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Pending legal challenges to the Patient Protection and Affordable Care Act are about much more than just the constitutionality of an individual mandate to purchase health insurance. Several cases before federal district-court judges raise claims that the new law would improperly "commandeer" states to enact legislation or administratively enforce federal policies. Some state officials are quietly discussing opt-out alternatives to the federally required expansion of their Medicaid programs. Further ahead on the legal horizon are issues involving excessive delegation of regulatory power to administrative bodies, executive-branch rulemaking that attempts to override past court decisions, and private lawsuits to enforce new legal entitlements under the new health legislation.
Noted health law scholar James F. Blumstein and former Department of Justice associate deputy attorney general Thomas M. Christina will analyze these and other related federal-state legal issues. AEI resident fellow Michael S. Greve will comment, and AEI health policy scholar Thomas P. Miller will moderate the discussion.