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Wos v. E.M.A.

Docket No.12-98
Op. Below4th Cir.
ArgumentJan 8, 2013
Vote6-3
AuthorAnthony McLeod Kennedy
OpinionMar 20, 2013
TermOctober Term 2012
SCOTUS PageOpinion

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 Anthony McLeod Kennedy on Mar 20, 2013. Justice Breyer filed a concurring opinion. Chief Justice Roberts filed a dissenting opinion in which Justice Scalia and Justice Thomas joined.

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.

Proceedings & orders timeline

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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