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Wos v. E.M.A.

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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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 7 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.
Jun 14 2012Application (11A1171) granted by The Chief Justice extending the time to file until July 20, 2012.
Jul 20 2012Petition for a writ of certiorari filed. (Response due August 23, 2012)
Aug 23 2012Brief of respondents E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. in opposition filed.
Sep 4 2012Reply of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed.
Sep 5 2012DISTRIBUTED for Conference of September 24, 2012.
Sep 25 2012Petition GRANTED.
Oct 31 2012SET FOR ARGUMENT ON Tuesday, January 8, 2013.
Nov 9 2012Joint appendix filed. (statement of costs received)
Nov 9 2012Brief of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed.
Nov 15 2012Record received from U.S.C.A. for 4th Circuit. (1 envelope)
Nov 16 2012CIRCULATED.
Nov 16 2012Brief amicus curiae of National Governors Association filed. (Distributed)
Nov 16 2012Brief amici curiae of Texas, et al. filed. (Distributed)
Dec 10 2012Brief of respondents E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. filed. (Distributed)
Dec 10 2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 17 2012Brief amicus curiae of the United States filed. (Distributed)
Dec 17 2012Brief amicus curiae of Federation of Defense and Corporate Counsel filed. (Distributed)
Dec 17 2012Brief amici curiae of American Association for Justice, et al. filed. (Distributed)
Dec 17 2012Brief amici curiae of AARP, et al. filed. (Distributed)
Dec 28 2012Reply of petitioner Albert A. Delia, Secretary, North Carolina Department of Health and Human Services filed. (Distributed)
Jan 4 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 8 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.)
Mar 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.
Apr 22 2013JUDGMENT ISSUED.
Apr 23 2013Record returned to U.S.C.A. for 4th Circuit.