In Supreme Court Health Care Ruling, Confusion and Contradiction

, New York Law Journal


Stephen B. Meister, a partner of Meister, Seelig & Fein, writes that in the name of judicial restraint, Chief Justice John Roberts invented a new "Threaten to Tax and Don't Spend Power," undermining the structural limits on federal power developed over 220 years of enumerated-power jurisprudence; and, in the name of federalism, invalidated ACA's withholding of Medicaid grants even while creating a de facto police power that paves the way to obliterate that foundational principle.

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