50 Vetoes by Michael F. Cannon

Author:Michael F. Cannon
Language: eng
Format: epub
Tags: ebook, book
Publisher: Cato Institute
Published: 2013-03-22T16:00:00+00:00

Maine’s Legal Challenge

The Obama administration’s overreach has come to a head in Maine. Facing a budget deficit last year, Maine officials eliminated Medicaid eligibility for parents and caretaker relatives with incomes above the poverty level. When HHS refused to approve the cuts on the grounds they violate the “maintenance of effort” mandate,246 Maine’s then-attorney general Bill Schneider (R) took HHS to court.247

After some bureaucratic wrangling that postponed the issue until after the election, on January 7, 2013, HHS gave Maine its final answer.248 The agency will do what the Supreme Court forbade it to do: withhold from Maine all federal Medicaid funds unless the state rescinds the cuts. It now falls to Maine governor Paul LePage (R)—and other states struggling to balance their budgets—to ask the courts to heed the Supreme Court’s ruling.

It is worth reemphasizing that seven members of the Court found the Medicaid mandate unconstitutional. A challenge to Sebelius’ attempt to coerce states into implementing these other portions of the Act would only need five to prevail.

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