[Spivak]

You're making a thing that's grey out to be black and white. You can impose conditions on money that is deemed by a court to actually be feasible to decline which is why medicaid expansion was ruled constitutional but tying those conditions to medicaid funding in its entirety would have likely been slapped down based on the opinions after the case.

And with this court who has an axe to grind with expansion of federal power I expect the bar is much lower now.