal Defendants’ Memo on Summary Judgment

Arkansas’ (Defendant Intervenor) Memo on Summary Judgment

Plaintiffs’ Reply Memo In Support of Summary Judgment

Arkansas’ (Defendant Intervenor) Reply Brief

Federal Defendants’ Reply Brief


Court of Appeals

Federal Defendant-Appellant Opening Brief

Arkansas (Defendant Intervenor-Appellant) Opening Brief

Plaintiff-Appellees Response Brief

Reply Brief for the Federal Appellants

Reply Brief for the State of Arkansas


Supreme Court

Brief for the Federal Petitioners

Arkansas Brief for the Petitioners

New Hampshire Brief for the Petitioners

Amicus in Support of Petitioners: State of NebraskaState of Indiana et al.Foundation for Government Accountability

Brief for Respondents 

Amicus in Support of Respondents from: Nebraska Appleseed; National Women’s Law Center et al.; Health Care Provider Organizations and Patient Groups; AARP et al.; Leukemia & Lymphoma Society et al.; Texas Medical-Legal Partnerships; Public Health, Health Policy Medicine Deans, Chairs and Scholars

Motion to Vacate the Judgments of the Court of Appeals and Remand from the Federal Petitioner

Response from State of Arkansas in Opposition to Request to Vacate the Judgments of the Court of Appeals

Reply in Support of Motion to Vacate the Judgments of the Courts of Appeals from the Federal Petitioners

Reply of Federal Petitioners

Reply of State of Arkansas

Letter from Solicitor General regarding status of State Administrative Appeals at HHS

Suggestion of Mootness and Motion to Vacate the Judgments of the Court of Appeals and to Remand

Gresham order vacating judgments below with instructions to dismiss the case as moot. Philbrick order vacating D.C. Circuit judgment with instructions to remand to HHS.

Last Updated 02/24/2023


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