Washington, DC – On news this morning of the Supreme Court’s decision in Wos v. EMA (formerly Delia v. EMA), holding that a North Carolina statute is preempted by the federal Medicaid law, the Director of Constitutional Accountability Center’s Access to Courts program, Rochelle Bobroff, released the following statement:

“Today’s majority opinion is a huge victory for the 62 million Americans – one out of every five – who depend on Medicaid for access to health care. This ruling makes clear that the Medicaid statute is as much a part of the Federal Code as any other, and displaces state laws that conflict with the program.”

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Resources:

*  CAC’s “friend of the court” brief in Delia (Wos) v. EMA, together with AARP in support of Respondent, identified by the Court as E.M.A., “a child who was born with multiple serious birth injuries”: http://theusconstitution.org/sites/default/files/briefs/delia-Amicus-Brief-AARP-CAC.pdf 

*  “A Lurking Threat to Federal Spending Clause Programs,” Rochelle Bobroff, January 3, 2013: http://theusconstitution.org/text-history/1757/lurking-threat-federal-spending-clause-programs 

*  “The Medicaid Program at a Glance,” Kaiser Commission on Medicaid and the Uninsured, March 2013: http://www.kff.org/medicaid/upload/7235-06.pdf 

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Constitutional Accountability Center (www.theusconstitution.org) is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history.

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