Oral arguments involving Douglas v Independent Living Center were heard by the Supreme Court on Oct. 3, 2011. It was the very first case heard in the new term and NSCLC has been actively working on the plaintiff’s behalf for more than a year.
Directing Attorney Rochelle Bobroff, as part of her Federal Rights Project work, provided extensive comments on the merits brief, participated in a meeting to select Supreme Court counsel, and mooted Supreme Court counsel for the oral argument.
Bobroff authored blogs for the American Constitutional Society on the case and was quoted in both the New Republic and Politico Pro after the oral arguments were heard.
The case addresses whether people with limited income and resources can sue states that enact laws which conflict with federal Medicaid requirements in the same way that businesses sue states to challenge state consumer protection laws.
According to Bobroff, the case is of vital importance to low-income individuals, including older adults, who rely on safety net programs such as Medicaid. The only issue before the Supreme Court is whether the Supremacy Clause of the Constitution – commonly invoked by businesses challenging state environmental or consumer protection laws – applies to the claims of poor people, including low income older adults, who were unable to obtain medication from pharmacies due to the reimbursement rates being below cost.
While some of the justices appeared to be clearly leaning toward one side or the other, there are several justices who could swing either way. A decision is expected this winter or spring. Hopefully, the Court will rule that court house doors are open not only to claims by big business but also to disadvantaged individuals.
A Heartfelt Thank You from Eskaton ADHC – The center is located in the northeastern part of Sacramento County, California. Some 50 family, participants and staff from 
