OLRS presents oral argument in the
Parents' League for Effective Autism Services (PLEAS) case

Staff attorney Michelle Atkinson presented oral argument in the United States Court of Appeals for the Sixth Circuit on Thursday, April 30, 2009 in Parents' League for Effective Autism Services (PLEAS), et al. v. Helen Jones-Kelley, et al.

Atkinson along with Chief Legal Counsel Sue Tobin represent PLEAS and individual plaintiff-children in an action seeking to enjoin two Ohio administrative rules that conflict with federal law on Medicaid requirements for eligible children. After plaintiffs successfully obtained a preliminary injunction in the United States District Court for the Southern District of Ohio, defendants appealed. Judges Gibbons, Rogers and Kennedy comprise the panel hearing this appeal.

During oral argument, the panel actively engaged both sides with questions on many issues including the effect on the plaintiff-children of the Ohio administrative rules in question and the scope of federal Medicaid law that requires states to provide rehabilitative services for children.

Preparation for oral argument

Atkinson received moot court assistance from the law firm of Jones Day. Jones Day Associates and former law clerks for judges within the Sixth Circuit Leslie Siegel, Erik Clark, Erin Barnhart, and Zachary Bolitho spent an afternoon acting as mock appellate judges and questioning Ms. Atkinson on many facets of the appeal.

A decision in this case could be expected within 6-9 months.

Read the briefs filed with the Sixth Circuit: OLRS files brief asking court to uphold decision

Article posted May 7, 2009