Medicaid ruling and the national drinking age? (user search)
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  Medicaid ruling and the national drinking age? (search mode)
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Author Topic: Medicaid ruling and the national drinking age?  (Read 981 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: August 19, 2012, 07:27:39 PM »

I doubt that the Supreme Court is interested in revisiting South Dakota v. Dole.  It would need to find some reason why a holdback was sufficiently not a burden as to be constitutional in 1987 and yet is now so burdensome as to be unconstitutional.  While it is possible that some other Federal laws that use the power of the purse to persuade the States to do the Federal government's bidding could be overturned, the NMDA Act looks to be safe for now.  At best such a case would cause the 10% holdback be reduced to the 5% it was when the issue was decided in 1987.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: August 21, 2012, 12:59:15 PM »

Not really.  both held that if it these sorts of conditional funding mechanism were too burdensome they would be unconstitutional, but provide no clear guidance on when the threshold would be crossed.
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