The Obama Administration is taking up positions against Medicaid in a case pending in the United States Supreme Court. The case is Douglas v. Independent Living Center of Southern California, U.S. Supreme Court Case No. 09-958. Note that this link will take you to the U.S. Supreme Court's Docket of the Case, which in turn has links to find and, in some cases, to pay for copies of the Briefs filed in the case. It also provides a list of the Counsel of Record as long as your arm.
The Administration's positions in this important case include that people who receive Medicaid have no standing in Courts to pursue lawsuits against State Officials responsible for cutting Medicaid benefits or reducing Medicaid services. It takes this position against Medicaid "even if such cuts compromise access to care for the poor." Robert Pear, "Democrats Challenging Administration On Medicaid" p. A10, col. 5 (New York Times Nat'l ed., Tuesday, August 9, 2011).
An amicus brief filed by some well-known supporters of Medicaid advances positions squarely opposing the Administration's positions that, in the words of the amicus brief in question, "would undermine the effectiveness of Medicaid" and conflict with over 100 years of Court precedents. The people on whose behalf the amicus brief was filed include:
- Sen. Max Baucus;
- Hon. Nancy Pelosi;
- Sen. Harry Reid, and
- Hon. Henry A. Waxman.
In a previously filed amicus brief in the same case, former Federal Officials including people who served as Secretary of Health and Human Services, and Director of Medicaid and Medicare, the same or similar positions were advanced in opposition to the positions announced by the Obama Administration. Like the Senators and Members of Congress who subscribed to the first amicus which I have mentioned here, these former Federal Officials are also all Democrats, advancing a Democratic position in favor of the poor people who receive benefits and services under Medicaid. The former Officials include:
- Joseph A. Califano, Jr.;
- Donna E. Shalala, and
- Bruce C. Vladeck.
In addition to the briefs filed by these persons, others who have also filed amici in this important case include:
- AARP;
- The American Hospital Association;
- The American Medical Association and
- The U.S. Chamber of Congress.
On the side of the Obama Administration is the National Governors Association, a majority of whom are of course not Democrats nor ever known to be in favor of poor people receiving medical benefits or care under Medicaid. See id.
Here is a link to every brief filed in the case. Note that the link is to a site maintained by the American Bar Association, and not by the Court.
Which way do you think the current majority of Justices on the U.S. Supreme Court will rule?
The author is Co-Chair of the Health, Life and Disability Subcommittee of the American Bar Association's Insurance Coverage Litigation Committee.
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