South Dakota v. Dole

• Jonathan Zasloff
• June 28, 2012

Conditional Spending and the Clean Air Act

Ann suggests that Chief Justice Roberts’ opinion today in Sebelius might open up the Clean Air Act to new challenges.  That seems right, but it also seems to me that there are two key differences between Medicaid and the CAA/Highway Spending nexus. 1)   Medicaid is an entitlement program; in other words, federal money flows more …

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