Justia Government & Administrative Law Opinion Summaries

The en banc court held that 42 U.S.C. 1396a(a)(23) does not give Medicaid patients a right to challenge, under 42 U.S.C. 1983, a State's determination that a health care provider is not "qualified" within the meaning of section 1396a(a)(23). The en banc court vacated the preliminary injunction issued by the district court prohibiting the termination of the Providers' Medicaid provider agreements.The Providers provide family planning and other health services to Medicaid patients, and each of the Providers is a member of Planned Parenthood. This case stemmed from a pro-life organization's release of video recordings of conversations at Planned Parenthood (PP) Gulf Coast headquarters. The videos depict two individuals posing as representatives from a fetal tissue procurement company discussing the possibility of a research partnership with PP Gulf Coast. The release of the videos prompted congressional investigations, which ultimately led to the OIG sending each Provider a Notice of Termination of its respective Medicaid provider agreement. The Providers and Individual Plaintiffs filed suit alleging that the terminations violated rights conferred by section 1396a(a)(23) and sought relief under section 1983.The en banc court held that the Individual Plaintiffs may not bring a section 1983 suit to contest the State's determination that the Providers were not "qualified" providers within the meaning of section 1396a(a)(23). The en banc court rested its decision primarily on two independent bases: (1) the Supreme Court's decision in O'Bannon v. Town Court Nursing Center, 447 U.S. 773 (1980), and (2) the text and structure of section 1396a(a)(23), which does not unambiguously provide that a Medicaid patient may contest a State's determination that a particular provider is not "qualified." Rather, the court held that whether a provider is "qualified" within the meaning of section 1396a(a)(23) is a matter to be resolved between the State (or the federal government) and the provider. In so holding, the en banc court overruled Planned Parenthood of Gulf Coast, Inc. v. Gee, 862 F.3d 445 (5th Cir. 2017), which held that a state agency or actor cannot legitimately find that a Medicaid provider is not "qualified" unless under state or federal law the provider would be unqualified to provide treatment or services to the general public, including Medicaid patients who paid for the care or services with private funds. View "Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc. v. Kauffman" on Justia Law

A series of appeals presented a question of whether the Pennsylvania Election Code required a county board of elections to disqualify mail-in or absentee ballots submitted by qualified electors who signed the declaration on their ballot’s outer envelope, but did not handwrite their name, their address, and/or a date on the ballot, where no fraud or irregularity has been alleged. Petitioner Donald J. Trump for President, Inc. (the “Campaign”) challenged the decision of multiple County Boards of Elections to count absentee and mail-in ballots. The Campaign did not contest these ballots were all timely received by the respective Boards prior to 8:00 p.m. on November 3, 2020 (election day); that they were cast and signed by qualified electors; and that there was no evidence of fraud associated with their casting. The Campaign instead contended these votes should not have been counted because the voters who submitted them failed to handwrite their name, street address or the date (or some combination of the three) on the ballot-return outer envelope. The Pennsylvania Supreme Court was "guided by well-established interpretive principles" including that where the language of a statute was unambiguous, the language would control. "In the case of ambiguity, we look to ascertain the legislative intent, and in election cases, we adhere to the overarching principle that the Election Code should be liberally construed so as to not deprive, inter alia, electors of their right to elect a candidate of their choice. . . . "Election laws will be strictly enforced to prevent fraud, but ordinarily will be construed liberally in favor of the right to vote." View "In Re: Canvass of Absentee and Mail-In Ballots" on Justia Law

The Court of Appeals held that, in these two criminal cases, there was no constitutional violation in the practice of temporarily confining level three sex offenders in correctional facilities, after the time they would otherwise be released to parole or postrelease supervision (PRS), while they remain on a waiting list for accommodation at a shelter compliant with N.Y. Exec. Law 259-c(14).New York statutes allow the Department of Corrections and Community Supervision (DOCCS) to place a Sexual Assault Reform Act (SARA)-restricted sex offender temporarily in a residential treatment facility (RTF) until SARA-compliant housing is identified. At issue was whether the Federal Constitution allows DOCCS to place a SARA-restricted sex offender in an RTF or other correctional facility while awaiting SARA-compliant housing. The Court of Appeals held that the practice is constitutional. View "People ex rel. Johnson v. Superintendent, Adirondack Correctional Facility" on Justia Law

