WEST VIRGINIA v. THOMPSON

Attorney(s) appearing for the Case

ARGUED: Silas Bent Taylor, Senior Deputy Attorney General, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Petitioner. Susan Maxson Lyons, United States Department of Health and Human Services, Office of General Counsel, Washington, D.C., for Respondent. ON BRIEF: Rocco Fucillo, General Counsel, West Virginia Department of Health and Human Services, Charleston, West Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney General, United States Department of Justice, Washington, D.C.; Paula M. Stannard, Acting General Counsel, Kathleen H. McGuan, Associate General Counsel, Mark D. Polston, Deputy Associate General Counsel for Litigation, United States Department of Health and Human Services, Washington, D.C., for Respondent.

Before WILKINS, Chief Judge, WILKINSON, Circuit Judge, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.