February 22, 2021
At 9:12 p.m.
Elizabeth Prelogar is now the attorney representing President Joe Biden and defended in court in 2016. (Art Lien)
Ministry of Justice Ask the Supreme Court On Monday, the argument over the legality of the Medicaid job requirements for next month was cancelled. Former President Donald Trump advocated this policy, but the Biden administration has now withdrawn it. However, one of the states seeking to implement the policy quickly opposed the federal government’s request and told the justice that the dispute was not disputed and should continue to be heard.
If the justice agrees to this request, this will be the third dismissed case in this case due to the new government’s policy changes.Earlier this month, the court Cancelled arguments on two immigration issues –Trump’s Ways to fund his border wall And his “Remain in Mexico” policy for asylum seekers -After President Biden’s policy abandonment was challenged.
Biden’s senior health officials have also begun a controversial health care plan that encourages states to require certain Medicaid recipients to work to maintain their health. Among the states that received approval from the Trump administration to impose work requirements were Arkansas and New Hampshire, but the District Court judge and the U.S. District of Columbia Circuit Court of Appeals declared these approvals invalid because they believed that doing so would undermine the purpose of Medicaid. . The plan provides insurance for 77 million Americans.
The Trump administration and the two countries asked the Supreme Court to review the issue, and in December, the justices Agree to do so In the two combined cases, it is now called Cochran v Gresham with Arkansas v Gresham.The Trump administration submitted its briefly On January 19, the day before Trump’s departure, he defended the Medicaid work request. The oral debate is scheduled for March 29th.
Biden’s attorney Elizabeth Prelogar told the justices in a seven-page motion on Monday that such arguments are no longer necessary. Prelogar wrote that the Biden administration has “preliminarily determined” that the job requirements do not meet the goals of the Medicaid program. The Department of Health and Human Services has cancelled a Trump-era letter that clarified the legal basis for the policy and has notified the states that it may withdraw their approval. In addition, Prelogar pointed out that the policy has actually expired at least until now. This is partly due to the COVID-19 Relief Act, in which states will receive additional Medicaid funding if they do not impose any new eligibility restrictions on safety net programs. Every state in the country accepted the deal.
In light of what she said “the situation has changed drastically,” Prelogar asked the justices to cancel the argument and reverse the two DC Circuit rulings that the Supreme Court is reviewing. Prelogar said these cases should be sent back to HHS so that agency officials can re-evaluate the Arkansas and New Hampshire proposals.
Medicaid recipients who question whether the job requirements are legal have agreed to the Department of Justice requirements. Prelogar told the justices that New Hampshire “takes no position” on the request.
However, Arkansas proposed briefly The request was opposed on Monday night. The state pointed out that the Biden administration has not formally revoked the policy that allowed Medicaid work requirements-it just made a “preliminary” judgment on the incompleteness of the policy.
The state of Arkansas said in its briefing: “The initial recommendation to withdraw the agency’s actions does not mean to challenge or defend it.”
Therefore, the state argues that the dispute is still a controversial dispute and continues to raise an important legal issue for the Supreme Court to resolve: the scope of the federal government’s authority to allow states to formulate medical assistance policies.