Supreme Court's Medicaid Exploitation Gambit | Professor Timothy Jost #MajorityReport

Emeritus professor at Washington Lee University Law School Timothy Jost joins the program to discuss Health and Hospital Corporation of Marion County v. Talevski. This case could halt civil rights lawsuits from nursing home patients.

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We are back. Sam Seder on The Majority Report here with Emma Vigeland. It is a pleasure to welcome you back to the program Timothy Jost. He's the Emeritus professor at Washington Lee University Law School. Professor welcome back. I was just mentioning before we got on air the last time I think we spoke was next door I think was in the old post office next to the Supreme Court when the major ACA case I think it was sabella's I can't remember exactly who what the the the specific plaintiff. indeed. and that was the one where at the time we were talking about the idea one of the elements of the case was talking about the idea that somehow the federal government could not expand Medicaid. and just about everyone I spoke to on that day, I think including you thought it was almost impossible to imagine that the court could find that element of the law unconstitutional. there may be other things that they and of course they did. and it is with that in mind that I wanted to start this conversation with you. because I think it has become clearer and clearer that the Supreme Court is going to do what it wants. regardless of being Tethered to sort of Notions of precedent or just the law or whatnot. Let's talk about this case: Health and Hospital Corp versus televsky. What are the facts of this case and then what is that issue? yeah, George televsky was an elderly man who was a patient in a nursing home in Indiana. and he was allegedly mistreated by the nursing home. He was overmedicated. He was transferred improperly. discharged improperly. and so he's deceased now. but his estate was sued under a statute called 42 USC 1983. and it's part of the Civil Rights Act of 1871 the Ku Klux Klan act. and what it basically said is if somebody has their constant federal constitutional or statutory rights Abridged under color of state law by a state official they can sue in federal court to redress their rights.