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Obamacaid Revisited: Against Balance
Federalism's balance? Forget it. A few weeks ago, I took issue with the PPACA plaintiffs’ contention that the statute impermissibly “coerces” states to participate in a massive expansion of Medicaid....
View ArticleObamacaid’s Constitutional Poison
The government’s reply brief on Obamacare’s Medicaid expansion (“Obamacaid”) provides a competent, confident defense of the statute. It also provides occasion to revisit the parties’ positions one more...
View ArticleObamaCare and Medicaid: Yet More Pre-Argument Argument
Part 1: The War Among the States All the briefs on ObamaCare’s gargantuan Medicaid expansion are in. I have dealt with the constitutional questions here and here. Today and tomorrow, a few remarks on...
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Corporate Conscripts
The syllogism used to run as follows. The state should provide good things. X is a good thing. Therefore, the state should provide X. This is fraught with problems, to be sure—but it is also clear,...
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