Case: Gresham v. Azar

1:18-cv-01900 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 14, 2018

Closed Date: July 12, 2023

Clearinghouse coding complete

Case Summary

This case challenged the federal government’s approval of an Arkansas Medicaid work requirement that conditioned continued coverage for certain adults on completing and reporting work or community-engagement activities. The following background regarding Medicaid, the ACA expansion, § 115 waivers, and the development of Arkansas Works is drawn primarily from the plaintiffs’ complaint and is also described in the D.C. Circuit’s later opinion. Title XIX of the Social Security Act (SSA) has provid…

This case challenged the federal government’s approval of an Arkansas Medicaid work requirement that conditioned continued coverage for certain adults on completing and reporting work or community-engagement activities.

The following background regarding Medicaid, the ACA expansion, § 115 waivers, and the development of Arkansas Works is drawn primarily from the plaintiffs’ complaint and is also described in the D.C. Circuit’s later opinion.

Title XIX of the Social Security Act (SSA) has provided medical care assistance to certain vulnerable populations under a cooperative federal-state arrangement, approved by the Secretary of Health and Human Services (HHS). In 2010, Congress passed the Affordable Care Act (ACA) (“Obamacare”) which expanded Medicaid coverage to include an additional group of low-income adults under the age of 65. States that chose to participate in Medicaid were required to comply with federal Medicaid requirements, while states could choose whether to participate in the ACA’s Medicaid expansion.

In certain narrow cases, states were permitted to waive certain Medicaid Act requirements under § 1115 of the SSA, but only when the waiver promoted the objectives of the Medicaid Act. Otherwise, states were forbidden from picking and choosing individuals within a covered group. Arkansas was one of the first states to expand Medicaid after the ACA was passed, extending coverage in January 2014 to adults under the age of 65 through private health plans. The expansion was renamed “Arkansas Works” (AW) when it was renewed in 2016 and extended through 2021. At that time, Arkansas requested permission to make employment a condition of Medicaid coverage, but the Centers for Medicare & Medicaid Services (CMS) denied the request because it was inconsistent with the purposes of the Medicaid program.

In 2017, HHS changed its policy regarding Medicaid work requirements and invited states to seek approval for work and community-engagement requirements through § 1115 demonstration projects. Arkansas Governor Asa Hutchinson subsequently proposed amendments to Arkansas Works that included a work requirement and reduced retroactive coverage. On March 5, 2018, HHS approved the Arkansas Works Amendments (AWA), including the work requirement. 

On August 14, 2018, three Arkansas residents enrolled in Medicaid through Arkansas Works filed a lawsuit against HHS and CMS in the U.S. District Court for the District of Columbia. The plaintiffs alleged that, in approving the AWA in March 2018, the federal government violated the Administrative Procedure Act (APA) and exceeded the Secretary of HHS’s authority under § 1115 of the Social Security Act (SSA). According to the plaintiffs, AWA sought to undermine the ACA and its Medicaid expansion through a fundamental alteration of those statutes. The plaintiffs also alleged that the defendants’ actions violated the Constitution's Take Care Clause by effectively altering statutory requirements enacted by Congress. All three plaintiffs were Medicaid beneficiaries who had lost or risked losing medical coverage due to changes in the AW program, which, as a condition of coverage, required able-bodied adults from ages 19 to 49 complete 80 hours per month of qualifying work or community-engagement activities and report those activities online. One plaintiff lost his Medicaid coverage after failing to continue reporting his work activity each month; after he could no longer afford his medications, his health worsened, and he subsequently lost his job. The other two plaintiffs, who were employed at the time of the lawsuit, anticipated losing their Medicaid coverage due to the new work requirements.

The plaintiffs alleged that HHS violated the U.S. Constitution and federal law by approving the Medicaid work requirement and that the SSA did not permit the Secretary of HHS to waive federal Medicaid requirements. Represented by Legal Aid of Arkansas, the Southern Poverty Law Center, and the National Health Law Program, the plaintiffs sought declaratory and injunctive relief against the AWA and attorneys’ fees. The case was assigned to Judge James E. Boasberg.

