The Medicaid Issue
posted by Gerard Magliocca
I think this might be my last Affordable Care Act post until June–no promises though!
One problem is that we could end up with a situation where five Justices conclude that the Medicaid provisions are invalid even though there is no majority on the Spending Clause or severability points. In other words, three Justices could say that the individual mandate is invalid, it is severable, and that the Medicaid provisions are unduly coercive. Two other Justices could say that the individual mandate is invalid, that it is not severable, and not reach the Medicaid issue. The result would be–the Medicaid provisions go down the tubes.
All aboard the runaway train!