Federalism for Preschoolers

As predicted here, another Republican governor has folded his states’ rights tent and consented to Obamacare’s Medicaid expansion in his state. That would be the intrepid Rick Scott of Florida—as it happens, the lead state in the litigation over the ACA. Today’s snarling Wall Street Journal editorial appears here; nro coverage here. One more time: the GOP governors’ Medicaid position, as stated in the Obamacare litigation and embraced by the Supreme Court, has done zero, zilch to fix Medicaid’s insane fiscal incentives. The principal result was a marginal improvement in the states’ bargaining position vis-à-vis the feds. (Law professor Sam Bagenstos has a very fine piece…

Read More