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Tag: spending clause

June 28, 2012

The Medicaid holding—also a victory for constitutional principle

In addition to holding the Individual Mandate unconstitutional under the Commerce Clause (but upholding it as a tax), the Supreme Court also invalidated vital portions of the Medicaid expansion requirements. Obamacare forces states to expand eligibility for Medicaid, on pain of losing all their Medicaid funding. The problem with that is that Congre ...

March 20, 2012

Obamacare and the states: the constitutionality of Medicaid expansion

In addition to the constitutionality of the Individual Mandate, the Supreme Court will also be considering the constitutionality of PPACA's Medicaid expansion provisions. PLF filed a brief on this issue which you can read about here. The Medicaid issue centers around the so-called "spending clause," which says Congress can "lay and collect Taxes, D ...

January 16, 2012

Obamacare: the power to spend must have limits

Today, Pacific Legal Foundation, along with the Claremont Institute and the Cato Institute, filed this brief in the U.S. Supreme Court in the Obamacare lawsuits. The brief focuses on the federal government's power to give states money in exchange for them agreeing to do what the federal government wants them to do. In this case, ...