Rochelle Bobroff
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Medicaid Preemption Claims in Douglas Avert the Astra Abyss
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.**
The Supreme Court’s five-to-four opinion in Douglas v. Independent Living Center of Southern California, Inc.1 is a significant court-access victory for …
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The Continuing Viability of Medicaid Rights After the Deficit Reduction Act of 2005
In a recent note in The Yale Law Journal, Jon Donenberg argued that (1) program changes in Medicaid ushered in by the Deficit Reduction Act of 2005 (DRA) sub silentio rendered Medicaid’s basic availability provision unenforceable under 42 U.S.C. § 1983, and (2) state fair hearing procedures const…