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JOHN B. v. EMKES

No. 12-5307.

710 F.3d 394 (2013)

JOHN B., et al., Plaintiffs-Appellants, v. Mark EMKES, Commissioner, Tennessee Department of Finance and Administration, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 14, 2013.

Attorney(s) appearing for the Case

ARGUED: Katherine L. McDaniel , Kirkland & Ellis LLP, New York, New York, for Appellants. Michael W. Kirk , Cooper & Kirk, PLLC, Washington, D.C., for Appellees. ON BRIEF: Katherine L. McDaniel , Kirkland & Ellis LLP, New York, New York, G. Gordon Bonnyman, Jr. , Michele M. Johnson , Christopher E. Coleman , Tennessee Justice Center, Nashville, Tennessee, for Appellants. Michael W. Kirk , Nicole J. Moss , Cooper & Kirk, PLLC, Washington, D.C., Linda A. Ross , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellees.

Before: ROGERS, COOK, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

Consent decrees are not entitlements. Instead, a decree may remain in force only as long as it continues to remedy a violation of federal law. Here, Tennessee's Medicaid program has operated under a federal consent decree for 15 years. In recent years, however, the State moved to vacate the decree on grounds that the State is now compliant with both the decree and the Medicaid statute. The district court conducted a month...

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