Of the four discrete questions before the Court in National Federation of Independent Business v. Sebelius, the Medicaid expansion held the greatest potential for destabilization from both a statutory and a constitutional perspective. As authors of an amicus brief supporting the Medicaid expansion, and scholars with expertise in health law who have been cited by the Court, we show in this article why NFIB is likely to fulfill that promise.
Kevin Outterson, Nicole Huberfeld & Elizabeth W. Leonard,
Plunging into Endless Difficulties: Medicaid and Coercion in National Federation of Independent Business v. Sebelius,
Boston University Law Review
Available at: http://scholarship.law.bu.edu/faculty_scholarship/9