CHARLES CONDON: The 11th Circuit Can Put An End To Political Lawfare

Although the previous administration has ended, its regulatory approach remains, harming seniors, American businesses, and the economy. The Trump administration has worked to reverse some of those policies at a rapid pace, but change does not come from the executive branch alone. The courts also play a vital role.

In recent weeks, the 11th Circuit Court of Appeals heard arguments in a case that could overturn one of the Biden administration’s ugliest policies: using the levers of federal power to punish political opponents. Florida is challenging the Centers for Medicare & Medicaid Services (CMS) over a sudden reinterpretation of Medicaid rules and shining a light on the seeming doublestandard that led CMS to cut off funding for vulnerable patients in red states while permitting blue states to move forward with gender affirmation operations.

As National Review has reported, the Biden administration suddenly dusted off obscure Medicaid rules and began imposing new restrictions on Medicaid dollars.

For decades, in both red and blue states, long-standing financing arrangements helped hospitals optimize the resources that support the mission of caring for vulnerable patients. Then, without warning, CMS declared those arrangements illegal. The result: red states like Florida, Texas, and Missouri were punished, while blue states like California got a free pass.

Per NRO’s reporting, e-mails obtained through the Freedom of Information Act (FOIA) reveal that CMS made these decisions at the same time consultants were pressing the agency to cut off federal funding to states like Florida. One email even suggested this was done to pressure them into curbing conservative immigration enforcement policies.