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The Last Existential Challenge to the ACA Goes Down Swinging in the Supreme Court
William M. Sage, in Health Affairs ForefrontLink to more items from this source
[Opinion]
June 29, 2021

"The longer-serving Justices, particularly Chief Justice Roberts, have heard enough ACA cases to last any jurist a lifetime. This was not accidental. In exchange for fiscal-political palatability, the drafters of the ACA had accepted a very high risk of continuing litigation. Increasingly stringent and stylized budgetary rules adopted by Congress starting in the 1970s, accentuated by a deepening partisan divide since the 1990s, rendered it politically and procedurally impossible to implement major legislation, particularly health reform, through federal agencies and public financing mechanisms rather than by burdening private parties and relying on state partnerships. Various individuals, corporations, and states therefore found themselves unwilling participants in the ACA, and they often took their financial or ideological grievances to court."

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