Supreme Court Justice Elena Kagan defended an element of Obamacare today by arguing that “It’s just a boatload of federal money for you to take and spend” and concluding “It doesn’t sound coercive to me.”

Kagan made her comments at today’s Supreme Court hearing while questioning attorney Paul D. Clement who was presenting an oral argument on behalf of 26 states seeking to have the federal health care law declared unconstitutional:

Mr. Clement: “Mr. Chief Justice and may it please the court.  The constitutionality of the act’s massive expansion of Medicaid depends on the answer to two related questions.  First, is the expansion coercive?  And second, does that coercion matter?”

Justice Kagan: “Mr. Clement, can I ask you as just a matter of clarification; would you be making the same argument if, instead of the federal government picking up ninety percent of the cost, the federal government picked a hundred percent of the cost?”

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