On November 5, 2018, the plaintiffs filed an amended complaint that added additional plaintiffs, and moved for summary judgment, arguing principally that HHS’s approval of the AWA was arbitrary and capricious and exceeded the Secretary’s statutory authority. The state of Arkansas also intervened as a defendant on November 30, 2018.

On March 27, 2019, Judge Boasberg granted the plaintiffs’ motion for summary judgment, denied the defendants’ cross-motions, vacated HH’s approval of the Arkansas Works Amendment, and remanded the matter to the agency. Gresham v. Azar, 363 F. Supp. 3d 165 (D.D.C. 2019). 

In explaining that ruling, Judge Boasberg considered under the APA whether the Secretary had adequately considered the AWA’s effect on the provision of health coverage to eligible low-income people and whether the amendment would promote Medicaid’s objectives. The court relied on its earlier decision in Stewart v. Azar, which involved a similar Kentucky Medicaid demonstration and held that the Secretary had failed to adequately consider the project’s effect on Medicaid coverage. 

Judge Boadberg concluded that the SEcretary likewise failed to adequately consider how the AWA would lead to the loss of coverage for a substantial number of Arkansas residents. Because providing medical coverage to people in need was a core objective of Medicaid, the court held that the Secretary’s approval of the AWA was arbitrary and capricious.

On April 10, 2019, the federal defendants and the state of Arkansas appealed to the U.S. Court of Appeals for the District of Columbia Circuit, docketed as 19-5094 (federal defendants’ appeal) and 19-5096 (state of Arkansas’s appeal). The parties briefed the appeal and oral arguments were held on October 11, 2019.

On February 14, 2020, the Court of Appeals, in a decision on the consolidated appeals, affirmed the district court's judgment vacating the Secretary's approval of the Arkansas Works Amendments. See Gresham v. Azar, 950 F.3d 93 (D.C. Cir. 2020). Written by Senior Circuit Judge Sentelle, the opinion emphasized that providing health-care coverage was the primary purpose of Medicaid. The defendants identified alternative objectives including better health outcomes, financial independence, and the transition to commercial coverage, but the court held that those alternative objectives could not substitute for Medicaid’s principal objective of providing health-care coverage. The appellate court found the Secretary's approval of the Arkansas program arbitrary and capricious due to the failure to consider whether the program would result in a loss of coverage, an important aspect of the approval analysis.

On July 13, 2020, the federal defendants and Arkansas each filed petitions for writs of certiorari in the U.S. Supreme Court, docketed as Nos. 20-37 and 20-38. On December 4, 2020, the Supreme Court granted both petitions, consolidated the cases, and scheduled them for argument.

In February 2021, however, HHS began reconsidering previously approved Medicaid work requirements. On March 17, 2021, HHS withdrew its approval of the work-related requirements in Arkansas’s demonstration project. The Supreme Court subsequently removed the cases from its argument calendar. The Arkansas Works demonstration later expired by its own terms on December 31, 2021. In 2022, the federal government informed the Supreme Court that the cases had become moot. On April 18, 2022, the Supreme Court vacated the D.C. Circuit’s judgments in Nos. 19-5094 and 19-5096 and remanded with instructions to direct the district court to vacate its judgment and dismiss the case as moot.

On May 25, 2022, the district court vacated its judgment and dismissed the case without prejudice as moot. The parties continued litigating attorneys’ fees and costs. On July 12, 2023, they notified the court that they had reached a settlement resolving all claims for attorneys’ fees, costs, and litigation expenses. 

The case is closed.

Summary Authors

Ian Carley (9/13/2026)

Averyn Lee (4/3/2019)

Kat Zhao (3/12/2020)

Related Cases

Stewart v. Azar, District of District of Columbia (2018)

Young v. Azar, District of District of Columbia (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7658871/parties/gresham-v-azar/


Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorney for Plaintiff

Brooke, Samuel (Alabama)

Attorney for Defendant

Andrapalliyal, Vinita (District of Columbia)

Expert/Monitor/Master/Other

Blau, Zachary Michael Spiegel (District of Columbia)

Bronni, Nicholas Jacob (Arkansas)

Documents in the Clearinghouse

Documents in this case

1:18-cv-01900

Docket [PACER]

