Updated:
December 23, 2014

Whether private individuals may raise a claim that a state law is inconsistent with federal law by suing directly under the Supremacy Clause of the Constitution.

This dispute involves a claim by private parties that a change in Idaho’s Medicaid reimbursement is inconsistent with federal law.  The issue before the Supreme Court is whether plaintiffs in these circumstances may sue directly under the Supremacy Clause of the Constitution. The ACLU amicus brief argues that the ability of private parties to raise Supremacy Clause claims has been critical to civil rights enforcement and long recognized by the Supreme Court.

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