Gluck & Huberfeld on Health Care Federalism

Abbe R. Gluck (Yale University – Law School) & Nicole Huberfeld (Boston University – School of Public Health; Boston University School of Law) have posted What is Federalism in Health Care for? (Stanford Law Review, Vol. 70, 2018) on SSRN.  Here is the abstract: The Affordable Care Act offers a window on modern American federalism—and modern American nationalism—in action. The ACA’s federalism is defined not by separation between state and federal, but rather by a national structure that invites state-led implementation. As it turns out, that structure was only a starting point for a remarkably dynamic and adaptive implementation process that has generated new state-federal arrangements. States move back and forth between different structural models vis-à-vis the federal government; internal state politics produce different state choices; states copy, compete, and cooperate with each other; and negotiation with federal…

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