Doe v. Chiles

I concur in Chief Judge Hatchett’s excellent opinion in this case. I write separately to explain additionally why, in my view, the Supreme Court’s decision in Suter v. Artist M., 503 U.S. 347, 112 S.Ct. 1360, 118 L.Ed.2d 1 (1992), does not mandate the conclusion that the Medicaid Act’s reasonable promptness mandate, 42 U.S.C. § 1396a(a)(8),’ may not be enforced under 42 U.S.C. § 1983.

In Suter, the Supreme Court held that plaintiffs could not enforce the reasonable efforts provision of the Adoption Assistance and Child Welfare Act of 1980 (“AACWA”), 42 U.S.C. § 671(a)(15). That section…