Document Type
Article
Publication Date
Winter 2015
Publication Title
Montana Law Review
Keywords
healthcare, Obamacare, federalism, Medicaid
Abstract
In the end, the Supreme Court's federalism jurisprudence seems to run contrary to its stated goals. The New Federalism era, up to and including NFIB, creates an incentive for the national government to flex its own muscles more, not less. Maybe that result will be good for voters' clarity and for uniformity of national policy, but it is not good for uncooperative federalism or for states' autonomy—the values that the Supreme Court seems to be trying to protect.
Repository Citation
Moncrieff, Abigail R. and Dinerstein, Jonathan, "Will Uncooperative Federalism Survive NFIB?" (2015). Law Faculty Articles and Essays. 1279.
https://engagedscholarship.csuohio.edu/fac_articles/1279
Volume
76
Issue
1
Included in
Jurisprudence Commons, State and Local Government Law Commons, Supreme Court of the United States Commons
