Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Alexander v. Lewis

Petition for certiorari denied on January 14, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-470 3d Cir N/A N/A N/A N/A OT 2012

Issue: (1) Whether 42 U.S.C. § 1396p(d)(4) imposes a mandatory obligation on states to exclude certain trusts from eligibility determinations, such that Medicaid recipients and their trusts may pursue a private cause of action to enforce this provision; and (2) whether recipients and their trusts may maintain such an action under the Constitution’s Supremacy Clause by asserting that Section 1396p(d)(4) preempts a state law that requires that these trusts be counted.obligation on states to exclude certain trusts from eligibility determinations, such that Medicaid recipients and their trusts may pursue a private cause of action to enforce this provision. 2. Whether recipients and their trusts maintain such an action under the Constitution’s Supremacy Clause by asserting that § 1396p(d)(4) preempts a state law that requires that these trusts be counted.

DateProceedings and Orders
Oct 11 2012Petition for a writ of certiorari filed. (Response due November 15, 2012)
Nov 9 2012Order extending time to file response to petition to and including December 14, 2012.
Nov 15 2012Brief amici curiae of Michigan, et al. filed.
Dec 14 2012Brief of respondents Zackery D. Lewis, et al. in opposition filed.
Dec 26 2012DISTRIBUTED for Conference of January 11, 2013.
Jan 2 2013Reply of petitioners Gary Alexander, Secretary, Pennsylvanie Department of Public Welfare, et al. filed. (Distributed)
Jan 14 2013Petition DENIED.
 
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