Environmental groups challenged the constitutionality of Public Resources Code section 25531, which limits judicial review of decisions by the Energy Resources Conservation and Development Commission on the siting of thermal power plants. Section 25531(a) provides that an Energy Commission siting decision is “subject to judicial review by the Supreme Court of California.” The plaintiffs contend this provision abridges the original jurisdiction of the superior courts and courts of appeal over mandate petitions, as conferred by California Constitution Article VI, section 10. Section 25531(b) provides that findings of fact in support of a Commission siting determination “are final,” allegedly violating the separation of powers doctrine by depriving courts of their essential power to review administrative agency findings (Cal. Const., Art. III, section 3; Art. VI, section 1).The court of appeal affirmed summary judgment in favor of the plaintiffs. The Article VI grant of original jurisdiction includes the superior courts and courts of appeal and may not be circumscribed by statute, absent some other constitutional provision. Legislative amendments to section 25531 have broken the once-tight link between the regulatory authority of the Public Utilities Commission (PUC) and Energy Commission power plant siting decisions, such that the plenary power Article XII grants the Legislature over PUC activities no longer authorizes section 25531(a). Section 25531(b) violates the judicial powers clause by preventing courts from reviewing whether substantial evidence supports the Commission’s factual findings. View "Communities for a Better Environment v. Energy Resources Conservation & Development Commission" on Justia Law

Makhsous owned three Wisconsin residential care facilities. In 2015, the Wisconsin Department of Health Services (DHS) found that two of Makhsous’s facilities did not comply with Wisconsin law. Daye is the supervisor of the Aging and Disability Resource Center (ADRC) of Marinette County, which makes recommendations to individuals who inquire about residential care facilities. It does not place individuals in care facilities, monitor care facilities, or issue citations or sanctions to care facilities. In 2016, the ADRC began publishing a “facility directory” for potential residents. Under Wisconsin’s ADRC Operational Practice Guidelines, the directory cannot include facilities that have been found in violation of law.Makhsous filed suit, alleging that Daye violated the Due Process and Equal Protection Clauses by failing to include Makhsous’s facilities in the ADRC directory and refusing to refer individuals to her facilities. The Seventh Circuit affirmed summary judgment in favor of Daye. Makhsous did not show that Daye harmed a constitutionally protected property interest or discriminated against her. The ADRC directory did not include Makhsous’s facilities because they were found deficient by DHS and because Makhsous failed to ask the ADRC to include them. Makhsous had no rebuttal evidence showing that Daye failed to include her facilities in the directory because of her race. View "Makhsous v. Daye" on Justia Law

Defendants Shane and Trina Beattie appealed a superior court orderthat dismissed with prejudice their preliminary objection challenging the State’s taking of 0.93 acres of their land in fee simple, as well as permanent and temporary easements. The Beatties argued the trial court erred when, in dismissing their preliminary objection which challenged the necessity and net-public benefit of the taking, the trial court applied the fraud or gross mistake standard of review set forth in RSA chapter 230 rather than a de novo standard pursuant to RSA chapter 498-A. The State contended the trial court did not err because RSA chapter 230, not RSA chapter 498-A governed the outcome of the case. The New Hampshire Supreme Court agreed with the Beatties, reversed and remanded. View "New Hampshire v. Beattie" on Justia Law

