Cornhusker Kickback and the opt in/out shuffle

Cornhusker Kickback and the opt in/out shuffle

by digby

Speaking of Senator Nelson, remember when everyone was shocked when Justice Scalia referred to the “Cornhusker Kickback” which wasn’t in the legislation?

JUSTICE SCALIA: All right. The consequence of your proposition, would Congress have enacted it without this provision, okay that’s the consequence.

That would mean that if we struck down nothing in this legislation but the — what you call the corn husker kickback, okay, we find that to violate the constitutional proscription of venality, okay?

The Cornhusker Kickback was supposed to give Nebraska 100% federal funding for Medicaid forever in return for Nelson’s vote. He ended up there when he couldn’t get enough votes for his preferred “opt-in” on the Medicaid expansion. Ironically, Justice Roberts and the majority, by allowing the states to “opt-out” without suffering any penalty, accomplished what Senator Nelson couldn’t.

It probably means nothing, but it makes you wonder what these guys were talking about among themselves doesn’t it?

.