SHALALA v. ILLINOIS COUNCIL ON LONG TERM CARE, INC.

No. 98-1109.

529 U.S. 1 (2000)

SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES, et al. v. ILLINOIS COUNCIL ON LONG TERM CARE, INC.

United States Supreme Court.

Decided February 29, 2000.


Attorney(s) appearing for the Case

Jeffrey A. Lamken argued the cause for petitioners. With him on the briefs were Solicitor General Waxman, Acting Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, Barbara C. Biddle, Jeffrey Clair, Harriet S. Rabb, and Jeffrey Golland.

Kimball R. Anderson argued the cause for respondent. With him on the brief were Charles P. Sheets, Bruce R. Braun, and Brian E. Neuffer.*

Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Souter, and Ginsburg, JJ., joined. Stevens, J., p. 30, and Scalia, J., p. 31, filed dissenting opinions. Thomas, J., filed a dissenting opinion, in which Stevens and Kennedy, JJ., joined, and in which Scalia, J., joined except as to Part III, p. 32.


Justice Breyer, delivered the opinion of the Court.

The question before us is one of jurisdiction. An association of nursing homes sued, inter alios, the Secretary of Health and Human Services (HHS) and another federal party (hereinafter Secretary) in Federal District Court claiming that certain Medicare-related regulations violated various statutes and the Constitution. The association invoked the court's federal-question jurisdiction, 28 U. S. C. § 1331...

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