Public Affairs Quarterly 27 (3):267-288 (2013)

Brian Weatherson
University of Michigan, Ann Arbor
Ishani Maitra
University of Michigan, Ann Arbor
The only part of the Patient Protection and Affordable Care Act (hereafter, ‘the ACA’) struck down in National Federation of Independent Business (NFIB) et al. v. Sebelius, Secretary of Health and Human Services, et al. was a provision expanding Medicaid. We will argue that this was a mistake; the provision should not have been struck down. We’ll do this by identifying a test that C.J. Roberts used to justify his view that this provision was unconstitutional. We’ll defend that test against some objections raised by J. Ginsburg. We’ll then go on to argue that, properly applied, that test establishes the constitutionality of the Medicaid provision
Keywords Medicaid  ACA  Coercion
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Personal Identity: Practical or Metaphysical?Caroline West - 2008 - In Catriona Mackenzie & Kim Atkins (eds.), Practical Identity and Narrative Agency. Routledge.

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