I never got around to summarizing the arguments from the fourth and last health care question at the Supreme Court, looking at whether or not the Medicaid expansion in the bill is unconstitutional. If the Court found this, it would unravel decades of federal-state partnerships in social policy and would create far more chaos than striking down just the mandate. Plus, more than half of the coverage expansion in Obamacare comes from this expansion of Medicaid, so it matters at a practical level as well.
|By: David Dayen Thursday March 29, 2012 7:00 pm|
|By: David Dayen Wednesday March 28, 2012 10:55 am|
If the arguments are any guide, then, the choice would be, in the event of the mandate being found unconstitutional, between tossing the regulations with the mandate, or tossing the whole law. The mandate won’t come out alone, if form holds and everyone to the right of Kennedy agrees.
|By: David Dayen Wednesday March 28, 2012 8:40 am|
On the third and final day of the Supreme Court hearings on Obamacare, the Justices will hear arguments on two separate issues. One concerns severability. If one portion of the law is found unconstitutional, such as the mandate, does that require the Court to strike down related provisions, or even the entire law?