Federal Judiciary

Details on this morning?s orders

By Adam Schlossman

This morning, the Court released its order list. 

The Court granted certiorari in three cases, appearing below, limited to the first question presented by the petitions.  The Court consolidated the cases and allotted one hour for oral argument. 

Title: Maxwell-Jolly v. Independent Living Center of Southern California (Granted )
Docket: 09-958
Issue(s): (1) Whether Medicaid recipients and providers may maintain a cause of action under the Supremacy Clause to enforce 42 U.S.C. § 1396a(a)(30)(A) of the Medicaid Act by asserting that the provision preempts a state law reducing reimbursement rates; and (2) whether a state law reducing Medicaid reimbursement rates may be held preempted by Section 1396a(a)(30)(A) based on requirements that do not appear in the text of the statute.

Certiorari stage documents:

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition of respondent Independent Living Center
• Brief in opposition of respondents Sacramento Family Medical Clinics et al.
• Supplemental brief for petitioner
• Amicus brief of twenty-two states
• Denial of motion to vacate (9th Circuit)
• Petitioner's reply

CVSG Information:

• Invited: May 24, 2010
• Filed: December 3, 2010 (Deny)

Title: Maxwell-Jolly v. California Pharmacists Association (Granted )
Docket: 09-1158
Issue(s): (1) Whether Medicaid recipients and providers may maintain a cause of action under the Supremacy Clause to enforce § 1396a(a)(30)(A) by asserting that the provision preempts a state law reducing reimbursement rates; and (2) whether a state law reducing Medicaid reimbursement to providers may be held preempted by § 1396a(a)(30)(A) based on requirements that do not appear in the text of the statute.

Certiorari stage documents:

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition of respondents Independent Living Center, et al.
• Brief in opposition of respondents Lydia Dominguez, et al.
• Brief in opposition of respondents California Pharmacists Association, et al.
• Joint supplemental brief of respondents California Pharmacists Association, et al.
• Petitioner's reply

Title: Maxwell-Jolly v. Santa Rosa Mem. Hosp. (Granted )
Docket: 10-283
Issue(s): (1) Whether Medicaid recipients and providers may maintain a cause of action under the Supremacy Clause to enforce § 1396a(a)(30)(A) by asserting that the provision preempts a state law reducing reimbursement rates; and (2) whether a state law reducing Medicaid reimbursement to providers may be held preempted by § 1396a(a)(30)(A) based on requirements that do not appear in the text of the statute.

Certiorari stage documents:

• Opinion below (9th Circuit, unpublished)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

The Court requested the views of the Acting Solicitor General in the following case:

Title: National Meat Association v. Brown
Docket: 10-224
Issue(s): (1) Did the Ninth Circuit err in holding that a ?presumption against preemption? requires a ?narrow interpretation? of the Federal Meat Inspection Act's express preemption provision, in conflict with this Court's decision in Jones v. Rath Packing Co. (1977) that the provision must be given ?a broad meaning?? (2) When federal food safety and humane handling regulations specify that animals (here, swine) which are or become nonambulatory on federally inspected premises are to be separated and held for observation and further disease inspection, did the Ninth Circuit err in holding that a state criminal law which requires that such animals not be held for observation and disease inspection, but instead be immediately euthanized, was not preempted by the FMIA? (3) Did the Ninth Circuit err in holding more generally that a state criminal law which states that no slaughterhouse may buy, sell, receive, process, butcher, or hold a nonambulatory animal is not a preempted attempt to regulate the ?premises, facilities, [or] operations? of federally regulated slaughterhouses?

Certiorari stage documents:

• Petition for certiorari
• Brief in opposition for the non-state respondents
• Brief in opposition
• Amicus brief of the American Association of Swine Veterinarians et al.

CVSG Information:

• Invited: January 18, 2011

Also of note, the Court denied the first of eight new Guantanamo cases, Al-Adahi v. Obama (10-487).  Justice Kagan did not take part in the decision.

Full post as published by SCOTUSBLOG on January 18, 2011 (boomark / email).