Enough About the Constitution: How States Can Regulate Health Insurance Under the ACA

Abstract

Last Term, the United States Supreme Court upheld the constitutionality of the Affordable Care Act (ACA). The Court's landmark decision is a forceful reminder that America's oldest question-how power should be shared between state and federal sovereigns-retains powerful political salience. The ACA has been hotly criticized as an affront to state power. It is now settled that the ACA is constitutional. But that is the end of the beginning rather than the beginning of the end.