In a rare rejection of a state petitioner with a federal amicus, the Court ruled unanimously that Arkansas may not put a lien on non-medical liability awards to a Medicaid recipient. Perhaps the outcome in ARKANSAS DEPARTMENT OF HEALTH AND HUMAN SERVICES ET AL. v. AHLBORN is most noteworthy for the fact of the Court’s denial of the leagued state and federal government arguments. The Court usually accepts the argument when the two sovereigns align. Justice Stevens wrote.
Justice Alito also wrote today (in another case), which returns the Court to its full complement of nine writing members. The opinions should come in bunches from now until the end of the term. Stay tuned.