April 27, 2020

April 27, 2020

Docket
1

1:18-cv-01900

Complaint for Declaratory and Injunctive Relief

Aug. 14, 2018

Aug. 14, 2018

Complaint
26

1:18-cv-01900

First Amended Complaint for Declaratory and Injunctive Relief

Nov. 5, 2018

Nov. 5, 2018

Complaint
58

1:18-cv-01900

Memorandum Opinion

March 27, 2019

March 27, 2019

Order/Opinion

363 F.Supp.3d 165

1208202286

19-05094

Judgment

U.S. Court of Appeals for the District of Columbia Circuit

Feb. 14, 2020

Feb. 14, 2020

Order/Opinion
1208202289

19-05094

Opinion

U.S. Court of Appeals for the District of Columbia Circuit

Feb. 14, 2020

Feb. 14, 2020

Order/Opinion

950 F.3d 93

1828589

19-05094

Opinion

U.S. Court of Appeals for the District of Columbia Circuit

Feb. 14, 2020

Feb. 14, 2020

Order/Opinion

950 F.3d 93

20-00038

Petition for a Writ of Certiorari

Arkansas v. Gresham

Supreme Court of the United States

July 13, 2020

July 13, 2020

Pleading / Motion / Brief

20-00037

Petition for a Writ of Certiorari

Azar II v. Gresham

Supreme Court of the United States

July 13, 2020

July 13, 2020

Pleading / Motion / Brief

20-00038

Petition for a Writ of Certiorari

State of Arkansas v. Gresham et al.

Supreme Court of the United States

July 13, 2020

July 13, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7658871/gresham-v-azar/

Last updated Sept. 13, 2026, 12:54 p.m.

Docket for: GRESHAM v. AZAR
ECF Number Date Description Link
1 Aug. 14, 2018

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5637744) filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Supplement)(Perkins, Jane) (Entered: 08/14/2018)

1 Civil Cover Sheet

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Supplement

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Clearinghouse
2 Aug. 14, 2018

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:18-cv-00152. (Perkins, Jane) (Entered: 08/14/2018)

RECAP
3 Aug. 14, 2018

REQUEST FOR SUMMONS TO ISSUE U.S. Department of Health and Human Services re 1 Complaint, filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. Related document: 1 Complaint, filed by MARISOL ARDON, CHARLES GRESHAM, CESAR ARDON.(Perkins, Jane) (Entered: 08/14/2018)

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Aug. 14, 2018

Case Assigned/Reassigned

Aug. 14, 2018

Case Assigned to Judge James E. Boasberg. (zsb)

4 Aug. 15, 2018

SUMMONS (4) Issued Electronically as to ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 08/15/2018)

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5 Aug. 21, 2018

REQUEST FOR SUMMONS TO ISSUE U.S. Attorney General re 1 Complaint, filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. Related document: 1 Complaint, filed by MARISOL ARDON, CHARLES GRESHAM, CESAR ARDON.(Perkins, Jane) (Entered: 08/21/2018)

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6 Aug. 21, 2018

REQUEST FOR SUMMONS TO ISSUE Civil Process Clerk re 1 Complaint, filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. Related document: 1 Complaint, filed by MARISOL ARDON, CHARLES GRESHAM, CESAR ARDON.(Perkins, Jane) (Entered: 08/21/2018)

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7 Aug. 21, 2018

NOTICE of Appearance by Catherine A. McKee on behalf of All Plaintiffs (McKee, Catherine) (Entered: 08/21/2018)

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8 Aug. 21, 2018

ERRATA Complaint Corrected Exh. 4 by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM 1 Complaint, filed by MARISOL ARDON, CHARLES GRESHAM, CESAR ARDON. (Perkins, Jane) (Entered: 08/21/2018)

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9 Aug. 24, 2018

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 08/24/2018)

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10 Aug. 27, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 8/23/2018 (Perkins, Jane) (Entered: 08/27/2018)

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11 Aug. 27, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 8/23/2018 (Perkins, Jane) (Entered: 08/27/2018)

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12 Aug. 27, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/27/2018. (Perkins, Jane) Modified on 9/6/2018 (znmw). (Entered: 08/27/2018)

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13 Aug. 27, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/23/2018. (Perkins, Jane) Modified to add party served on 9/6/2018 (znmw). (Entered: 08/27/2018)

