Court to consider health care law’s Medicaid mandate

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As part of a broad examination of the federal health care law, the U.S. Supreme Court has agreed to consider whether Congress impermissibly conditioned states’ federal Medicaid funding on the adoption of expanded eligibility and coverage thresholds.

Twenty-six states, as well as a number of organizations, filed suit in federal courts across the country challenging the constitutionality of the Patient Protection and Affordable Care Act, arguing that its individual heath care coverage mandate exceeded Congress’s authority under Article I.

The states also argued that a provision conditioning federal Medicaid money on the adoption of new Medicaid coverage thresholds amounted to coercion, and was therefore beyond Congress’ spending power.

The 11th Circuit ultimately found that the health care law’s individual coverage mandate was unconstitutional, but severable from the rest of the law. But it rejected the states’ Medicaid challenge based on the coercion doctrine.

The states sought certiorari, and the Supreme Court agreed to consider the Medicaid issue.

In separate grants of certiorari, the Court also agreed to decide whether the Anti-Injunction Act bars courts from considering constitutional challenges to the health care law before it goes into effect in 2014, and whether the individual mandate is severable from the rest of the law.

The cases will collectively be considered during 5-½ hours of oral arguments in the spring.

Florida v. Department of Health and Human Services, No. 11-400. Certiorari granted  Nov. 14, 2011. Ruling below: Docket No. 3:10-cv-00091-RV-EMT. (11th Cir. 2011).

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