Reframing Federalism: The Affordable Care Act (and Broccoli) in the Supreme Court
367 New England Journal of Medicine 1154 (2012)
Posted: 23 Mar 2013 Last revised: 6 May 2013
Date Written: September 10, 2012
The three opinions of the US Supreme Court Justices in NFIB v. Sebelius, upholding the Affordable Care Act while making the Medicaid expansion optional for states, present strikingly different views of the authority of the federal government in relation to individuals and to the states. This article briefly analyzes these views, as well as the unanswered questions raised by the opinions.
The paper is to be found on the New England Journal Medicine site.
Keywords: Affordable Care Act, Federalism, NFIB. Sebelius
Suggested Citation: Suggested Citation