Commonwealth Fund January 12, 2021
Sara Rosenbaum

Toplines

The Biden administration will likely oppose the Trump administration’s Supreme Court appeal of two cases concerning the legality of Medicaid work requirement experiments

Although the Court may have an interest in ruling on the legal limits of Section 1115 waiver powers, no lower courts has ruled on such broad grounds and the new administration does not intend to defend the use of such powers

In a move that surprised many, the U.S. Supreme Court announced in December that it will hear appeals from the Trump administration in Azar v. Gresham and Azar v. Philbrick. These cases concern the legality of approvals by the U.S. Department of Health and Human Services (HHS) of Section 1115 Medicaid work experiments in Arkansas...

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