Boston University School of Law

Reframing Federalism: The Affordable Care Act (and Broccoli) in the Supreme Court

Wendy K. Mariner
Boston University School of Public Health, Boston University School of Law,
and Boston University School of Medicine

Leonard H. Glantz
Boston University School of Law; Boston University School of Public Health

George J. Annas
Boston University School of Public Health

367 New England Journal of Medicine 1154 (2012)
Boston University School of Law Working Paper 13-14
(May 6, 2013)

Abstract

The three opinions of the US Supreme Court Justices in NFIB v. Sebelius, upholding the Affordable Care Act while making the Medicaid expansion optional for states, present strikingly different views of the authority of the federal government in relation to individuals and to the states. This article briefly analyzes these views, as well as the unanswered questions raised by the opinions.

Keywords: Affordable Care Act, Federalism, NFIB. Sebelius

Accepted Paper Series




This paper is in abstract only on this site and at SSRN and should be obtained from 367 New England Journal of Medicine 1154 (2012)

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Wendy K. Mariner Contact Information
Boston University School of Law
765 Commonwealth Ave
Boston, MA 02215 USA

Professor of Law
Boston University School of Public Health
715 Albany Street
Boston, MA 02118
United States
617-638-4626 (Phone)
617-414-1464 (Fax)
Email: wmariner@bu.edu

Leonard H. Glantz Contact Information
Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215

Boston University School of Public Health
715 Albany Street
Boston, MA 02118

Email: lglantz@bu.edu

George J. Annas Contact Information
Boston University School of Public Health
715 Albany Street
Boston, MA 02118
(617) 628-4626 (Phone)
(617) 414-1464 (Fax)
Email: annasgj@bu.edu

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