Justice in Aging logo, "Fighting senior poverty through law."

Litigation

As the only national legal organization focused on advancing equity and protecting the rights of low-income older adults, we are uniquely positioned to drive change through the courts. Our attorneys have a deep understanding of the intricacies of the complex health care and economic security programs that low-income older adults rely on and know when barriers to services violate their rights.

When developing litigation, we partner with advocates on the ground who help us identify and monitor serious systemic issues that impact groups of low-income older adults. We then partner with those on-the-ground advocates and our pro-bono partners from top law firms across the country to file and win cases that bring justice to large groups of plaintiffs.

Throughout our more than 50 year history we have litigated landmark cases that provide sweeping relief to low-income older adults across the country, leading to the return of billions of dollars worth of vital benefits.
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Cases

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Amicus Briefs

California, et al. v. Texas, et al. and United States House of Representatives v. Texas, et al. – United States Supreme Court
Jan 2020
This amicus brief urges the U.S. Supreme Court to expedite its review of this case in order not to prolong the uncertainty of the future of the Affordable Care Act (ACA). Justice in Aging joined AARP and the Center for Medicare Advocacy in this amicus in support of the intervenor-defendant states and the U.S. House of Representatives who are appealing the Fifth Circuit’s ruling and defending the constitutionality of the ACA. The brief argues that the uncertainty caused by Circuit’s decision to remand the case to the district court is harming older adults and that declaring the entire ACA unconstitutional will cause millions of older adults to lose health insurance coverage and vital consumer protections.
State of Washington v. US Department of Health and Human Services, et. al. – United States District Court, Western District of Washington
Jan 2020
This amicus brief argues that the changes to the Affordable Care Act’s non-discrimination mandate, Section 1557, are arbitrary and capricious and would harm older adults, LGBTQ individuals, people with disabilities, and those with Limited English Proficiency.
State of California et al. and Service Employees International Union Local 503 et al. v. Alex M. Azar
Nov 2019
This amicus was filed in the United States District Court Northern District of California, San Francisco Division in support of people with disabilities and care providers.
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Litigation Team

Regan Bailey
Regan Bailey
Litigation Director
Photo of Liam McGivern
Liam Mcgivern
Senior Litigation Attorney
Photo of Carol Wong
Carol Wong
Associate Litigation Director
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