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Is the DRA Constitutional?

NSCLC Website<- Areas of Expertise<- Medicaid<- The Deficit Reduction Act of 2005<- Is the DRA Constitutional?
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There is no question that the DRA will harm potentially millions of people in need of Medicaid coverage, but Medicaid beneficiaries were not the only ones targeted by the DRA. The ability of grandparents to receive federal and state assistance for the care of their abused or neglected grandchildren was curtailed by the DRA, while the law also forces student loan borrowers to deal with higher interest rates on their loans. But in addition to this harm, there is actually a more fundamental issue facing the DRA: is it constitutional?

  • House Democrats Lose DRA challenge PDF document — 29 KB
  • The federal district court in Detroit has dismissed the suit filed by 11 members of the U.S. House of Representatives challenging the constitutionality of the Deficit Reduction Act of 2005. ...
  • Constitutional Issues Surrounding the DRA
  • It is unclear that the Deficit Reduction Act passed both chambers of Congress before becoming a law. Read more about the controversy....
  • Lawsuits Challenging the DRA
  • Several lawsuits challenging the constitutionality of the DRA have been filed....
  • Alabama Elder Law Attorney Takes on DRA PDF document — 86 KB
  • Alabama attorney Jim Zeigler filed the first suit against the federal government over the Deficit Reduction Act. Zeigler asserts that, because the law was not passed in accordance with constitutionall...
  • Public Citizen Takes on the DRA PDF document — 32 KB
  • Read about Public Citizen's lawsuit challenging the Deficit Reduction Act. The group objected to the increase in civil action filing fees mandated by Section 10001 of the DRA. Read the complaint in th...
  • House Democrats Challenge DRA PDF document — 291 KB
  • Eleven house democrats filed a suit in the Eastern District of Michigan challenging the DRA. The Democrats assert in their complaint that because the DRA did not actually pass both Houses of Congress,...