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WEST VIRGINIA v. U.S. DEPT. HEALTH AND HUMAN SERV.

No. 01-1443.

289 F.3d 281 (2002)

State of WEST VIRGINIA; Darrell V. McGraw, Jr., Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, Defendant-Appellee, and Donna E. Shalala Secretary, United States Department of Health and Human Services; Nancy-Ann Min Deparle, Administrator, Health Care Financing Administration, Defendants. Robert A. Bailey, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 7, 2002.

Attorney(s) appearing for the Case

ARGUED: Silas Bent Taylor, Senior Deputy Attorney General, West Virginia Attorney General's Office, Charleston, West Virginia, for Plaintiffs-Appellants.

Mark Bernard Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendant-Appellee.

ON BRIEF: Stuart E. Schiffer, Acting Assistant Attorney General, Charles T. Miller, United States Attorney, Michael S. Raab, Vesper Mei, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendant-Appellee.

Michael A. Bailey, Clarksburg, West Virginia, Amicus Curiae.

Before WILLIAMS and TRAXLER, Circuit Judges, and MALCOLM J. HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILLIAMS and Judge HOWARD joined.

OPINION

TRAXLER, Circuit Judge.

The State of West Virginia brought this action against the United States Department of Health and Human Services and its Secretary (together, "HHS") challenging, on Tenth Amendment grounds,1 the constitutionality of amendments to the federal Medicaid program that require West...

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