Levy v. Kansas Department of Social & Rehabilitation Services
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The Fourth Circuit disagreed with Levy's reading of the statutory clause while deciding whether it covered Affordable Care Act claims. Other citing courts applied Levy's sovereign immunity rules.
38 later cases cite Levy v. Kansas Department of Social & Rehabilitation Services; 38 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Levy v. Kansas Department of Social & Rehabilitation Services?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Declined to Follow
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The Fourth Circuit rejected Levy's narrow reading of the Civil Rights Remedies Equalization Act's residual clause and held that the clause reaches Affordable Care Act § 1557 claims.
Kadel v. North Carolina State Health Plan · Fourth Circuit · filed
The dissent correctly notes that, by rejecting this brand of statutory interpretation, we take a different view of the residual clause than two of our sister circuits. See Levy, 789 F.3d at 1171; Cronen, 977 F.2d at 937–38.
Read the full opinion on CourtListener →
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