It's worth noting as well that, as a post on Daily Kos pointed out, the Affordable Care Act has a large number of provisions altering Medicaid, other than the expansion of
This blog is devoted to evaluating vulnerable Democratic candidates, political news, law and current affairs. Author is a Political consultant specializing in opposition research for conservative candidates, attorneys and PACS at the local, state, and federal level. “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests.” ― Patrick Henry
Tuesday, July 10, 2012
Breyer, Kagan, and the Medicaid Expansion
Scott Lemieux has
a good explanation of strategic reasons for Justices Breyer's and
Kagan's decision to join the Chief Justice's discussion of the Medicaid
expansion. I'd add that during oral argument it was clear that Justice
Breyer was interested in exploring the possibility of some sort of limit
on the cut-off of pre-existing Medicaid funds. The theory he was toying
with, I think, was that as a matter of administrative law the Secretary
of HHS's decision to cut off funds would be subject to "arbitrary and
capricious" review, with the implication that at least sometimes a total
cut-off for failure to expand Medicaid would be arbitrary and
capricious. I'm not sure that that theory would have worked, but in any
event the Chief Justice's alternative approach wasn't wildly
inconsistent with the impulses that lay behind Justice Breyer's
questions.
It's worth noting as well that, as a post on Daily Kos pointed out, the Affordable Care Act has a large number of provisions altering Medicaid, other than the expansion of
coverage
to those up to 133% of the poverty line. Under the Chief Justice's
analysis, it remain open to the Secretary of HHS to take the position
that some (many, all?) of those provisions are simply modifications
within the existing Medicaid framework, not the substitution of a new
program for the older one, and that states therefore must comply with
them or risk a cutoff of existing Medicaid funds.
It's worth noting as well that, as a post on Daily Kos pointed out, the Affordable Care Act has a large number of provisions altering Medicaid, other than the expansion of
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