Texas, Maine, three other states sue government over Medicare

[MaineDem]

AUSTIN — Texas, Maine and three other states sued the U.S. Department of Health and Human Services on Friday, alleging they are being forced to help fund the new Medicare prescription drug program in violation of the Constitution.

In the lawsuit filed in the U.S. Supreme Court, Texas Attorney General Greg Abbott argues states shouldn´t have to relinquish control over how they budget taxpayer dollars to pay for an entirely federal program.

"The federal government has placed what amounts to a direct tax upon Texas and other states in violation of the U.S. Constitution," Abbott said in a statement.

...

The attorneys general of Kentucky, Maine, Missouri and New Jersey joined Abbott in the lawsuit, while 10 other states filed a friend-of-the-court brief supporting their argument.

http://news.mainetoday.com/apwire/D8G4DCU09-61.shtml

[MichiganVote]

1. State educators have made the same argument w/little change

[rodeodance]

3. but i do think Medicare is distincly a Fed program vs nclb??

[MichiganVote]

4. Special Ed. is a federal prog. Always underfunded despite mandates

Same w/ Title I

[MichiganVote]

5. NCLB is also an unfunded mandated federal prog. that states must apply

[Flabbergasted]

2. This is getting funner all the time!

[Judi Lynn]

6. Supreme Court Steps Into Medicare Rx Fight

Supreme Court Steps Into Medicare Rx Fight
By GINA HOLLAND, Associated Press Writer

Saturday, March 4, 2006
(03-04) 01:59 PST WASHINGTON (AP) --

Fifteen states are urging the Supreme Court to take the unusual step of immediately intervening to resolve a dispute between states and the federal government over the costly new Medicare prescription drug program.

Justices were told Friday that states should not be forced to help fund the program, which could cost them billions of dollars over the next two years.

"The federal government has placed what amounts to a direct tax upon Texas and other states in violation of the U.S. Constitution," Texas Attorney General Greg Abbott, the lead attorney in the case, said in a statement.

Traditionally, such lawsuits are filed first in a federal district court.

Texas, Kentucky, Maine, Missouri and New Jersey asked the Supreme Court for permission to file what is called an original case to get the issue directly before the justices.
(snip/...)

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/03/04/national/w015910S99.DTL

[Sgent]

7. There is a difference

States are free to eliminate Title I programs -- and get rid of NCLB as well. Their citizens apparently don't want to go that route.

Coversely, states have to pay 100% of their 2004 state expenditures for Medicaid precription drugs into the federal budget -- forever. This is the "clawback" provision of the drug bill.

If the states didn't offer prescription drugs at that time (prescription drugs are optional under Medicaid), then they would owe nothing.