Asher v. Washington

How later courts describe this case

• holding that “[a] person who is the ‘animating force’ for regulatory violations is fully liable even though he does not personally receive all benefits of his illegal activities”
• nursing home had a property right in continued participation in Medicaid but received adequate due process
• state not required to share costs where it had not been an active party to the litigation since 1970.
• “By choosing the word ‘may,’ rather than ‘shall,’ ‘must,’ or other mandatory language, Congress allowed the Secretary to exercise discretion in deciding whether regulations were needed to effectuate the statute.”