Humetewa also rejected Brnovich’s contention that the sheer size of the proffered funds from the feds — $4.7 billion — amounted to illegal coercion given that the state’s total annual budget is only about $12.4 billion.
But in this case, Humetewa said, there was no gray area. There’s also the practical side, she said. “Explaining every possible way in which a condition might be violated … would prove too onerous, and perhaps, impossible.”
“Congress … made the existence of the condition upon which Arizona could accept funds explicitly obvious,” she said. “That Arizona was unsure of every factual instance of possible noncompliance does not amount to a violation of Congress’ duty.” “Congress is not required to make known every way in which states may violate a condition on the receipt of the funds,” the judge wrote. She said the only requirement is that the statute “provide clear notice to states that they, by accepting funds under the Act, would indeed be obligated to comply with the conditions.”
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