Civil Procedure

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November 24, 2025
Do My Comments Really Matter? Demystifying the Public Comment Process (Updated November 2025)
Mara Youdelman and Dania Douglas Issue Brief
In this updated issue brief, NHeLP's Mara Youdelman and Dania Douglas discuss the importance of public comments in shaping policy and explains the process for submitting comments and how they impact implementation of federal regulations. Each time a federal agency wants to adopt or change regulations, it has to…
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August 1, 2023
Case Explainer: Health & Hospital System of Marion Co., Indiana v. Talevski
Jane Perkins Issue Brief, Fact Sheet, Guide, Case Explainer
In Health and Hospital System of Marion County, Indiana v. Talevski, the Supreme Court addressed whether provisions of federal safety net programs can be enforced by individuals pursuant to 42 U.S.C. § 1983 and, if so, whether individuals can enforce provisions of the Medicaid Nursing Home Reform Act. The…
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May 15, 2023
Principles for Fairer, More Responsive Automated Decision-Making Systems
Elizabeth Edwards and David Machledt Issue Brief, Manual/Report, Fact Sheet, Guide, Case Explainer
Many government agencies use automated decision-making systems (ADS) for public benefits coverage and enrollment decisions, including Medicaid. By ADS we mean, broadly, systems that use standardized logic or algorithms to assess eligibility for and access to public benefits. This includes not only sophisticated “big data” systems, such as programs…
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April 17, 2023
What Makes Medicaid, Medicaid?
Wayne Turner Issue Brief, Fact Sheet
With the passage of the Affordable Care Act (ACA) in 2010, and the implementation of Medicaid expansions and Marketplaces in 2014, the U.S. significantly expanded access to health insurance coverage. Architects of the ACA rightly viewed Medicaid as an essential piece of the universal coverage puzzle. Indeed, Medicaid is…
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February 15, 2023
Delegation of Rulemaking Authority in Light of the “Major Questions Doctrine”
Jane Perkins and Erica Turret* Court Document, Issue Brief, Fact Sheet
In West Virginia v. EPA, the Supreme Court addressed a “particular and recurring problem: agencies asserting highly consequential power beyond what Congress could reasonably be understood to have granted.” By a 6-3 majority, the Court held that, when a “major question” is involved, the decision on how to regulate…
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February 25, 2022
Fact Sheet: Private Enforcement of the Medicaid Act Under 42 U.S.C. § 1983
Jane Perkins Fact Sheet
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Civil Procedure Archive

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Do My Comments Really Matter? Demystifying the Public Comment Process (Updated November 2025)

Case Explainer: Health & Hospital System of Marion Co., Indiana v. Talevski

Principles for Fairer, More Responsive Automated Decision-Making Systems

Delegation of Rulemaking Authority in Light of the “Major Questions Doctrine”

Fact Sheet: Private Enforcement of the Medicaid Act Under 42 U.S.C. § 1983

Civil Procedure Archive

Never miss a thing.

Subscribe today.

Do My Comments Really Matter? Demystifying the Public Comment Process (Updated November 2025)

Case Explainer: Health & Hospital System of Marion Co., Indiana v. Talevski

Principles for Fairer, More Responsive Automated Decision-Making Systems

What Makes Medicaid, Medicaid?

Delegation of Rulemaking Authority in Light of the “Major Questions Doctrine”

Fact Sheet: Private Enforcement of the Medicaid Act Under 42 U.S.C. § 1983