Medicaid "Coercion" Issue to be Settled by Supreme Court

By:  Joe Wolverton, II
11/28/2011
       
Medicaid "Coercion" Issue to be Settled by Supreme Court

The Supreme Court approved petitions last week to hear arguments in two cases challenging the constitutionality of ObamaCare. One of the issues that will be argued before the justices of the high court is the legality of the currently operating Medicaid scheme.

Admittedly, the question is a very “narrow” one, but it will have far-reaching impact on the future of federalism and on the power of Congress to raise and spend revenue.
 
In one of the cases filed against President Obama’s pet project, the 11th Circuit Court of Appeals in Atlanta rejected a similar claim against provisions of Medicaid. In that suit, filed by the Attorneys General of the states of Florida, South Carolina, Texas, Utah, and Nebraska, the court held that the expansion of the program made under provisions of ObamaCare was constitutional.
 
The essence of the states’ argument is that the use of the existing Medicaid arrangement to provide expanded healthcare coverage to citizens of the states is unduly burdensome on the governments of those states. ObamaCare mandates that the states cover 100 percent of the administrative expenses associated with implementing the new Medicaid policies set out in ObamaCare.

The Supreme Court approved petitions last week to hear arguments in two cases challenging the constitutionality of ObamaCare. One of the issues that will be argued before the justices of the high court is the legality of the currently operating Medicaid scheme.

Admittedly, the question is a very “narrow” one, but it will have far-reaching impact on the future of federalism and on the power of Congress to raise and spend revenue.
 
In one of the cases filed against President Obama’s pet project, the 11th Circuit Court of Appeals in Atlanta rejected a similar claim against provisions of Medicaid. In that suit, filed by the Attorneys General of the states of Florida, South Carolina, Texas, Utah, and Nebraska, the court held that the expansion of the program made under provisions of ObamaCare was constitutional.
 
The essence of the states’ argument is that the use of the existing Medicaid arrangement to provide expanded healthcare coverage to citizens of the states is unduly burdensome on the governments of those states. ObamaCare mandates that the states cover 100 percent of the administrative expenses associated with implementing the new Medicaid policies set out in ObamaCare.

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