Scalia mocks health care law ‘Cornhusker Kickback’ provision—that no longer exists [View all]

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Conservative Justice Antonin Scalia suggested on Wednesday that the Supreme Court could strike the "Cornhusker Kickback" from President Barack Obama's landmark health care overhaul without having to invalidate the whole law. He was right, in a way: The notorious provision isn't in the law.

The "Cornhusker Kickback" was the derogatory nickname of one of several sweetheart deals designed to ensure that the law had enough votes to pass. Amid a public uproar, lawmakers ultimately stripped the measure from the law.

But no one—not Scalia's eight colleagues on the highest court in the land, not Deputy Solicitor General Edwin Kneedler, there to represent Obama, and not the superstar lawyer challenging the law on behalf of 26 states, Paul Clement—challenged his claim.

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Senate leaders had initially included about $100 million in federal Medicaid assistance for Nebraska as part of what aides said at the time was a plan to secure the support of one of the state's senators, Democrat Ben Nelson. But the ensuing controversy over the sweetheart deal—which saw Republican Senate Minority Leader Mitch McConnell's office coin the term "Cornhusker Kickback"—led even Nelson himself to argue that it be removed. Lawmakers stripped the arrangement from the law, replacing it with a far broader measure helping all states to expand Medicaid.

http://news.yahoo.com/blogs/ticket/scalia-mocks-health-care-law-cornhusker-kickback-provision-205148292.html


There is no 'Cornhusker kickback'
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In this case, Scalia doesn't seem to realize that the so-called "Cornhusker kickback" wasn't included in the Affordable Care Act; it was taken out before passage. Scalia probably heard something about it on Fox News, assumed it was true, and internalized his party's talking points. More than two years later, the conservative justice is still parroting a claim that has no basis in fact -- indeed, he's practically boasting about it during Supreme Court oral arguments.
http://maddowblog.msnbc.msn.com/_news/2012/03/28/10907412-there-is-no-cornhusker-kickback