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14 Aug. 27, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEEMA VERMA served on 8/23/2018. (Perkins, Jane) Modified to add party served on 9/6/2018 (znmw). (Entered: 08/27/2018)

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15 Aug. 27, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/27/2018. Answer due for ALL FEDERAL DEFENDANTS by 10/26/2018. (Perkins, Jane) (Entered: 08/27/2018)

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16 Aug. 28, 2018

NOTICE of Appearance by Vinita B. Andrapalliyal on behalf of ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Andrapalliyal, Vinita) (Entered: 08/28/2018)

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17 Aug. 28, 2018

RESPONSE 2 OF OBJECTION TO DESIGNATION OF RELATED CASES by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA re 2 Notice of Related Case (Andrapalliyal, Vinita) Modified text and linkage on 8/29/2018 (ztd). (Entered: 08/28/2018)

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18 Sept. 5, 2018

Unopposed MOTION to Intervene by STATE OF ARKANSAS (Attachments: # 1 Exhibit A - Proposed Answer, # 2 Text of Proposed Order Proposed Order)(Bronni, Nicholas) (Entered: 09/05/2018)

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19 Sept. 5, 2018

NOTICE of Appearance by Nicholas Jacob Bronni on behalf of STATE OF ARKANSAS (Bronni, Nicholas) (Entered: 09/05/2018)

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20 Sept. 5, 2018

NOTICE of Appearance by Dylan L Jacobs on behalf of STATE OF ARKANSAS (Jacobs, Dylan) (Entered: 09/05/2018)

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21 Sept. 6, 2018

RESPONSE to 17 Objection to Related Case Designation filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. (McKee, Catherine); Modified text on 9/11/2018 (tth). (Entered: 09/06/2018)

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Sept. 6, 2018

Order on Motion to Intervene

Sept. 6, 2018

MINUTE ORDER: The Court ORDERS that Intervenor's 18 Motion is GRANTED, and it shall abide by the same rules and deadlines applicable to Defendants. So ORDERED by Judge James E. Boasberg on 9/6/2018. (lcjeb1)

22 Sept. 12, 2018

ANSWER to Complaint by STATE OF ARKANSAS.(Bronni, Nicholas) (Entered: 09/12/2018)

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Sept. 12, 2018

Order

Sept. 12, 2018

MINUTE ORDER: The Court ORDERS that Defendants' 17 Objection to Related-Case Designation is OVERRULED. Among other reasons, both cases' common factual and legal issues, many of which are quite complex, militate in favor of this Court retaining the new case in the interests of judicial economy. So ORDERED by Judge James E. Boasberg on 9/12/2018. (lcjeb2)

Sept. 13, 2018

Order

Sept. 13, 2018

MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a proposed joint briefing schedule by September 27, 2018. So ORDERED by Judge James E. Boasberg on 9/13/2018. (lcjeb2)

Sept. 13, 2018

Set/Reset Deadlines

Sept. 13, 2018

Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/27/2018. (znbn)

23 Sept. 27, 2018

PROPOSED BRIEFING SCHEDULE (Joint) by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. (McKee, Catherine) (Entered: 09/27/2018)

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Sept. 28, 2018

Order

Sept. 28, 2018

MINUTE ORDER: The Court ADOPTS the parties' 23 Joint Proposed Briefing Schedule and ORDERS that: 1) Defendants shall produce the administrative record by October 15, 2018; 2) Plaintiffs shall file their Motion for Summary Judgment and First Amended Complaint by November 5, 2018; 3) Defendants and Intervenor shall file their Oppositions to Plaintiffs' Motion and their Motions to Dismiss and/or Motions for Summary Judgment by November 30, 2018; 4) Plaintiffs shall file their Opposition to Defendants' Motion(s) and Reply in support of their Motion by December 21, 2018; 5) Defendants and Intervenor shall file their Replies in support of their Motions by January 14, 2019; and 6) Defendants' obligation to Answer the Complaint is STAYED until resolution of these Motions. So ORDERED by Judge James E. Boasberg on 9/28/2018. (lcjeb2)

