The New Republic

The New Republic

“Part of Roberts’ decision, joined by the dissenters, limited the federal government’s ability to dictate how states use Medicaid funds—and in a way that could have serious effects. Roberts and the conservatives accepted the argument that the federal government effectively coerced the states by threatening to withdraw existing Medicaid funds if they do not expand the program, as the Affordable Care Act calls upon them to do. This makes the expansion of Medicaid essentially voluntary. The federal government is picking up most of these costs, so most states will take the deal anyway. But states could decline to expand if they chose—and it’s not clear (to me) what happens then. In addition, that part of the ruling could limit the federal government’s leverage over states in the future.” -Jon Cohn, “Supreme Court Rules, Obamacare Can Go Forward”
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“Part of Roberts’ decision, joined by the dissenters, limited the federal government’s ability to dictate how states use Medicaid funds—and in a way that could have serious effects. Roberts and the conservatives accepted the argument that the federal government effectively coerced the states by threatening to withdraw existing Medicaid funds if they do not expand the program, as the Affordable Care Act calls upon them to do.

This makes the expansion of Medicaid essentially voluntary. The federal government is picking up most of these costs, so most states will take the deal anyway. But states could decline to expand if they chose—and it’s not clear (to me) what happens then. In addition, that part of the ruling could limit the federal government’s leverage over states in the future.”

-Jon Cohn, “Supreme Court Rules, Obamacare Can Go Forward”

On Mandates and Precedent “Altogether, this means that, if it is to be consistent, the Supreme Court has no choice but to uphold the constitutionality of Obamacare’s purchase mandate. Not only are such purchase mandates not unprecedented, but a purchase mandate with a strikingly similar rationale has affirmatively been approved by all but two members of the current Court.”— Emily Bass and Einer Elhauge, “Even the Most Conservative Supreme Court Justices Have Already Declared Mandates Constitutional” Photo courtesy of Forbes.
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On Mandates and Precedent

“Altogether, this means that, if it is to be consistent, the Supreme Court has no choice but to uphold the constitutionality of Obamacare’s purchase mandate. Not only are such purchase mandates not unprecedented, but a purchase mandate with a strikingly similar rationale has affirmatively been approved by all but two members of the current Court.”

— Emily Bass and Einer Elhauge, “Even the Most Conservative Supreme Court Justices Have Already Declared Mandates Constitutional”

Photo courtesy of Forbes.

“Chief Justice John Roberts and Justice Anthony Kennedy, upon whose votes a decision supposedly rests, could do wonders for the court’s reputation by upholding the law or, at the very least, invalidating the mandate in a minimally disruptive way. Precisely because they seem to hold the law in disregard, a judgment to uphold it would signal a determination to separate law from politics. But the opposite is true, as well.” — Jonathan Cohn, “The Justices and Their Agendas”
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“Chief Justice John Roberts and Justice Anthony Kennedy, upon whose votes a decision supposedly rests, could do wonders for the court’s reputation by upholding the law or, at the very least, invalidating the mandate in a minimally disruptive way. Precisely because they seem to hold the law in disregard, a judgment to uphold it would signal a determination to separate law from politics. But the opposite is true, as well.”

— Jonathan Cohn, “The Justices and Their Agendas”