Routledge, 2014
I. Glenn Cohen (Petrie-Flom Faculty Co-Director)

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In The Affordable Care Act Decision: Philosophical and Legal Implications, Fritz Allhoff and Mark Hall, eds.

In this book chapter on the ACA decision, NFIB v. Sebelius, I focus on the Court's holding that the Medicaid expansion was unconstitutional. I ask by what theory is the Medicaid expansion coercive, and even if coercive, by what theory is it coercive in a problematic way that justifies constitutional redress?

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