Washington Lawyer - January/February 2025 - 33

TAKING THE STAND
were required (or willing) to make POWER account
contributions " - those with income up
to 133 percent of the federal poverty level -
" will no longer have that option. "
It is not ideal, but it is necessarily a pragmatic
notion of what serves the objectives of the
waiver program in the aftermath of Sebelius.
Shouldn't the secretary have the discretion to
make that call when Congress specifically approved
waivers of the rules to experiment
with different approaches?
For purposes of the appeal of Rose v. Becerra,
I offer the D.C. Circuit a different test than the
one proffered by Judge Boasberg. I would
allow the secretary to approve a section 1115
waiver of the ordinary Medicaid rules if he or
she follows the procedural rules and makes
the following findings:
1. The requirements in the waiver are not a
pretext for exclusion and the state proffers
SPECIAL SECTION
continued from page 31
wonderful. The freedom to have open dialogues with other cultures,
other races, and sexes is invaluable because it makes us better at what
we do because now we have a better understanding. "
CONNECTIONS & INSPIRATION
Also part of the Portugal group was Kenya Rothstein, an environmental
attorney barred in Washington, D.C., and California. The Portugal trip was
Rothstein's first to the country, traveling there with her mother.
" I didn't know what to expect from the trip, but it far exceeded my expectations, "
she says. " If I had planned it myself, I would not have done half
the things that we were able to do. The learning aspect was the highlight
for me. We [explored] so many different topics related to Portugal. "
Rothstein also enjoyed the CLE talks about Portuguese constitutional law
confronting corruption in the public sector and on women in the law. " I
definitely feel more well-rounded and more connected to the D.C. Bar, "
Rothstein says. " The networking aspect was really big on this trip and
something that I was not expecting. "
Rigsby also recognizes the value of interactions with other professionals
in other cultures. " We do not have to do CLEs as judges, " he explains. " The
cultural exchange makes you a better person. And for me, it makes me a
better husband, father, and judge. Traveling abroad gives you the ability
and the freedom to look at things differently. "
After experiencing a new culture and country, Rothstein says she came
back from the Portugal trip inspired. " I would not stop talking about the
trip for quite some time after I got back home, " she says.
The D.C. Bar's
second CLE
Abroad trip took
participants to
Portugal. The
group is pictured
here in front
of the country's
Constitutional
Court in Lisbon.
Visser describes her CLE Abroad experience as " amazing and enriching. "
" It reminded me of those great experiences that you have as you're going
through your educational journey. And sometimes we lose those, "
she says. " After we graduate, we start working. We get down in the
weeds and sort of forget about the wonder of just learning. And that's
what I loved about it. "
Reach D.C. Bar staff writer John Murph at jmurph@dcbar.org.
On October 16-22, 2025, join the D.C. Bar at its next CLE Abroad
destination - Ireland. Visit www.cle-abroad.com/trip/dc for details.
a defensible rationale that the requirements
serve an important, health-related
state interest;
2. The state explicitly articulates its interests
and ties them directly to the articulated
goals;
3. The requirements are not so burdensome
that they will result in a significant percentage
of the expansion population struggling
with compliance and losing coverage;
and
4. The state promises to audit and release the
results on the impact of its policies and
only request extensions for those policies
where it can demonstrate that the value of
the health impact outweighs the exclusion
of some eligible participants.
My differences with Judge Boasberg do not
stem from any fundamental disagreement
with his reasoning, his goals, or (definitely
not) his citations of Taylor Swift. They emanate
from my experience advocating in multiple
red states and my concern that his narrow
reading of the Medicaid program's
objectives in a world where covering the expansion
population is optional could unintentionally
result in the loss of coverage for
thousands of people in numerous states.
I want a country where everyone has health
coverage. I believe it to be fundamental to
the dignity of every human being. Unfortunately,
we are not there yet, and thus we
must be pragmatic in our waiver policies. I
urge the D.C. Circuit to " shake off " the lyrical
persuasiveness of Judge Boasberg and " begin
again " with a different test on what constitutes
a lawful section 1115 waiver.
Peter Leibold, an inactive member of the D.C.
Bar, is former CEO of the American Health Law
Association and served as an advocate for
Catholic health care for more than 10 years.
JANUARY/FEBRUARY 2025 * WASHINGTON LAWYER 33
http://www.cle-abroad.com/trip/dc
Washington Lawyer - January/February 2025

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