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MAYHEW v. BURWELL

No. 14-1300.

772 F.3d 80 (2014)

Mary C. MAYHEW, in her capacity as Secretary of the Maine Department of Health and Human Services, Petitioner, v. Sylvia M. BURWELL, in her capacity as Secretary of the U.S. Department of Health and Human Services, Respondent, and Janet T. Mills, in her capacity as Attorney General of Maine, Intervenor.

United States Court of Appeals, First Circuit.

November 17, 2014.

Attorney(s) appearing for the Case

Clifford H. Ruprecht , with whom Christopher T. Roach , Geraldine G. Sanchez , and Roach, Hewitt, Ruprecht, Sanchez & Bischoff, P.C. were on brief, for petitioner.

Alisa B. Klein , Appellate Staff Attorney, with whom Beth S. Brinkmann , Deputy Assistant Attorney General, Mark B. Stern , Appellate Staff Attorney, Stuart F. Delery , Assistant Attorney General, William B. Schultz , General Counsel, Janice L. Hoffman , Associate General Counsel, Susan Maxson Lyons , Deputy Associate General Counsel for Litigation, and Bridgette Kaiser were on brief, for respondent.

Christopher C. Taub , Assistant Attorney General, with whom Janet T. Mills , Attorney General, was on brief, for intervenor.

Martha Jane Perkins , Catherine McKee , and Jack Comart on brief for National Health Law Program, Maine Equal Justice Partners, Maine Psychological Association, Maine Chapter of the American Academy of Pediatrics, Maine Medical Association, Preble Street, Maine Children's Alliance, and Young Invincibles, amici curiae.

Before LYNCH, Chief Judge, SELYA and BARRON, Circuit Judges.

LYNCH, Chief Judge.

After providing Medicaid coverage for over 20 years for 19- and 20-year old children whose families met low-income requirements, in 2012, Maine DHHS1 sought to drop that coverage by proposing an amendment to its Medicaid state plan. The federal Department of Health and Human Services (DHHS) Secretary disapproved the amendment, stating that it plainly violates a federal statute...

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