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27 Mar 2012, 4:05 am by Marty Lederman
While most everyone’s attention understandably has been focused on the constitutional challenge to the insurance-maintenance provision of the ACA being argued in Court this morning, the other substantive challenge before the Court this week—namely, the argument by the 26 plaintiff States that Congress’s manner of expanding Medicaid eligibility in the ACA is unconstitutional (being argued tomorrow afternoon)—has mostly slipped under the radar. [read post]