States v. HHS Brief of State Petitioners on Medicaid

January 10, 2012
On January 10, 2012, 26 states submitted a brief to the US Supreme Court challenging the constitutionality of the expansion of Medicaid for the poor and disabled in the Patient Protection and Affordable Act (PPACA). In the brief, the states argue that the limitation of Congress' spending power that was recognized in South Dakota v. Dole must also apply to present-day Congress. In addition, they question whether congress should exceed its enumerated powers thus violating basic principles of federalism or whether previous rulings on Congressional spending must be upheld.
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