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To: Hunton Peck

Abbott will appeal, and win. There is nothing the feds can make a state do if a state chooses to fund, or not to fund with exclusively state resources. However, if the state’s resources are co-mingled with fed resources, then the feds have some say so.


11 posted on 04/30/2012 11:40:30 AM PDT by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
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To: harpu

“However, if the state’s resources are co-mingled with fed resources, then the feds have some say so.”

I think this is the key to the ruling. Most likely there is some federal funding co-mingled in with the state money and some Congressional mandated spending requirements. How this raises to the level of “unconstitutional” though is beyond me. The problem with the states accepting federal funds is that once they do, no matter if they refuse the funds later on, they must continue with the federally mandated spending in some cases. Texas may not win the appeal if this is true.


12 posted on 04/30/2012 12:23:22 PM PDT by trapped_in_LA
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