Berman on the Unconstitutionality of the ACA’s Medicaid Provisions

Over at Balkinization, University of Texas law professor Mitch Berman has an elegant post explaining why he thinks the Medicaid provisions of the Affordable Care Act are unconstitutional. Put as briefly as possible, he argues that the states are not being compelled to accept and spend the money, but they are being coerced, and this coercion is unconstitutional because the states otherwise have a right not to be commandeered by the federal government. But a one-sentence summation doesn’t do justice to the argument so if you are interested you should read the whole thing. You can find responses to, and a followup by, Berman at Balkinization’s main page.

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