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POPSCATRON: Supremes About to Decide Which Obamacare Cases Make the Cut
And, while obviously pleased that mandate was struck down, the plaintiffs also want the decision reviewed because they believe the Eleventh Circuit should have followed the lower court's lead in striking down the entire law pursuant to its lack of a severability clause. In addition, they also think the appeals court gave short shrift to their "commandeering" claim. The "commandeering" issue arises from Obamacare's dramatic expansion of Medicaid eligibility. The basic argument made by the plaintiffs is that the fiscal pressure associated with that expansion is so coercive that it is, in effect, an unconstitutional "commandeering" of the states. David Kopel, who teaches Advanced Constitutional Law at Denver University, explains it thus: "Under Obamacare, states must either: (1) Drastically expand Medicaid eligibility, thus setting themselves on the road to long-term fiscal ruin; or (2) Be punished with a complete cut-off of all Medicaid funds, thus forcing the states ...
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