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29 Jun 2012, 5:26 am by Russ Bensing
  The states argued that this constituted impermissible coercion, but that argument was rejected by the Supreme Cour three years later in South Dakota v. [read post]
28 Jun 2012, 5:19 pm by Jonathan Zasloff
  In contrast, the monies are issue in South Dakota v. [read post]
28 Jun 2012, 8:40 am by Edward A. Fallone
  This strikes me as a fairly reasonable gloss on the case of South Dakota v. [read post]
18 Jun 2012, 6:05 am by Ilya Somin
If that doesn’t happen, the Medicaid case is going to be an extremely important ruling no matter who wins; probably the most important Spending Clause case since the 1930s, or at least since South Dakota v. [read post]
17 Jun 2012, 2:59 am
 The two war veterans from farm states did not fear going where nobody had gone before.My exposure to all of this came when I was in college in South Dakota and was on multiple occasions able to sort of tag along, or hear from McGovern and his staff. [read post]
27 Mar 2012, 4:05 am by Marty Lederman
Participating States must also comply with various other requirements, including those that protect against waste, fraud, and abuse; those that protect the health and safety, and the privacy, of Medicaid beneficiaries; those that ensure that the States adequately accomplish the goals of the program (see the recent decision in Douglas v. [read post]
22 Mar 2012, 9:02 pm by Lyle Denniston
  The Steward Machine comment was picked up by the Supreme Court 50 years later when the Court, in the case of South Dakota v. [read post]
26 Dec 2011, 9:28 pm by Lyle Denniston
This is one of a continuing series of articles the blog has been publishing in recent weeks, explaining more fully the new federal health care law, and the Supreme Court’s review of the constitutionality of key parts of the law. [read post]
9 Dec 2011, 10:26 am by Nicole Huberfeld
  When Chief Justice Rehnquist authored South Dakota v. [read post]
14 Nov 2011, 1:18 pm by Calvin Massey
  The question squarely presented in that grant is whether the Medicaid expansion that is part of the optimistically named "Affordable Care Act" is void because it is coercive, under the framework established by South Dakota v. [read post]
10 Nov 2011, 7:10 pm by Kiera Flynn
Sebelius  Docket: 11-400 Issue: (1) Whether Congress exceeds its enumerated powers and violate basic principles of federalism when it coerces states into accepting onerous conditions that it could not impose directly by threatening to withhold all federal funding under the single largest grant-in-aid program, or whether the limitation on Congress‘s spending power that this Court recognized in South Dakota v. [read post]
2 Aug 2011, 4:59 pm by David Kopel
Regarding conditional federal grants, in 1987 in South Dakota v. [read post]