Consejo De Salud Playa De Ponce v. Secretary of Health

ORDER

GUSTAVO A. GELPÍ, District Judge.

The Commonwealth of Puerto Rico, as well as plaintiff Consejo de Salud Playa de Ponce, have both moved to withdraw their constitutional challenges to the Medicaid Wraparound statute, 42 U.S.C. § 1396a(b), as applied to Puerto Rico, and the Medicaid territorial cap, 42 U.S.C. § 1308. (See Docket Nos. 562 and 567).

The parties do not move to vacate the Court’s earlier ruling to the effect that the United States Constitutional guarantees apply fully to the Commonwealth, following more than a century of gradual, yet significant, incorporation of the island and…