Sept. 28, 2018

Set/Reset Deadlines: Administrative Record due by 10/15/2018. Summary Judgment motions due by 11/5/2018. Response to Motion for Summary Judgment due by 11/30/2018. Reply to Motion for Summary Judgment due by 12/21/2018. Replies due by 1/14/2019. (znbn)

Sept. 28, 2018

Set/Reset Deadlines

Sept. 28, 2018

Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 12/21/2018. (znbn)

24 Oct. 10, 2018

NOTICE of Appearance by Matthew Charles Skurnik on behalf of ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Skurnik, Matthew) (Entered: 10/10/2018)

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25 Oct. 15, 2018

NOTICE OF FILING OF CERTIFIED INDEX TO ADMINISTRATIVE RECORD by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Certified AR Index)(Skurnik, Matthew) (Entered: 10/15/2018)

1 Certified AR Index

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26 Nov. 5, 2018

AMENDED COMPLAINT against ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM, ADRIAN MCGONIGAL, VERONICA WATSON, TREDA ROBINSON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO. (Attachments: # 1 Exhibit ArWorks 1115 Waiver Amendment, # 2 Exhibit ArWorks Approval 2018, # 3 Exhibit ArWorks Implementation Plan 2018, # 4 Exhibit ArWorks Program June-Sept 2018 Reports, # 5 Exhibit Burwell Ltr Governor 4.2016, # 6 Exhibit SMD Letter)(McKee, Catherine) (Entered: 11/05/2018)

1 Exhibit ArWorks 1115 Waiver Amendment

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2 Exhibit ArWorks Approval 2018

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3 Exhibit ArWorks Implementation Plan 2018

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4 Exhibit ArWorks Program June-Sept 2018 Reports

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5 Exhibit Burwell Ltr Governor 4.2016

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6 Exhibit SMD Letter

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Clearinghouse
27 Nov. 5, 2018

MOTION for Summary Judgment by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON (Attachments: # 1 Memorandum in Support, # 2 Declaration Gresham Dec, # 3 Declaration McGonigal Dec, # 4 Declaration C Ardon Dec, # 5 Declaration M Ardon Dec, # 6 Declaration Book Dec, # 7 Declaration Cook Dec, # 8 Declaration Watson Dec, # 9 Declaration Robinson Dec, # 10 Declaration Deyo Dec, # 11 Text of Proposed Order)(McKee, Catherine) (Entered: 11/05/2018)

1 Memorandum in Support

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2 Declaration Gresham Dec

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3 Declaration McGonigal Dec

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4 Declaration C Ardon Dec

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5 Declaration M Ardon Dec

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6 Declaration Book Dec

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7 Declaration Cook Dec

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8 Declaration Watson Dec

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9 Declaration Robinson Dec

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10 Declaration Deyo Dec

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11 Text of Proposed Order

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28 Nov. 6, 2018

ERRATA Exhibit 1 Ky. Approval by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON 27 MOTION for Summary Judgment filed by VERONICA WATSON, ADRIAN MCGONIGAL, RUSSELL COOK, CHARLES GRESHAM, CESAR ARDON, TREDA ROBINSON, ANNA BOOK, MARISOL ARDON, JAMIE DEYO. (McKee, Catherine) (Entered: 11/06/2018)

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29 Nov. 7, 2018

NOTICE of Appearance by Edward T. Waters on behalf of Scholars Amici (Waters, Edward) (Entered: 11/07/2018)

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30 Nov. 7, 2018

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Phillip A. Escoriaza, :Firm- Feldesman Tucker Leifer Fidell, LLP, :Address- 1129 20th St. N.W., Suite 400. Phone No. - 2024668960. Fax No. - 2022938103 Filing fee $ 100, receipt number 0090-5781152. Fee Status: Fee Paid. by Scholars Amici (Attachments: # 1 Declaration of Phillip A. Escoriaza, # 2 Text of Proposed Order)(Waters, Edward) (Entered: 11/07/2018)

1 Declaration of Phillip A. Escoriaza

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2 Text of Proposed Order

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31 Nov. 7, 2018

NOTICE of Appearance by Christopher J. Frisina on behalf of Scholars Amici (Frisina, Christopher) (Entered: 11/07/2018)

