FGA Amicus Curiae Brief in Support of Missouri Court’s Ruling Striking Down the Medicaid Expansion Amendment as Unconstitutional

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On July 7, 2021, the Foundation for Government Accountability (FGA) filed an amicus curiae brief with the Supreme Court of Missouri in support of the lower court’s ruling that the Medicaid Expansion Amendment violates Missouri’s Constitution.

In the brief, FGA explains that the ballot initiative that narrowly passed last fall violates Article III Section 51 of the Missouri Constitution as it failed to provide a source of funding to pay for its massive cost. FGA also argues that the large, unanticipated costs associated with Medicaid expansion demand a valid source of funding upfront to avoid decimating the State’s budget.

FGA ends the brief by warning the Court that allowing this unconstitutional amendment to survive would transform Missouri’s initiative process into a mechanism for well-funded special interest groups to use to avoid the legislative process crippling the State’s budget while undermining the separation of powers enshrined in the Missouri Constitution.