Bloomberg Law  |  March 19, 2021

The Justice Department said the appeals court decisions should be scrapped because they create uncertainty over the scope of authority the Health and Human Services secretary has to test new policies for the Medicaid program. That question over the extent of agency power could be an enticing question some of the justices on the high court want to ultimately resolve. “One possibility for the delay is there is a division,” said Katie Keith, a health law professor at Georgetown University. “They may be trying to decide what to do with that motion.”

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