The New England Journal of Medicine has published an article co-authored by James F. Blumstein, who is Vanderbilt’s University Professor of Constitutional Law and Health Law & Policy, and director of the Vanderbilt Health Policy Center, and I. Glenn Cohen of Harvard Law School. The authors believe that, in granting review of the 11th Circuit Court of Appeals’ decision in a lawsuit brought by Florida, joined by 25 other states, which challenged the Affordable Care Act’s requirement that states expand their Medicaid programs, “the Court has signaled that it takes the matter seriously.”
The article, which is an outgrowth of a presentation Blumstein made at Harvard Law School in October 2011, describes and explains the arguments likely to be addressed as the Supreme Court deals with this issue, which the Court has agreed to hear as a separate and distinct challenge to the Affordable Care Act.
Read the NELJ article, “The Constitutionality of the ACA’s Medicaid-Expansion Mandate”