Tuesday, November 1, 2011

Center for Constitutional Jurisprudence files amicus brief

The Center for Constitutional Jurisprudence, the Pacific Legal Foundation, and Matt Sissel have jointly filed a cert stage amicus curiae brief in Florida v. HHS (No. 11-400). The brief only addresses the question whether the ACA's Medicaid amendments exceed Congress's spending power (by coercing the states to expand their coverage). Specifically, it argues that the case "presents the opportunity to reaffirm that the Spending Clause, like the Commerce Clause, has outer limits," and that "[t]he coercion prong of the Dole Spending Clause analysis must be given effect." Counsel of record is John Eastman, a constitutional law professor at Chapman University School of Law. Former Attorney General Edwin Meese III is also on the brief.

You can access the brief here.