The Washington Post, February 4, 2014
The Affordable Care Act is being litigated. Again. Several previous health law cases involved huge issues of constitutional policies. The big 2012 Supreme Court case engaged central questions of modern government: Is it constitutionally permissible to require millions of people to purchase health coverage to stabilize our national health-care market? Is it overly coercive to deploy the federal government's huge Medicaid leverage to induce states to expand coverage? In separate litigation, the Supreme Court is being asked to decide the appropriate boundaries between employers' and employees' religious liberties in deciding matters such as contraceptive coverage.