Skip to main content
ClearingHouse Community
Part of the Sargent Shriver National Center on Poverty Law
Menu ≡

Supreme Court’s Decision in Wos v. E.M.A. Rebuts Reasoning of Douglas v. Independent Living Center of Southern California Inc. Dissent

By Rochelle Bobroff

The U.S. Supreme Court’s continuing analysis of making Medicaid preemption claims against states is critical for invalidating state Medicaid action that conflicts with federal law. Some lower courts have embraced the dissent’s reasoning in Douglas v. Independent Living Center of Southern California Inc., which asserted that the supremacy clause did not provide a cause of action for private suits by Medicaid beneficiaries or providers. In a more recent 2013 decision, Wos v. E.M.A., the Court supports the use of preemption to invalidate state law that conflicts with federal spending clause statutes, discussed further in "Supreme Law"--For Medicaid Patients or Just Business?, also featured in the July-August 2013 Clearinghouse Review.

Download this article
↑ Go up to the top.