For the first time in the foundation's history, Texas Public Policy Foundation has filed an amicus curiae (friend of court) brief in the in the 11th U.S. Circuit Court of Appeals and it was accepted. The case - Florida et al v. U.S. Department of Health and Human Services et al, the lawsuit by 26 states – including Texas – challenging the constitutionality of the last year’s federal health care reform law, is that important.
Twenty-six states have joined together to say no to Obamacare and its mandates to states. A big sticking point is the individual mandate - currently in the news as presidential candidate Newt Gingrich has come out on the wrong side of that issue.
The foundation's brief asks the court to hold that the Medicaid expansion provisions are a commandeering of state governments for federal purposes, which is unconstitutional under the Spending Clause. The Patient Protection & Affordable Care Act (ACA) included provisions requiring state governments to cover tens of millions of additional low-income individuals through the Medicaid program.
Here is an explanation of an amicus curiae:
Amicus curiae is a Latin term for “friend of the court.” Persons who are not a party to a particular case may submit amicus curiae briefs with information and analysis that may help the court resolve legal issues in that case. Today is the first time in the 22-year history of the Texas Public Policy Foundation that it has authored such a brief. The appeal is scheduled for June 8.