Today the Acting Solicitor General filed an invitation brief in Maxwell-Jolly v. Independent Living Center of Southern California, Inc. (09-958), recommending that the Court deny certiorari.  At issue in the case is whether Medicaid recipients and providers may maintain a cause of action under the Supremacy Clause to enforce 42 U.S.C. § 1396a(a)(30)(A) of the Medicaid Act by asserting that the provision preempts a state law reducing reimbursement rates; and whether a state law reducing Medicaid reimbursement rates may be held preempted by Section 1396a(a)(30)(A) based on requirements that do not appear in the text of the statute.  The Acting Solicitor General's brief is available here.

Posted in Douglas v. In. Liv'g Ctr. of S. Cal., Merits Cases

Recommended Citation: Anna Christensen, Another invitation brief, SCOTUSblog (Dec. 3, 2010, 5:35 PM), http://www.scotusblog.com/2010/12/another-invitation-brief/