Michigan Department of State v. United States

OPINION

ROBERT HOLMES BELL, Chief Judge.

Before this Court is Plaintiff Michigan Department of State’s (“Michigan”) claims that 42 U.S.C. § 666(a)(13) is unconstitutional and that even if the statute is constitutional, the Department of Health and Human Services’ (“DHHS”) decision to deny Michigan an exemption from this statute under 42 U.S.C § 666(d) violates the Administrative Procedures Act (“APA”). 5 U.S.C. §§ 701-706 (2001). Currently pending are Plaintiffs motion for summary judgment and Defendants United States of America, Department of Health and Human Services, and Tommy G. Thompson’s…