If Monday's oral argument on jurisdictional issues was the appetizer and yesterday's argument on the individual mandate was the main course, today's issue -- whether the health care law unconstitutionally coerces states into accepting an undue expansion of Medicaid coverage dsigned to fit federal requirements-- is the dessert, and a very rich one, at that. The National Law Journal (sub. req.) says it's a "sleeper issue":
The Court's decision to take up the Medicaid issue was an "unsettling surprise," said Doug Kendall, president of the Constitutional Accountability Center, which filed a brief in favor of the Medicaid expansion for a group of legislators from all 50 states. If the Court accepts Clement's invitation to throw out the Medicaid part of the law, the entire statute could be threatened, Kendall said, making the March 28 argument possibly the one that "matters the most."