Posted Thu, December 3rd, 2020 5:03 pm by John Elwood
John Elwood reviews Monday’s relists.
I really am stretched thin this week, so we’re offering the affordable luxury of Relist Watch SelectTM. Both cases involve the authority of the secretary of health and human services to allow states to add work requirements to their Medicaid programs. Hopefully, we’ll be back next week with a full write-up.
Arkansas v. Gresham, 20-38
Issue: Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in concluding that the secretary of health and human services may not authorize demonstration projects to test requirements that are designed to promote the provision of health-care coverage by means of facilitating the transition of Medicaid beneficiaries to commercial coverage and improving their health.
(relisted after the Nov. 20 conference)
Shinn v. Kayer, 19-1302
Issue: Whether the U.S. Court of Appeals for the 9th Circuit violated 28 U.S.C. § 2254’s deferential standard, and employed a flawed methodology that the Supreme Court has repeatedly condemned, when it granted habeas relief based on a de novo finding that a Sixth Amendment violation had occurred.
(relisted after the Sept. 29, Oct. 9, Oct. 16, Oct. 30, Nov. 6, Nov. 13 and Nov. 20 conferences; record requested before the Oct. 15 conference and received Oct. 28)
Recommended Citation: John Elwood, Relist Watch Select, SCOTUSblog (Dec. 3, 2020, 5:03 PM), https://www.scotusblog.com/2020/12/relist-watch-select-3/