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32 Nov. 7, 2018

Unopposed MOTION for Leave to File to file Brief of Amici Curiae by Scholars Amici (Attachments: # 1 Exhibit Proposed Scholars Amici Curiae Brief, # 2 Text of Proposed Order)(Waters, Edward) (Entered: 11/07/2018)

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Nov. 7, 2018

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 7, 2018

MINUTE ORDER GRANTING 30 Motion for Admission Pro Hac Vice of PHILLIP A. ESCORIAZA. So ORDERED by Judge James E. Boasberg on 11/7/2018. (lcjeb2)

33 Nov. 8, 2018

AMICUS BRIEF by DEANS, CHAIRS, AND SCHOLARS. (tth) Modified filed date on 11/13/2018 (znmw). (Entered: 11/09/2018)

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Nov. 8, 2018

Order on Motion for Leave to File

Nov. 8, 2018

MINUTE ORDER GRANTING 32 Motion for Leave to File Amicus Brief. So ORDERED by Judge James E. Boasberg on 11/8/2018. (lcjeb2)

34 Nov. 16, 2018

NOTICE of Appearance by Matthew J. Higgins on behalf of THE NATIONAL ALLIANCE ON MENTAL ILLNESS (Higgins, Matthew) (Entered: 11/16/2018)

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35 Nov. 16, 2018

Unopposed MOTION for Leave to File Brief of Amicus Curiae by THE NATIONAL ALLIANCE ON MENTAL ILLNESS (Attachments: # 1 Exhibit Proposed Brief of Amicus Curiae, # 2 Text of Proposed Order)(Higgins, Matthew) (Entered: 11/16/2018)

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36 Nov. 26, 2018

AMICUS BRIEF by NATIONAL ALLIANCE ON MENTAL ILLNESS. (tth) (Entered: 11/27/2018)

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Nov. 26, 2018

MINUTE ORDER GRANTING 35 Motion for Leave to File Amicus Brief. So ORDERED by Judge James E. Boasberg on 11/26/2018. (lcjeb2)

Nov. 26, 2018

Order on Motion for Leave to File

37 Nov. 30, 2018

MOTION to Dismiss, MOTION for Summary Judgment by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Memorandum in Support, # 2 Exhibit List, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 11/30/2018)

1 Memorandum in Support

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2 Exhibit List

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Text of Proposed Order

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38 Nov. 30, 2018

Memorandum in opposition to re 27 MOTION for Summary Judgment filed by ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(Andrapalliyal, Vinita) (Entered: 11/30/2018)

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39 Nov. 30, 2018

MOTION for Summary Judgment by STATE OF ARKANSAS (Attachments: # 1 Memorandum in Support Brief in Support of Motion for Summary Judgment and Response to Plaintiffs' Motion for Summary Judgment, # 2 Affidavit Franklin Declaration, # 3 Text of Proposed Order)(Jacobs, Dylan) (Entered: 11/30/2018)

1 Memorandum in Support Brief in Support of Motion for Summary Judgment and Respon

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2 Affidavit Franklin Declaration

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3 Text of Proposed Order

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40 Nov. 30, 2018

RESPONSE re 27 MOTION for Summary Judgment filed by STATE OF ARKANSAS. (See Docket Entry 39 to view document) (tth). Modified text on 12/10/2018 (ztth). (Entered: 12/10/2018)

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41 Dec. 17, 2018

MOTION for Leave to File Single Consolidated Brief by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON (Attachments: # 1 Text of Proposed Order)(McKee, Catherine) (Entered: 12/17/2018)

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Dec. 18, 2018

MINUTE ORDER GRANTING Plaintiffs' 41 Motion for Leave to File Single Consolidated Brief. The Court ORDERS that Plaintiffs may file a consolidated brief of up to 55 pages in length. So ORDERED by Judge James E. Boasberg on 12/18/2018. (lcjeb2)

Dec. 18, 2018

Order on Motion for Leave to File

42 Dec. 21, 2018

REPLY to opposition to motion re 27 MOTION for Summary Judgment, filed by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON. (Attachments: # 1 Exhibit Arkansas Works Reports)(McKee, Catherine) Modified link on 1/3/2019 (znmw). (Entered: 12/21/2018)

