Are Challenges To ACA’s Medicaid Reforms Founded In Constitutional Principles?

Jim Hufford

First published 6/15/11 on Organon

Read this in Belorussian here.

At oral arguments over the health reform law last week, the Eleventh Circuit panel showed a surprising amount of interest in the other constitutional challenge to the Affordable Care Act (ACA)—the states’ claim that the ACA’s Medicaid provisions are unconstitutionally coercive, effectively commandeering state governments into doing the federal government’s bidding. Brad Joondeph reviews the arguments presented by former Solicitor General Paul Clement on behalf of the states.

First there’s an argument from “sheer volume”: the enormity of federal Medicaid funding unconstitutionally tips the balance of federalism in favor of the feds. The difficulty with this argument is that, if the sheer volume of Medicaid makes new conditions on federal spending unconstitutionally coercive, then every new amendment that has increased states’ program costs in the past several decades must also have been unconstitutional.

Continue reading “Are Challenges To ACA’s Medicaid Reforms Founded In Constitutional Principles?”

‘Don’t Litigate, Innovate.’ How To Implement A Fully Funded Alternative To The New Health Care Overhaul — And It’s Already In The Law

ROBERT LASZEWSKI

Originally Published 11/22/10 here on Kaiser Health News

Scott Brown (R-MA) and Ron Wyden (D-OR)

What if a Republican governor and a Republican legislature had the ability to implement their version of health insurance reform and the federal government would have to pay for it? It’s a great idea. And I’m thrilled to say that a bi-partisan bill has already been introduced in the Senate by Ron Wyden, D-Ore., and Scott Brown, R-Mass., that would help facilitate exactly this end.

Continue reading “‘Don’t Litigate, Innovate.’ How To Implement A Fully Funded Alternative To The New Health Care Overhaul — And It’s Already In The Law”