In the pending Obamacare litigation, the plaintiff-states argue that Title II of the Affordable Care Act (“Obamacaid”) unconstitutionally “coerces” them to participate in a grand expansion of Medicaid. I’ve argued here and there that the plaintiffs will and should lose that argument. A terrific amicus brief by Vanderbilt Law School professor James Blumstein makes a powerful case on the other side. Ultimately, Jim’s brief doesn’t fully persuade me. But it comes very, very close on account of its recognition that Obamacaid’s crucial problem has to do with the bilateral risk of opportunistic defection from a pre-existing, quasi-contractual relation (Medicaid), not with some “economic coercion” story about federalism’s “balance” and the poor, pitiful states and their faithful public servants. (For ConLaw dorks: the key cases are Pennhurst and Printz, not South Dakota v. Dole or Steward Machine.) I hope to explain sometime next week; today, a few additional remarks on economic coercion. Read more
Friday Roundup, July 13th
- Russ Roberts’ latest EconTalk is available with Joseph Stiglitz on income inequality.
- David Henderson at EconLib on global warming and economists.
- Did the Department of Health and Human Services just gut welfare reform?
- Via Meadia is not California Dreamin.
- Indiana governor Mitch Daniels frequently states that in his state “we have learned to restrain our appetites” with regard to the rents and largesse that an unrestrained fiscal policy can provide to citizens. Comes now the news of a rebate for taxpayers in the Hoosier state because of a fiscal surplus which gives even greater contrast to the path chosen by its Illinois neighbor.
- The Federalist Society expands its already formidable efforts at educating about the principles of law and a free society with its SCOTUSreport. This blog will serve as a storehouse of news and analysis about the Supreme Court. Early posts by John McGinnis on Citizens United and Nicholas Rosenkranz on constitutional avoidance and Chief Justice Roberts’ reasoning in Sebelius are well worth the time.
- European and American leaders might wonder if the handwriting is on the wall.