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View Diary: Medicaid coverage gap will deepen disparities in health (35 comments)

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  •  That's just silly. (1+ / 0-)
    Recommended by:
    VClib

    You can't sue the Supreme Court alleging that you think one of their decisions is wrong.

    The Medicaid situation is because a majority of the Supreme Court (including Justices Kagan and Breyer, IIRC) held that the part of the ACA essentially telling states that if they didn't expand Medicaid, they'd lose all federal funding for their existing Medicaid program, was unconstitutional.  

    You can't sue the Supreme Court because they declared a part of a law to be unconstitutional.  

    If you don't like the ACA as it exists after part of it was determined to be constitutional and part of it was declared to be unconstitutional, the remedy is no longer in the Courts -- the courts have spoken.  The remedy is in the legislative branch of government.  They are the ones who can, if they have the votes, change the federal Medicaid program.  If the votes are not there in Congress, the Constitution does not allow people to sue the SCOTUS because people don't like the results of SCOTUS decisions and because there aren't the votes in Congress to pass laws to fix those bad results.  

    That's how our government is set up in the very Constitution that grants people equal protection under the law.

    •  Uh...must have been unclear...or something... (0+ / 0-)

      ...I don't recall making the assertion that the Supreme Court should be sued, if you thought that's what I meant, well, I must not have been clear enough.

      I wonder if a poor person in a RWNJ-governed state might have an equal protection case against the various governments because they don't get the same access to health care as the people on the other side of the river from them?

      So, let me pose it to you, Counselor, can you image a way to present such a case, and who should it be against?

      I'm not being a smart-ass (even tho I AM one) I just think it seems reasonable that a citizen should have equal access to the benefits of a Federal law that all of us are collectively paying for it thru taxation...

      "Ronald Reagan is DEAD! His policies live on but we're doing something about THAT!"

      by leftykook on Sat Dec 21, 2013 at 10:12:34 AM PST

      [ Parent ]

      •  You could sue to invalidate the Medicaid program (3+ / 0-)
        Recommended by:
        nextstep, Pi Li, VClib

        if you think it's set up in a way that is racially discriminatory.  

        Or you could sue over the Medicaid program to argue that minorities should be treated the same as non-minorities under the program.  But I don't see any evidence that the Medicaid programs, as it is set up at the federal level, is racially discriminatory against minorities.  Nor have I seen any evidence that a particular state program is, in and of itself, discriminatory against minorities.  

        However, nothing in the constitution guarantees that the people in State 1 will have the same benefits under state-funded (at least partially) and state administered programs as the people in State 2.  Our constitution leaves decisions like that to individual states.  If people do not like the way a particular state defines and administers state programs, the remedies are (1) vote the elected officials out of office (if there are enough votes) or, if you are so dissatisfied with the governance of the state that you find that makes everything else intolerable, move.  

        And it is not an equal protection violation for a legislature to decline to pass legislation that would disproportionately benefit minorities.  The Equal Protection clause simply guarantees that the laws that are passed are applied equally to all, regardless of race.  

        If you believe that the people in all states should have the exact same Medicaid benefits, regardless of where they live, then the solution is not through lawsuits, since nothing in the Constitution guarantees that.  The solution is to have the federal government pass legislation so that Medicaid is completely federally-run AND administered AND paid for.  In that way, eligibility and benefits could be decided entirely at the federal level, because -- unlike the current system -- it would be paid for and run entirely by the federal government.  

        That would, of course, make Medicaid even more of a financial burden on the federal budget than it is now.  

        •  Oh you... (2+ / 0-)
          Recommended by:
          coffeetalk, VClib
          That would, of course, make Medicaid even more of a financial burden on the federal budget than it is now.  
          ...you and your cat nip. :)

          Dammit Jim, I'm a lawyer, not a grammarian. So sue me.

          by Pi Li on Sat Dec 21, 2013 at 01:29:43 PM PST

          [ Parent ]

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