Kenneth Fitch, et al. v. Maryland, et al.

Petitioners, retired state employees, filed a complaint alleging that their employer, the State of Maryland, breached a statutory unilateral contract to provide state subsidized prescription drug benefits in retirement. The District Court found a contract existed for certain State retirees. The Fourth Circuit reversed that decision, ruling that a contract was not created based on the unmistakability doctrine. Six months after Petitioners appealed, Maryland established the Qualified Resident Program that will provide access to and subsidize state and federal healthcare programs for illegal aliens. THE QUESTIONS PRESENTED ARE:

1. Whether the use of the unmistakability doctrine renders a fulfilled statutory unilateral employment contract illusory.

2. Whether Maryland may discriminate in favor of illegal aliens and against State retirees by providing subsidies for prescription drug benefits through Medicare Part D; and if so, whether the specific discriminatory provisions of the Qualified Residence Program in Maryland’s Access to Care Act are unconstitutional.