Wos v. E.M.A.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-98 | 4th Cir. |
Jan 8, 2013 Tr.Aud. |
Mar 20, 2013 | 6-3 | Kennedy | OT 2012 |
Holding: The anti-lien provision of the federal Medicaid statute pre-empts North Carolina’s irrebuttable statutory presumption that one-third of any tort recovery by a Medicaid beneficiary is attributable to medical expenses.
Judgment: Affirmed, 6-3, in an opinion by Justice Kennedy on March 20, 2013. Justice Breyer filed a concurring opinion. Chief Justice Roberts filed a dissenting opinion in which Justice Scalia and Justice Thomas joined.
SCOTUSblog Coverage
- Opinion recap: Justices reject North Carolina’s lien on Medicaid claimant’s tort recoveries
- Argument recap: Justices mull state’s right to Medicaid claimant’s tort recoveries
- Argument preview: North Carolina spars with Medicaid claimant over reimbursement
- Six new grants, redistricting ruling
| Date | Proceedings and Orders |
|---|---|
| Jun 7 2012 | Application (11A1171) to extend the time to file a petition for a writ of certiorari from June 20, 2012 to July 20, 2012, submitted to The Chief Justice. |
| Jun 14 2012 | Application (11A1171) granted by The Chief Justice extending the time to file until July 20, 2012. |
| Jul 20 2012 | Petition for a writ of certiorari filed. (Response due August 23, 2012) |
| Aug 23 2012 | Brief of respondents E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. in opposition filed. |
| Sep 4 2012 | Reply of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed. |
| Sep 5 2012 | DISTRIBUTED for Conference of September 24, 2012. |
| Sep 25 2012 | Petition GRANTED. |
| Oct 31 2012 | SET FOR ARGUMENT ON Tuesday, January 8, 2013. |
| Nov 9 2012 | Joint appendix filed. (statement of costs received) |
| Nov 9 2012 | Brief of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed. |
| Nov 15 2012 | Record received from U.S.C.A. for 4th Circuit. (1 envelope) |
| Nov 16 2012 | CIRCULATED. |
| Nov 16 2012 | Brief amicus curiae of National Governors Association filed. (Distributed) |
| Nov 16 2012 | Brief amici curiae of Texas, et al. filed. (Distributed) |
| Dec 10 2012 | Brief of respondents E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. filed. (Distributed) |
| Dec 10 2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Dec 17 2012 | Brief amicus curiae of the United States filed. (Distributed) |
| Dec 17 2012 | Brief amicus curiae of Federation of Defense and Corporate Counsel filed. (Distributed) |
| Dec 17 2012 | Brief amici curiae of American Association for Justice, et al. filed. (Distributed) |
| Dec 17 2012 | Brief amici curiae of AARP, et al. filed. (Distributed) |
| Dec 28 2012 | Reply of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed. (Distributed) |
| Jan 4 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Jan 8 2013 | Argued. For petitioner: John F. Maddrey, Solicitor General, Raleigh, N. C. For respondents: Christopher G. Browning, Jr., Raleigh, N. C.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Mar 20 2013 | Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion. Roberts, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined. |
| Apr 22 2013 | JUDGMENT ISSUED. |
| Apr 23 2013 | Record returned to U.S.C.A. for 4th Circuit. |
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