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

Authors
Brian Weatherson
University of Michigan, Ann Arbor
Ishani Maitra
University of Michigan, Ann Arbor
Abstract
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
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

Personal Identity: Practical or Metaphysical?Caroline West - 2008 - In Catriona Mackenzie & Kim Atkins (eds.), Practical Identity and Narrative Agency. Routledge.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

The Role of Parameters in Bar Rule and Bar Induction.Michael Rathjen - 1991 - Journal of Symbolic Logic 56 (2):715-730.
Rawlsian Justice and a Human Right to Health Care.John C. Moskop - 1983 - Journal of Medicine and Philosophy 8 (4):329-338.
Just Caring About Women's and Children's Health: Some Feminist Perspectives.Rosemarie Tong - 2001 - Journal of Medicine and Philosophy 26 (2):147 – 162.

Analytics

Added to PP index
2013-06-13

Total views
89 ( #131,037 of 2,507,021 )

Recent downloads (6 months)
11 ( #68,194 of 2,507,021 )

How can I increase my downloads?

Downloads

My notes