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Full-Text Articles in Law
The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher
The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher
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No abstract provided.
Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher
Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher
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No abstract provided.
Nfib V. Sebelius: Proportionality In The Exercise Of Congressional Power, David Orentlicher
Nfib V. Sebelius: Proportionality In The Exercise Of Congressional Power, David Orentlicher
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With its opinion on the constitutionality of the Affordable Care Act (ACA), the U.S. Supreme Court sparked much discussion regarding the implications of the case for other federal statutes. In particular, scholars have debated the significance of the Court's recognition of an anticoercion limit to the Spending Clause power.
When it recognized an anticoercion limit for the ACA's Medicaid expansion, the Court left considerable uncertainty as to the parameters of that limit. This essay sketches out one valuable and very plausible interpretation of the Court's new anticoercion principle. It also indicates how this new principle can address a long-standing problem …