Boston University School of Law

Brief of Amici Curiae
Health Law & Policy Scholars and
Prescription Policy Choices
in Support of Respondents
on the Constitutional Validity
of the Medicaid Expansion
State of Florida, et al.
Department of Health and Human Services, et al.

Boston University School of Law Working Paper 12-27
(May 22, 2012)

Kevin Outterson
Boston University School of Law

Laura Hermer
University of Texas

Nicole Huberfeld
University of Kentucky

Elizabeth Weeks Leonard
University of Georgia

Sara Rosenbaum
George Washington University

Sidney D. Watson
Saint Louis University



The Medicaid expansion in Section 2001(a)(1)(C) of the Patient Protection and Affordable Care Act is one part of Congress’s comprehensive effort to expand access to health care coverage. This expansion is not revolutionary, but builds on many prior statutory amendments to Medicaid. Nor does it alter the voluntary nature of the Medicaid program – as before, States remain free to decline federal funding. The Petitioners and their amici have mischaracterized the expansion to obscure these facts, hoping this Court will unravel this hard-fought legislative enactment.

The question presented is whether Congress may offer States generous additional funding for Medicaid, with spending conditions that entirely satisfy the four-part test in South Dakota v. Dole, 483 U.S. 203 (1987).

Size 180 KB

Adobe Acrobat Reader v3.01 or greater is required to view this paper.
To obtain a free copy, click the button below

Kevin Outterson Contact Information

Boston University School of Law
765 Commonwealth Ave
Boston, MA 02215 USA
Phone: (617) 353-3103

Laura Hermer Contact Information

Nicole Huberfeld Contact Information

Elizabeth Weeks Leonard Contact Information

Sara Rosenbaum Contact Information

Sidney D. Watson Contact Information

This draft can be also found at the link below: