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The Health Care CaseThe Supreme Court's Decision and Its Implications$
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Nathaniel Persily, Gillian E. Metzger, and Trevor W. Morrison

Print publication date: 2013

Print ISBN-13: 9780199301058

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199301058.001.0001

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Federalism by Waiver after the Health Care Case

Federalism by Waiver after the Health Care Case

(p.227) Chapter 14 Federalism by Waiver after the Health Care Case
The Health Care Case

Samuel R. Bagenstos

Oxford University Press

The Court’s Spending Clause ruling will have potentially far-reaching effects on the constitutionality of federal statutes, as states will be prompted to challenge other conditional-spending laws in the education, social welfare, environmental, and civil rights areas as unconstitutionally coercive. This chapter focuses on the case’s effect on the day-to-day bargaining between states and the federal agencies that administer cooperative spending programs. NFIB gives states important new leverage in these negotiations This is likely to accelerate the trend toward “federalism by waiver,” in which important questions of the federal-state relationship are resolved by the federal executive branch granting tailored, conditional exemptions from the broad, general spending conditions adopted by Congress.

Keywords:   Supreme Court, Constitution, constitutional law, health care, Affordable Care Act, Commerce Clause, federalism, spending power, NFIB v. Sebelius

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