Prelogar asked the justices to consider throwing out the pending cases altogether.
Biden, a Democrat, succeeded Trump, a Republican, on Jan. 20. Under Biden, the same department made a preliminary finding that work requirements would be inconsistent with the objectives of Medicaid, which provides medical insurance for the poor, Prelogar told the court.
The justices in December agreed to hear Trump administration appeals of rulings by a lower court that deemed the work requirement programs unlawful. The lower court noted that about a quarter of the people subject to the requirement lost their Medicaid coverage in the first five months after the Arkansas work requirement was implemented.
The Supreme Court on February 3 cancelled oral arguments in two other cases after the Biden administration changed course from Trump policies. Both were appeals by Trump's administration — one defending his funding of the US-Mexico border wall and the other defending his so-called “remain in Mexico” asylum policy.
Trump in 2019 redirected $2.5 billion from military counter-narcotics programs for border wall construction in California, New Mexico and Arizona. Biden issued a proclamation on his first day in office ordering a freeze on border wall projects and directing a review of the legality of its funding and contracting methods.
The “remain in Mexico” policy has forced tens of thousands of migrants to wait in Mexico, rather than entering the US, while their asylum claims are processed.
