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Wos v. E.M.A.

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.

DateProceedings and Orders (key to color coding)
06/07/2012Application (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.
06/14/2012Application (11A1171) granted by The Chief Justice extending the time to file until July 20, 2012.
07/20/2012Petition for a writ of certiorari filed. (Response due August 23, 2012)
08/23/2012Brief of respondents E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. in opposition filed.
09/04/2012Reply of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed.
09/05/2012DISTRIBUTED for Conference of September 24, 2012.
09/25/2012Petition GRANTED.
10/31/2012SET FOR ARGUMENT ON Tuesday, January 8, 2013.
11/09/2012Joint appendix filed. (statement of costs received)
11/09/2012Brief of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed.
11/15/2012Record received from U.S.C.A. for 4th Circuit. (1 envelope)
11/16/2012CIRCULATED.
11/16/2012Brief amicus curiae of National Governors Association filed. (Distributed)
11/16/2012Brief amici curiae of Texas, et al. filed. (Distributed)
12/10/2012Brief of respondents E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. filed. (Distributed)
12/10/2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/17/2012Brief amicus curiae of the United States filed. (Distributed)
12/17/2012Brief amicus curiae of Federation of Defense and Corporate Counsel filed. (Distributed)
12/17/2012Brief amici curiae of American Association for Justice, et al. filed. (Distributed)
12/17/2012Brief amici curiae of AARP, et al. filed. (Distributed)
12/28/2012Reply of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed. (Distributed)
01/04/2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/08/2013Argued. 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.)
03/20/2013Adjudged 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.
04/22/2013JUDGMENT ISSUED.
04/23/2013Record returned to U.S.C.A. for 4th Circuit.

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.