Spend and Regulate

Quick update on Friday’s post, before launching into today’s clueless musings: approximately 10 minutes after I put the blog to bed, the Supreme Court publicly issued its cert grant in American Trucking Ass’n v. Los Angeles. Thanks to occasional contributor Adam J. White for the alert. On to a case argued this past week before the Supreme Court:  Delia v. EMA, presents a Medicaid wrinkle that (if I’m right) poses a constitutional question of considerable import. The justices don’t seem to think so, though. Either they’re wrong, or else I am missing something. The Statute State Medicaid programs will often pay medical expenses for beneficiaries who then seek and obtain recovery from a third…

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