Wednesday, April 1, 2015
Yesterday the Supreme Court decided Armstrong v. Exceptional Child Center, ruling by a 5-4 vote that Medicaid providers could not sue state officials for failing to comply with § 30(A) of the Medicaid Act (also known as the “equal access” provision). Justice Scalia writes the majority opinion, joined in full by Chief Justice Roberts and Justices Thomas and Alito. Justice Breyer joins part of Scalia’s opinion to provide the fifth vote, but also authors a separate concurring opinion. Justice Sotomayor writes the dissenting opinion, joined by Justices Kennedy, Ginsburg, and Kagan.