That was the question in regard to the Medicaid provision of the Affordable Care Act.
I think it was Justice Ginsburg that repeatedly noted to all in the courtroom the discretion of the Secretary of Health and Human Services according to the Administrative Procedures Act was what came to bear in this part of the act. It sounded right to me.
Clement wants the Justices to define what coercive was with this law because the capacity the Secretary has is to withhold 100% of the Medicaid matching funds if here is no compliance with 133% of the poverty level.
The relief to the law for the Secretary to rely on is a person 100% of the poverty line and above can obtain insurance through the exchanges. Whether that is realistic or not is another question for the Secretary to answer before the policies in this portion of the law is administered to the states.
I think it was Justice Ginsburg that repeatedly noted to all in the courtroom the discretion of the Secretary of Health and Human Services according to the Administrative Procedures Act was what came to bear in this part of the act. It sounded right to me.
Clement wants the Justices to define what coercive was with this law because the capacity the Secretary has is to withhold 100% of the Medicaid matching funds if here is no compliance with 133% of the poverty level.
The relief to the law for the Secretary to rely on is a person 100% of the poverty line and above can obtain insurance through the exchanges. Whether that is realistic or not is another question for the Secretary to answer before the policies in this portion of the law is administered to the states.
