Democratic Federal Judges are Scary

For anybody would like to understand the difference between activist judges and constitutional judge the recent ruling from the 11th circuit is a great illustration.

Requesting a reinstatement of the waiver from the Obamacare expanded Medicaid rules, Indiana wanted to reinstate its requirement that abled body participants work to retain their Medicaid coverage.

However, the Democratic appointed 11th Circuit Chief Judge James Boasberg decided that any waiver that reduces the number of participants would disqualify the waiver.:

“the relevant question” under federal law is “whether the [waiver] will increase coverage as compared to expanded Medicaid with no waivers.” 

“[I]t is not even clear that Indiana could de-expand Medicaid if it wanted to.”

Directly contradicts Obama 2012 guidance that said states can enter or exit Medicaid expansion at their discretion

No basis from  2012 Supreme Court ruling that made Medicaid expansion optional in the first place

https://thefederalist.com/2024/08/20/sneaky-court-ruling-could-lock-states-into-health-welfare-for-able-bodied-adults/

https://x.com/optimistcskeptc/status/1825883762707554714?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A