Relist Watch Choose – SCOTUSblog

Relist Watch: Worst Monday in October

John Elwood Relist Watch

Posted Thu, Dec 3rd 2020 at 5:03 pm

Posted Thu December 3rd 2020, 5:03 pm by John Elwood

John Elwood checks Monday’s relists.

I’m really stretched thin this week, so we’re offering the affordable luxury of Relist Watch SelectTM. In either case, the Secretary of the Department of Health and Human Services has authority to allow states to add work requirements to their Medicaid programs. Hopefully we’ll come back with a full report next week.

New relists

Azar v. Gresham, 20-37
Problem: Whether the Secretary of Health and Human Services approval of the Arkansas Works Amendment was lawful.
(resumed after the conference on November 20th)

Arkansas v. Gresham, 20-38
Problem: Whether the U.S. Court of Appeals for the District of Columbia Circuit was wrong to conclude that the Secretary for Health and Human Services cannot approve demonstration projects to test requirements designed to promote the provision of health coverage by facilitating the transition from Medicaid – Beneficiaries for commercial coverage and health improvement.
(resumed after the conference on November 20th)

Return relists

Shinn v. Kayer, 19-1302
Problem: Whether the U.S. Court of Appeals for the 9th Circuit violated the Deferential Standard of 28 USC § 2254 and used a flawed methodology that the Supreme Court repeatedly condemned in granting habeas relief based on a de novo finding that a violation of the sixth amendment had occurred.
(Performed again after the conferences of September 29, October 9, October 16, October 30, November 6, November 13, and November 20; replay requested before October 15 conference and received on October 28 )

Posted in Shinn v. Kayer, Azar v. Gresham, Arkansas v. Gresham, Featured, cases in the pipeline

Recommended citation:
John Elwood, Relist Watch Select,
SCOTUSblog (December 3, 2020, 5:03 p.m.),