NFFCMH has joined a diverse coalition of 79 groups in filing an amicus (Friend of the Court) brief in the case of Florida v. HHS.
The brief, filed on February 17, 2012 by the Bazelon Center for Mental Health Law, asserts that the case for overturning the expansion of Medicaid eligibility jeopardizes not just Medicaid, but also a host of other federal programs and antidiscrimination protections that hinge on the Constitution’s “Spending Clause”. The Spending Clause allows Congress to offer states money with conditions to encourage states to participate in joint federal-state efforts to tackle a variety of societal challenges, including safety net services. If the state disagrees with the conditions tied to the federal money, the state can decline the money. “If the Supreme Court holds that this expansion of Medicaid eligibility is unconstitutional, then an array of cooperative federal-state spending programs and antidiscrimination laws could become subject to constitutional challenge”, states Linda D. Kilb, an attorney with the Disability Rights Education & Defense Fund.
The Supreme Court will hear oral arguments March 26 – 28, 2012, with a decision expected in late June or early July.
For more information and a full copy of the amicus brief, please visit www.bazelon.org
