ACA Lawlessness Plagues the States

Cato Regulation Magazine, Spring 2015

4 Pages Posted: 9 Feb 2017

Date Written: March 1, 2015


Abusing the legislative process has become a routine part of the Affordable Care Act’s rollout. Since it was signed in 2010, the Obama Administration has delayed, waived, or otherwise ignored key provisions of the Act over two dozen times. Flouting Congress’s distinct directives and precise deadlines, the President has decreed these changes by press conference, unilaterally altering the law to suit the expediency of the moment.

Little has been said, however, about an equally alarming trend: the ACA’s epidemic of lawlessness is spreading to the states. This is especially evident in states that have expanded – or are considering expanding – their Medicaid programs pursuant to the ACA. Governors across the country are employing drastic measures to adopt the ACA within their borders, often ignoring the will of their legislatures, and ditching constitutional constraints on their power. Perhaps surprisingly, governors of red states have been among the worst abusers of the rule of law.

Keywords: ACA, PPACA, Affordable Care Act, Medicaid expansion, Medicaid, federalism, Biggs v. Brewer

Suggested Citation

Sandefur, Christina, ACA Lawlessness Plagues the States (March 1, 2015). Cato Regulation Magazine, Spring 2015, Available at SSRN:

Christina Sandefur (Contact Author)

Goldwater Institute ( email )

500 E. Coronado Rd.
Phoenix, AZ 85004
United States


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