The USG merits brief on Medicaid was filed yesterday. As I’ve said before, this is the constitutional issues that has received less press than the MCP, but may actually have a greater chance of hurting the ACA. Two quick points:
1. The USG makes a severability argument on Medicaid for the first time (at 52).
2. The brief accurately describes some of the history of prior amendments in Medicaid, correcting some of the errors in the States’ brief.
Amicus briefs filing in support of the USG are due on Friday Feb. 17. I’ll be filing one on behalf of health law & policy scholars. Let me know if you’d like to see the brief in advance to evaluate whether you’d like to sign on.