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|User Info||Supremes to get oral March 27; entered at 2012-03-28 13:12:12|
Registered: 2008-10-15 upstate new york
They are blogging it at the wallstreetjournal:|
I don't get this point of view of Kagan....does money grow on trees????
In the afternoon session, the Supreme Court's liberal justices have been peppering Paul Clement with a host of skeptical questions about his argument that the health law unfairly coerces the states into growing their Medicaid program Wednesday afternoon.
Mr. Clement made it about ten seconds into his argument before being cut off by Justice Elena Kagan. "Why is a big gift from the federal government a matter of coercion?" she asked. "It's just a boatload of federal money. It doesn't sound coercive to me, let me tell you."
Justice Kagan challenged Mr. Clement to explain whether he would still be saying that the provision was coercive if the federal government agreed to pick up 100% of the tab permanently. He's arguing that it is, because the government is insisting that the states comply with the expansion as a condition of remaining in the 45-year-old Medicaid program at all.
Justice Kagan, by the way, isn't having any of that. She compared Mr. Clement's argument to her offering him $10 million to come work for her. Would he refuse that, she wanted to know. He said he would want to know where the money came from, prompting Justice Kagan to reply, "Wow. Wow!"
Chief Justice John Roberts suggested to Mr. Clement soon after that that the growth of the Medicaid program over time was a consequence of states' willingness to participate in it, complete with federal strings attached. The states shouldn't be surprised when those strings get pulled, he said.