I'll forgive you if you did not read Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc. It came out on June 21, the same day as Carson v. Makin, two days before Bruen, and three days before Dobbs. I didn't get to the case till July 12. I read everything so you don't have to. You're welcome.
The case considered whether a group health plan that does not cover outpatient dialysis for all plan participants violate the Medicare Secondary Payer statute. The Court split 7-2. Justice Breyer joined Justice Kavanaugh's majority opinion. Justice Kagan wrote a pithy, three-page dissent, joined by Justice Sotomayor.
In the final paragraph of Kagan's dissent, she calls on Congress to fix the statute:
