Second Circuit To Hear Oral Argument on September 25, 2020 in Lisnitzer v Zucker

On Friday morning, September 25, 2020, a three judge panel of the U.S. Court of Appeals for the Second Circuit will hear oral argument in New York State's appeal of the judgment in Lisnitzer v Zucker, 19-470.

On January 26, 2018, Judge Leonard D. Wexler of the Eastern District of New York certified a statewide class of Medicaid appellants and concluded that Medicaid-related Fair Hearing Decisions, which contain open-ended remands to local social services agencies, violate appellants' right to final determinations of their Medicaid eligibility. See Open-Ended Remands in Medicaid-Related Fair Hearing Decisions Violate Federal Law.

The Second Circuit panel, consisting of Senior Circuit Judges Jon O. Newman and Guido Calabrisi, and Circuit Judge Susan L. Carney, will begin hearing oral arguments at 10:00 a.m. The arguments will be live streamed. The oral argument in Lisnitzer, which is last on the panel's docket, will likely begin after 11:00 a.m. Oral arguments are also archived.

Peter Vollmer will be arguing on the plaintiffs' behalf. New York Deputy Solicitor General Steven Wu and Assistant Solicitor General Blair Greenwald represent the New York State Department of Health and New York State Office of Temporary and Disability Assistance.

In addition to the parties' counsel, Lewis S. Yelin, Senior Counsel of the Appellate Staff, Civil Division, of the U.S. Department of Justice will participate in oral argument in support of the amicus curiae brief of the United States.

Please read the Disclaimer.

Author: Gene Doyle, LMSW.