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FREW v. HAWKINS

No. 02-628.

540 U.S. 431 (2004)

FREW, ON BEHALF OF HER DAUGHTER, FREW, ET AL. v. HAWKINS, COMMISSIONER, TEXAS HEALTH AND HUMAN SERVICES COMMISSION, ET AL.

Supreme Court of United States.

Decided January 14, 2004.

Attorney(s) appearing for the Case

Susan Finkelstein Zinn argued the cause for petitioners. With her on the briefs were Edward B. Cloutman III and Jane Kathryn Swanson.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, Mark B. Stern, and Alisa B. Klein.

Rafael Edward Cruz, Solicitor General of Texas, argued the cause for respondents. With him on the briefs were Greg Abbott, Attorney General, Barry R. McBee, First Assistant Attorney General, Jeffrey S. Boyd, Deputy Attorney General, and Melanie P. Sarwal, Assistant Solicitor General.*

KENNEDY, J., delivered the opinion for a unanimous Court.

JUSTICE KENNEDY delivered the opinion of the Court.

In this case we consider whether the Eleventh Amendment bars enforcement of a federal consent decree entered into by state officials.

I

Medicaid is a cooperative federal-state program that provides federal funding for state medical services to the poor. See Wilder v. Virginia Hospital Assn., 496 U.S. 498, 502 (1990). State participation is voluntary...

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