Editor's Note :

Editor's Note :

We expect additional orders from the December 2 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday.
On Monday the court hears oral arguments in Bethune-Hill v. Virginia State Board of Elections and McCrory v. Harris. Amy Howe has our preview.

McCormick v. Idaho Department of Health and Welfare

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-565 Idaho TBD TBD TBD TBD TBD

Issue: (1) Whether assets which a Medicaid recipient divested during her lifetime fall within that individual’s “estate” as defined in 42 U.S.C. § 1396p(b)(4); and (2) if not, whether 42 U.S.C. § 1396p(b)(4) preempts Idaho statutes and regulations that authorize the Idaho Department of Health and Welfare to assert Medicaid recovery claims against assets in which the Medicaid recipient did not have any legal title to or interest in at the time of the recipient’s death.

DateProceedings and Orders
Nov 5 2012Petition for a writ of certiorari filed. (Response due December 7, 2012)
Dec 4 2012Brief of respondent Idaho Department of Health and Welfare in opposition filed.
Dec 19 2012DISTRIBUTED for Conference of January 11, 2013.
Mar 20 2013DISTRIBUTED for Conference of March 22, 2013.
Mar 25 2013Petition DENIED.
Term Snapshot