GRESHAM v. AZAR

No. 19-5094 Consolidated with 19-5096.

950 F.3d 93 (2020)

Charles GRESHAM, et al., Appellees, v. Alex Michael AZAR, II, Secretary, United States Department of Health and Human Services in His Official Capacity, et al., Appellants. State of Arkansas, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 14, 2020.


Attorney(s) appearing for the Case

Alisa B. Klein , Attorney, U.S. Department of Justice, argued the cause for federal appellants. With her on the briefs were Mark B. Stern , Attorney, Robert P. Charrow , General Counsel, U.S. Department of Health and Human Services, and Brenna E. Jenny , Deputy General Counsel.

Leslie Rutledge , Attorney General, Office of the Attorney General for the State of Arkansas, Nicholas J. Bronni , Solicitor General, Vincent M. Wagner , Deputy Solicitor General, and Dylan L. Jacobs , Assistant Solicitor General, were on the brief for appellant State of Arkansas.

Ian Heath Gershengorn argued the cause for plaintiff-appellees. With him on the brief were Jane Perkins , Thomas J. Perrelli , Devi M. Rao , Natacha Y. Lam , Zachary S. Blau , and Samuel Brooke .

Kyle Druding was on the brief for amici curiae American College of Physicians, et al. in support of plaintiffs-appellees.

Edward T. Waters , Phillip A. Escoriaza , and Christopher J. Frisina were on the brief for amici curiae Deans, Chairs, and Scholars in support of plaintiffs-appellees.

Judith R. Nemsick , Jon M. Greenbaum , and Sunu Chandy were on the brief for amici curiae Lawyers Committee for Civil Rights Under Law, et al. in support of appellees and affirmance.

Before: Pillard, Circuit Judge, and Edwards and Sentelle, Senior Circuit Judges.


Residents of Kentucky and Arkansas brought this action against the Secretary of Health and Human Services. They contend that the Secretary acted in an arbitrary and capricious manner when he approved Medicaid demonstration requests for Kentucky and Arkansas. The District Court for the District of Columbia held that...

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