While the Court’s upholding the mandate is deservedly taking front stage in the media coverage, the Court’s decision to strike down a part of the Medicaid expansion may ultimately have broader jurisprudential consequence. That, at least, will be a subject of debate among lawyers and academics in the days and weeks to come. This is the first time (as far as I know) that the Court has actually found a Spending Clause condition unconstitutionally coercive. Whether it establishes principles that make many other programs vulnerable is a question that will require further analysis and debate. Lyle Denniston will start that analysis in an post later today or tomorrow morning.
Medicaid holding may have broad implications,
SCOTUSblog (Jun. 28, 2012, 1:10 PM),
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