Case Status
3 results
FREW, LINDA, ETC., ET AL. v. HAWKINS, COMM'R, TX H&HS (37224)
Order dated: 03/10/03Docket number: 02-628
Action:
The petition for a writ of certiorari is granted limited to Questions 1 and 2 presented by the petition.
FREW, LINDA, ETC., ET AL. v. HAWKINS, COMM'R, TX H&HS (37224)
Order dated: 04/21/03Docket number: 02-628
Action:
The motion of the parties to dispense with printing the joint appendix is granted.
FREW, LINDA, ETC., ET AL. v. HAWKINS, COMM'R, TX H&HS (37224)
Order dated: 08/04/03Docket number: 02-628
Action:
The motions of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument are granted.
A description of the questions presented by the case has been prepared:
This case involves the Early and Periodic Screening Diagnosis and Treatment (EPSDT) component of the Medicaid Act. U.S.C. 1396a(a)(43);139d®. Another case pending before this Court also involves EPSDT. Haveman v. Westside Mothers, No.02-277. If the Court grants a writ of certiorari in that case to address questions related to this case, the Petitioner-children ask the Court to suspend this case pending resolution of the other. I. Do State officials waive Eleventh Amendment immunity by urging the district court to adopt a consent decree when the decree is based on federal law and specifically provides for the district court's ongoing supervision of the official's decree compliance? 2. Does the Eleventh Amendment bar a district court from enforcing a consent decree entered into by state officials unless the plaintiffs show that the decree violation is also a violation of a federal right remediable under 1983? 3. Does State officials' failure to provide services required by the Medicaid Act's EPSDT provisions violate right that Medicaid recipients may enforce pursuant to 42 U.S C.§ 1983? See 42 U.S.C. §§ 1396a(a)(43); 1396d®.
An opinion has been handed down: