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WISCONSIN DEPT. OF HEALTH AND FAMILY SERVS. v. BLUMER

No. 00-952.

534 U.S. 473 (2002)

WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES v. BLUMER

United States Supreme Court.

Decided February 20, 2002.

Attorney(s) appearing for the Case

Maureen McGlynn Flanagan, Assistant Attorney General of Wisconsin, argued the cause for petitioner. With her on the briefs was James E. Doyle, Attorney General.

Jeffrey A. Lamken argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, William Kanter, Bruce G. Forrest, Alex Azar II, Sheree R. Kanner, Henry R. Goldberg, Carole F. Kagan, and David R. Smith.

Mitchell Hagopian argued the cause for respondent. With him on the brief were Eva Shiffrin and Sarah Orr.*

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Souter, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which O'Connor and Scalia, JJ., joined, p. 498.

Justice Ginsburg, delivered the opinion of the Court.

This case requires interpretation of the "spousal impoverishment" provisions of the Medicare Catastrophic Coverage Act of 1988 (MCCA or Act), 102 Stat. 754, 42 U. S. C. § 1396r—5 (1994 ed. and Supp. V), a complex set of instructions made part of the federal Medicaid statute. The spousal impoverishment provisions permit a spouse living at home (called the "community...

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