Magee v. United States (Summary)

Magee v. United States, C.A. No. 98-073-T (D. R.I., March 10, 2000)

Plaintiffs, two attorneys, brought an action asserting that §4730 of the Balanced Budget Act of 1997 is unconstitutional and seeking to enjoin its enforcement. § 4730 criminalizes counseling an individual to dispose of assets to establish eligibility for Medicaid benefits. The plaintiffs moved for summary judgment and the United States District Court denied the motion. The court reasoned that, because the Attorney General agreed that the statute is unconstitutional and that she would not prosecute alleged violations under it, the action did not present a case or controversy upon which the court could grant relief.