NFIB V. Sibelius: Proportionality in the Exercise of Congressional Power
In: Utah Law Review, Band 2013
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In: Utah Law Review, Band 2013
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In: U of Michigan Public Law Research Paper No. 498
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In: (2023) 73:2 University of Toronto Law Journal 174
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In: Public affairs quarterly: PAQ, Band 27, Heft 3, S. 243-266
ISSN: 0887-0373
In: Northwestern Law & Econ Research Paper No. 12-14
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In: 37 Harvard Journal of Law and Public Policy 71 (2014)
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In: 62 Drake Law Review 101 (2014)
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In: Forthcoming in "The Future of Healthcare Reform in the U. S.," A. Malani and M. Schill, eds. University of Chicago Press, 2014
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In: 91 Washington University Law Review 1 (2013)
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In: 82 University of Cincinnati Law Review 687 (2014)
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In: Oklahoma City University Law Review, Band 39, Heft 3, S. 415-440
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The federal government has long utilized the practice of attaching conditions to the receipt of its funds. In the few instances that the Supreme Court had reviewed state challenges to conditions, it had ultimately set only minimal limitations on Congress' spending power. That is why, when the Supreme Court's 2012 decision in National Federation of Independent Business v. Sebelius was delivered, a host of scholarly predictions emerged. Some thought the ruling would prompt an unraveling of other conditional spending programs. Others anticipated more indirect, structural changes to flow from the decision. I find that elements of both have occurred. Over the past seven years, federal and state actions have revealed an interesting mix of results. A surge of recent legal challenges have relied on NFIB's coercion doctrine, but the courts have consistently rejected those challenges. Congress has also been careful when designing new programs to avoid the sort of federal coercion that was struck by the Court in NFIB.
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In: In The Affordable Care Act Decision: Philosophical and Legal Implications F. Allhoff & M. Hall eds. (Routledge, 2014)
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In: University of Pennsylvania Journal of Constitutional Law Heightened Scrutiny, Band 15, Heft 43
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