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Poll

What do you think of the Supreme Court's ruling on the Medicaid expansion?

I disagree; the provision is constitutional
3 (75%)
I agree; it is (unconstitutional) coercion
1 (25%)

Total Members Voted: 4

Author Topic: Weekly Poll #2: More Obamacare  (Read 1567 times)

Offline Wast

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Weekly Poll #2: More Obamacare
« on: July 01, 2012, 12:16:42 AM »
For completeness, since I left it out of the previous poll. The provision in question threatens states with loss of all federal funding for Medicaid if they do not comply with the Medicaid expansion (see http://www.oyez.org/cases/2010-2019/2011/2011_11_400 for summary).

Decision can be found, among other places, here.
« Last Edit: July 01, 2012, 12:36:50 AM by Wast »

Offline Eluvatar

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Re: Weekly Poll #2: More Obamacare
« Reply #1 on: July 01, 2012, 12:17:59 AM »
I thought the feds did this all the time with highway funds and such. Seems not only constitutional but downright routine?
                                 
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Offline Wast

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Re: Weekly Poll #2: More Obamacare
« Reply #2 on: July 01, 2012, 12:19:36 AM »
I thought the feds did this all the time with highway funds and such. Seems not only constitutional but downright routine?

Yeah, they do this all the time. I'm wondering what precedent there is to it, but I'll have to do some searching to find it (will possibly update this post soon).

Edit: Five minutes of searching has answered my question. I'll try to summarize briefly, but for the proper explanation, see 5(a-b) of the opinion itself. Congress cannot require states to regulate, but can (and often does) offer incentives as part of a program of cooperative federalism (see New York vs. United States for relevant precedent). As such, completely withholding existing Medicaid funds (a program in which states have already agreed to participate) constitutes coercion to participate in the new program, as the state doesn't really have an option (they'd be too crippled if their federal funding for Medicaid suddenly disappeared). It was argued that the expansion merely amends the existing program and so isn't an issue, but the Court rejected that analysis.

Note that the only unconstitutional part is the coercion - the expansion itself, should states choose to participate, is not a problem. And as far as I can tell, Congress could still offer "incentives" in the form of withholding some funds, so long as that doesn't effectively require states to join in by making the option of opting-out unbearable.
« Last Edit: July 01, 2012, 12:48:39 AM by Wast »

Offline Eluvatar

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Re: Weekly Poll #2: More Obamacare
« Reply #3 on: July 01, 2012, 01:25:37 AM »
Oh so it was basically the "Congress already  made a deal, it can't just withdraw from it suddenly" logic. I guess I can live with that.
                                 
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Offline Wast

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Re: Weekly Poll #2: More Obamacare
« Reply #4 on: July 02, 2012, 04:33:07 AM »
Oh so it was basically the "Congress already  made a deal, it can't just withdraw from it suddenly" logic. I guess I can live with that.

Yes. The decision was actually quite reasonable, since the law can survive with that one provision scaled back.