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Reason
Reason
Politics
Josh Blackman

Medina v. Planned Parenthood: Abandoning the Abortion "Distortion" Field For Section 1983 and the Spending Clause

Four decades ago, Justice O'Connor observed that the Supreme Court's "abortion decisions ha[d] already worked a major distortion in the Court's constitutional jurisprudence." In the wake of Dobbs, the Court is slowly but surely eliminating that distortion field.  Or as I put it, the Court is ending the epicycles of Roe.

Medina v. Planned Parenthood continues that effort.

Medicaid is a conditional spending program. The federal government gives money to the states with certain conditions. If the states do not comply with those conditions, the federal government can sue the states or withdraw the funding or do nothing at all. Conversely, if the states object to how the conditions are being enforced, the states can sue the federal government. Cases like South Dakota v. Dole and NFIB v. Sebelius illustrate how these principles work. (Justice Gorsuch's majority opinion provides a very readable survey of this caselaw.)

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