At a minimum, it will deprive Medicaid recipients in South Carolina of their only meaningful way of enforcing a right that Congress has expressly granted to them.
Ketanji Brown Jackson: “At a minimum, it will deprive Medicaid recipients in South Carolina of their only meaningful way of enforcing a right…”
Editor's note · Context
Jackson argues that the court's ruling harms Medicaid recipients' rights.
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The Court’s disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful.
It feels to me like the defendants ... are bringing it back to federal court before the state courts have really had a chance to sort out who is the source, what is their allegation with respect to how this causation is happening.
Taking its eye off the ball, the majority misses the Government’s actual objective: to secure our imprimatur for its effort to foment chaos ahead of the November elections.
To be sure, the Court has not foreclosed States from challenging this blatantly unconstitutional Order.