The Liberty Justice Center filed an amicus brief urging the United States Supreme Court to hear Filyaw v. Corsi, a case that asks when federal courts can step in to stop ongoing due‑process violations in public benefits programs.
In April 2024, a Nebraska Medicaid recipient received a notice stating that her income was too high and her coverage would end. The notice referenced options to request a conference or appeal to preserve benefits during a hearing, but it did not clearly or specifically explain why coverage was being cut off. She sued state officials, arguing the notice failed to meet basic due‑process requirements.
The district court dismissed the case and the Eighth Circuit affirmed, reasoning that sovereign immunity generally bars suits against states for past harms and because the plaintiff’s coverage had already ended and she had not pursued the state’s appeal process, there was no ongoing violation to remedy prospectively.
The Liberty Justice Center’s brief explains why that reasoning is wrong and why this case matters nationwide. Medicaid benefits are a protected property interest once conferred, and due process requires constitutionally adequate, individualized pre‑termination notice and a meaningful opportunity to be heard. When a state terminates coverage without those safeguards, the deprivation does not end with the initial notice—it persists every month the beneficiary goes without coverage. Prospective relief is therefore appropriate under Supreme Court precedent in Ex parte Young to halt the ongoing constitutional violation and ensure lawful procedures going forward.
“The protection of property rights is a core liberty of every citizen, and those citizens deserve their day in court to argue that government action is depriving them of that right.” said Reilly Stephens, senior counsel and director of amicus practice at the Liberty Justice Center.
The brief urges the Court to resolve a growing conflict among lower courts over when federal courts may hear claims for prospective relief in similar cases. Clarifying that ongoing denials of property rights require injunctive relief would protect beneficiaries from wrongful loss of essential coverage while ensuring states provide constitutionally adequate procedures.
The Liberty Justice Center’s amicus brief in Filyaw v. Corsi is available here.
Check back soon for more about this brief in the news.
To schedule an interview about this amicus brief, please contact us.