The Second Circuit originally resolved the motions that are the subject of this opinion in an order entered November 9, 2020. Except in unusual circumstances, the court resolves such motions by order, not opinion. The court converted the original order and the dissent into opinions per the dissent's request.These appeals challenge Governor Andrew Cuomo's issuance of an executive order directing the New York State Department of Health to identify yellow, orange, and red "zones" based on the severity of COVID-19 outbreaks and imposing correspondingly severe restrictions on activity within each zone. Appellants, Agudath Israel and the Diocese, each challenged the executive order as a violation of the Free Exercise Clause of the First Amendment. After the district court denied appellants' motion for a preliminary injunction against enforcement of the order, appellants moved for emergency injunctions pending appeal and to expedite their appeals.Preliminarily, the Second Circuit concluded that Agudath Israel did not move first in the district court for an order granting an injunction while an appeal is pending before filing with this court its present motion for an injunction pending appeal. Rather, Agudath Israel moved for a preliminary injunction pending the district court’s final judgment. Furthermore, Agudath Israel has not explained or otherwise justified its failure to comply with the straightforward requirement of Federal Rule of Appellate Procedure 8(a). Agudath Israel has also failed to demonstrate that moving first in the district court would be impracticable, or even futile, particularly in light of the fact that a full eleven days elapsed after the district court's ruling before Agudath Israel sought relief from this court. Therefore, the court denied Agudath Israel's motion for procedural reasons.The court also denied the Diocese's motion, concluding that appellants cannot clear the high bar necessary to obtain an injunction pending appeal. The court stated that, while it is true that the challenged order burdens appellants' religious practices, the order is not substantially underinclusive given its greater or equal impact on schools, restaurants, and comparable secular public gatherings. To the contrary, the executive order extends well beyond isolated groups of religious adherents to encompass both secular and religious conduct. View "Agudath Israel of America v. Cuomo" on Justia Law

The New Hampshire House of Representatives certified a question of law to the New Hampshire Supreme Court. The House asked a single question: whether holding a House session remotely, either wholly or in part, whereby a quorum could be determined electronically, would violated Part II, Article 20, of the New Hampshire Constitution. The Supreme Court responded in the negative. "As long as the requisite number of representatives is 'present,' either in person or virtually, meaning that the requisite number is 'at hand' and '[n]ot absent,' Part II, Article 20 is satisfied." View "Request for an Opinion of the Justices (Quorum under Part II, Article 20)" on Justia Law

The Supreme Court reversed the order of the circuit court that ordered the West Virginia Division of Motor Vehicles (DMV) to grant the application for a motor vehicle salesperson license submitted by Timothy McCabe, holding that W. Va. Code 17A-6E-4(c)(5) is rationally related to the State's legitimate interest in preventing fraudulent activity in the motor vehicle industry and is not arbitrary or discriminatory.McCabe was denied a permanent motor vehicle salesperson license pursuant to section 17A-6E-4(c)(5), which prohibits the issuance of a motor vehicle salesperson license to an applicant previously convicted of a felony involving financial matters or the motor vehicle industry. The circuit court ordered that McCabe's application for a motor vehicle salesperson license be granted, concluding that the statute cannot lawfully be applied to applicants who were convicted of felonies prior to the enactment of the statute, that Defendant was denied due process, and that the statute is both constitutionally overbroad and overly narrow. The Supreme Court reversed, holding (1) section 17A-6E-4(c)(5) is a regulatory statute that does not violate the prohibition against ex post facto laws; (2) Defendant was afforded his procedural due process rights; and (3) the statute is neither overly broad nor overly narrow. View "Frazier v. McCabe" on Justia Law

The Eleventh Circuit vacated its previous opinion and issued the following opinion.Plaintiff and the Association filed suit under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act against several Florida entities and officials, challenging defendants' failure to provide captioning for live and archived videos of Florida legislative proceedings.The court affirmed the district court's denial of defendant's motion to dismiss, holding that it has jurisdiction to hear defendants' interlocutory appeal. The court affirmed the district court's alternative holding that Congress validly abrogated defendants' Eleventh Amendment immunity for these claims under Title II regardless of whether a fundamental right is implicated. Because the court affirmed on this basis, it did not reach the question of whether the ability to participate in the democratic process is a fundamental right. The court stated that Congress validly abrogated sovereign immunity for this claim under the standard for important rights that nonetheless receive only rational basis review.The court also affirmed the district court's holding that plaintiffs were entitled to pursue injunctive relief under the doctrine of Ex parte Young for allegedly ongoing violations of Title II. Finally, given the substantial overlap between plaintiffs' ADA and Rehabilitation Act claims, the court held that the district court did not encroach on the Legislative Defendants' immunity. View "National Association of the Deaf v. Florida" on Justia Law