Legal Opinion
Magee v. United States
District Court, D. Rhode Island
Decided May 2, 2000No. C.A.98-073-TPublishedCited by 1 opinion
1Opinion of the Court
Memorandum and Order
TORRES, Chief Judge.
Attorneys Diane Messere Magee and Deborah A. Barclay (the “Plaintiffs”) brought this action to declare unconstitutional and to enjoin enforcement of Section 4734 of the Balanced Budget Act of 1997 (42 U.S.C. § 1320a-7b), which makes it a crime to counsel an individual to dispose of assets in order to become eligible for Medicaid benefits.
The plaintiffs contend that Section 4734 violates their First Amendment rights to freedom of speech and they have moved for summary judgment. The United States does not dispute that Section 4734 is “plainly…
2Cases cited12 opinions
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- Warth v. SeldinSupreme Court of the United States · 1975
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Steffel v. ThompsonSupreme Court of the United States · 1974
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3Cited by1 opinion
- Olsen v. GonzalesDistrict Court, D. Oregon · 2006