|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-98||4th Cir.||Jan 8, 2013||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.
|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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