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44 Dec. 21, 2018

Memorandum in opposition to re 39 MOTION for Summary Judgment, 37 MOTION to Dismiss MOTION for Summary Judgment filed by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON. (See Docket Entry 42 to view document) (tth) (Entered: 01/02/2019)

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43 Dec. 26, 2018

MOTION to Stay Deadline for Federal Defendants' Reply Brief in Light of Lapse of Appropriations by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 12/26/2018)

RECAP
Dec. 26, 2018

Order on Motion to Stay

Dec. 26, 2018

MINUTE ORDER GRANTING 43 Motion to Stay Deadline for Federal Defendants' Reply Brief. So ORDERED by Judge James E. Boasberg on 12/26/2018. (lcjeb2)

45 Jan. 14, 2019

REPLY to opposition to motion re 39 MOTION for Summary Judgment filed by STATE OF ARKANSAS. (Attachments: # 1 Exhibit A - Franklin Declaration)(Bronni, Nicholas) (Entered: 01/14/2019)

1 Exhibit A - Franklin Declaration

View on RECAP

RECAP
46 Jan. 23, 2019

NOTICE of Appearance by Thomas J. Perrelli on behalf of CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON (Perrelli, Thomas) (Entered: 01/23/2019)

RECAP
47 Jan. 23, 2019

NOTICE of Appearance by Ian Heath Gershengorn on behalf of CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON (Gershengorn, Ian) (Entered: 01/23/2019)

RECAP
48 Jan. 23, 2019

NOTICE of Appearance by Natacha Y. Lam on behalf of CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON (Lam, Natacha) (Entered: 01/23/2019)

RECAP
49 Jan. 29, 2019

NOTICE of Restoration of Appropriations by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Skurnik, Matthew) (Entered: 01/29/2019)

RECAP
Jan. 30, 2019

Order

Jan. 30, 2019

MINUTE ORDER ADOPTING 49 Notice of Restoration of Appropriations. The Court ORDERS that Defendants shall file their reply brief by February 19, 2019. So ORDERED by Judge James E. Boasberg on 1/30/2019. (lcjeb1)

Jan. 30, 2019

Set/Reset Deadlines

Jan. 30, 2019

Set/Reset Deadlines: Reply Brief due by 2/19/2019. (znbn)

50 Feb. 8, 2019

Unopposed MOTION to Substitute by STATE OF ARKANSAS (Attachments: # 1 Affidavit Amended Affidavit)(Jacobs, Dylan) (Entered: 02/08/2019)

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51 Feb. 11, 2019

AMENDED AFFIDAVIT by STATE OF ARKANSAS. (tth) (Entered: 02/15/2019)

RECAP
Feb. 11, 2019

MINUTE ORDER: The Court ORDERS that the unopposed 50 Motion to Substitute is GRANTED and the amended affidavit is deemed FILED. So ORDERED by Judge James E. Boasberg on 2/11/2019. (lcjeb2)

Feb. 11, 2019

Order on Motion to Substitute

Feb. 15, 2019

MINUTE ORDER: The Court ORDERS that the parties shall appear for oral argument on the pending Motions on March 14, 2019, at 10:00 a.m. So ORDERED by Judge James E. Boasberg on 2/15/2019. (lcjeb1)

Feb. 15, 2019

Order

Feb. 15, 2019

Set/Reset Hearings: Motiosn Hearing set for 3/14/2019 at 10:00 AM in Courtroom 25A before Judge James E. Boasberg. (lsj)

Feb. 15, 2019

Set/Reset Hearings

52 Feb. 19, 2019

REPLY to opposition to motion re 37 MOTION to Dismiss MOTION for Summary Judgment filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Skurnik, Matthew) (Entered: 02/19/2019)

RECAP
Feb. 28, 2019

Order

Feb. 28, 2019

MINUTE ORDER: The Court ORDERS that all parties (including amici) shall file by March 8, 2019, copies of any portion of the administrative record or extra-record material (e.g., articles, studies, or reports) upon which they rely. So ORDERED by Judge James E. Boasberg on 2/28/2019. (lcjeb1)

Feb. 28, 2019

Set/Reset Deadlines

Feb. 28, 2019

Set/Reset Deadlines: Administrative Record due by 3/8/2019. (znbn)

