“More than any other case he’s faced so far, the Affordable Care Act litigation will define John Roberts’s tenure and legacy,” said Doug Kendall, president of the Washington- based Constitutional Accountability Center, which supports the law.
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On March 28, 2012, CAC's Elizabeth Wydra recapped Day 3 of the ACA oral arguments at the Supreme Court on Fox Business.
The Supreme Court battle could change the relationship between the federal government and the states.
CAC's Elizabeth Wydra recaps ACA Day 3 -- Severability
"It's long been established by the Supreme Court that Congress can attach conditions to federal funds that it gives the states," says Elizabeth Wydra of the Constitutional Accountability Center, a liberal think tank. "States can follow the requirements ... or they can opt out of receiving the funds altogether."
"The chances for an adverse ruling [on the Medicaid measure] are lower but the stakes are higher," says Doug Kendall of the Constitution Accountability Center. "The stakes are higher because if the court does find coercion in this expansion of Medicaid, than a lot of other previous and future expansions of Medicaid are at risk."
Liberal groups struck a more subdued note but Elizabeth Wydra, a lawyer for 500 state legislators who support the reforms, said that conservatives had yet to lock down the votes of either Justice Kennedy or Chief Justice John Roberts.
"I still see a way to gather a majority for upholding the constitutionality of the mandate and I think that the conservative can count on three justices but I don't think they can count beyond that," she said.
CAC's Wydra talks Medicaid expansion in the Affordable Care Act on NY1.