Originally Medicaid provided health care to four categories of people: (i) the disabled, (ii) the bling, (iii) the elderly, and (iv) needy families with dependent children. Id. at *1. In 2010, Congress expanded Medicaid to cover low-income people not previously covered. The states had the choice of whether to expand Medicaid to this new category of people covered. For those states that opt to cover low-income people not otherwise covered, they could deviate from those requirements if the Secretary of Health and Human Services (HHS) granted a waiver allowing the state to engage in “
DC Circuit holds that twenty-nine Senators and 186 Member of the House of Representatives lack Article III standing to maintain a suit seeking declaratory and injunctive relief against the President regarding his alleged violation of the Emoluments Clause the Constitution of the United States.
On January 17, 2020, the Ninth Circuit reversed the district court in Oregon's decision that plaintiffs' suit seeking a declaratory judgment and an injunction against the United States to force action on climate change could proceed.
District of Columbia Circuit Holds that Bivens Does Not Create a Damages Cause of Action for Violation of First Amendment Rights
DC Circuit Rules that Bivens Does Not Create a Damages Cause of Action for Violation of First Amendment Rights
DC Circuit Vacates a Panel Decision Refusing to Order the Appearance of Trump's Former White House Counsel before the Judiciary Committee
The D.C. Circuit vacated a decision by a three-judge panel holding that the House Judiciary Committee could not maintain a subpoena-enforcement action seeking to coerce the appearance of former White House Counsel Donald McGahn before the Committee as part of its impeachment investigation.
The House of Representatives Committed an Unforced Error in Failing to Allege a Crime in the Trump Articles of Impeachment
Given the clarity of the law on public fraud and extortion, I am at a loss to understand why the Articles of Impeachment did not include a count for Honest Services fraud and Hobbs Act extortion. The evidence presented by the House Managers in the Senate trial is at least consistent with these prohibitions.
D.C. Circuit Holds that the House of Representatives—in the Exercise of Its Impeachment Power—Lacks Standing to Compel the Appearance of Former White House Counsel before the Judiciary Committee
This decision lays bare the dilemma that arises when the Executive Branch refuses to cooperate with the House of Representatives in the exercise of the House’s constitutional power of impeachment.
In ancient Greece, speech was thought to be superior to writing. Socrates said that true knowledge and understanding is not served by writing because it leads to misunderstanding and cannot be questioned. He told Phaedrus to inform speechwriters and lawmakers: "that if their compositions are ba...
THE LOAN SYNDICATIONS AND TRADING ASSOCIATION V. SEC AND FEDERAL RESERVE, ___ F.3D ___, 2018 WL 798290 (D.C. CIR. FEB. 9, 2018)
In the Dodd Frank Act, Congress directed several federal agencies, including the Board of Governors of the Federal Reserve System (FRB) and the Securities and Exchange Commission (SEC), [i] to jointly promulgate a regulation that requires securitizers of asset-backed securities to retain at least...
A Weapon of Mass Destruction: CREDIT DEFAULT SWAPS BRING DOWN AIG AND LEHMAN BROTHERS
Fallout from the Great Recessions continues to work its way through the courts. The latest is Perry Capital LLC v. Mnuchin, No. 14-5243 (D.C. Cir.), a high-profile case in which shareholders of the Federal Home Loan Mortgage Corporation (Freddie Mac or Freddie) and Federal National Mortgage Assoc...
Big Law Experience, Small Firm Attention Combining “Big Law” relationships and a long history of success with small firm attention and cost-effective representation, Jerry Madden is pleased to announce the opening of Madden Law PLLC in Washington, D.C. Joining Jerry at the firm are seasoned and ...
As the second of nine children in an Irish Catholic family, notions of fairness and justice were the subjects of near daily debate during my childhood. With so many siblings, life seemed like rolling team events, as one sport's season slipped into the next. From this beginning and a six-year stin...