53 March 6, 2019

JOINT APPENDIX by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON. (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix, # 4 Appendix, # 5 Appendix, # 6 Appendix, # 7 Appendix, # 8 Appendix, # 9 Appendix, # 10 Appendix, # 11 Appendix)(Perkins, Jane) (Entered: 03/06/2019)

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54 March 7, 2019

LARGE ADDITIONAL ATTACHMENT(S) Administrative Record Excerpts and Extra-Record Material Cited in Amicus Curiae Brief by NATIONAL ALLIANCE ON MENTAL ILLNESS 36 Amicus Brief filed by NATIONAL ALLIANCE ON MENTAL ILLNESS. (Attachments: # 1 AR Excerpts, # 2 Extra-Record Material (Part 1 of 2), # 3 Extra-Record Material (Part 2 of 2))(Higgins, Matthew) (Entered: 03/07/2019)

RECAP
55 March 8, 2019

NOTICE of Compliance with Court Order by DEANS, CHAIRS, AND SCHOLARS (Attachments: # 1 Table of Contents, # 2 Volume 1 of 21, # 3 Volume 2 of 21, # 4 Volume 3 of 21, # 5 Volume 4 of 21, # 6 Volume 5 of 21, # 7 Volume 6 of 21, # 8 Volume 7 of 21, # 9 Volume 8 of 21, # 10 Volume 9 of 21, # 11 Volume 10 of 21, # 12 Volume 11 of 21, # 13 Volume 12 of 21, # 14 Volume 13 of 21, # 15 Volume 14 of 21, # 16 Volume 15 of 21, # 17 Volume 16 of 21, # 18 Volume 17 of 21, # 19 Volume 18 of 21, # 20 Volume 19 of 21, # 21 Volume 20 of 21, # 22 Volume 21 of 21)(Waters, Edward) (Entered: 03/08/2019)

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56 March 13, 2019

NOTICE of Appearance by James Mahoney Burnham on behalf of All Defendants (Burnham, James) (Entered: 03/13/2019)

RECAP
March 14, 2019

Motion Hearing

March 14, 2019

Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 3/14/2019 re 27 MOTION for Summary Judgment filed by VERONICA WATSON, ADRIAN MCGONIGAL, RUSSELL COOK, CHARLES GRESHAM, CESAR ARDON, TREDA ROBINSON, ANNA BOOK, MARISOL ARDON, JAMIE DEYO, 39 MOTION for Summary Judgment filed by STATE OF ARKANSAS, 37 MOTION to Dismiss MOTION for Summary Judgment filed by SEEMA VERMA, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR MEDICARE AND MEDICAID SERVICES, ALEX M. AZAR, II. Oral arguments heard and motions taken under advisement. (Court Reporter Lisa Griffith) (znbn)

57 March 27, 2019

ORDER: The Court ORDERS that: 1) Plaintiffs' 27 Motion for Summary Judgment is GRANTED; 2) Defendants' 37, 39 Cross-Motions for Summary Judgment are DENIED; 3) The Secretary's approval of the Arkansas Works Amendments is VACATED and REMANDED to the agency; and 4) The parties shall appear for a status hearing on April 10, 2019, at 11:00 a.m. Signed by Judge James E. Boasberg on 3/27/2019. (lcjeb1) (Entered: 03/27/2019)

RECAP
58 March 27, 2019

MEMORANDUM OPINION re 57 Order. Signed by Judge James E. Boasberg on 3/27/2019. (lcjeb1)

Clearinghouse
March 28, 2019

Set/Reset Hearings

Case Details

State / Territory:

District of Columbia

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: Aug. 14, 2018

Closing Date: July 12, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nine Arkansas residents enrolled in or eligible for Medicaid who lost or risked losing coverage under the Arkansas Works Amendments.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Centers for Medicare and Medicaid Services

Department of Human Health Services

State

Arkansas

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Take Care Clause

Other Dockets:

District of District of Columbia 1:18-cv-01900

U.S. Court of Appeals for the District of Columbia Circuit 19-05094

Supreme Court of the United States 20-37

Supreme Court of the United States 20-38

U.S. Court of Appeals for the District of Columbia Circuit 19-5096

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Benefits (Source):

Medicaid

Recommended Citation