Will Uncooperative Federalism Survive NFIB?

Abigail R. Moncrieff, Jonathan Dinerstein

    Research output: Contribution to journalArticlepeer-review

    Abstract

    In the end, the Supreme Court's federalism jurisprudence seems to run contrary to its stated goals. The New Federalism era, up to and including NFIB, creates an incentive for the national government to flex its own muscles more, not less. Maybe that result will be good for voters' clarity and for uniformity of national policy, but it is not good for uncooperative federalism or for states' autonomy—the values that the Supreme Court seems to be trying to protect.

    Original languageAmerican English
    JournalMontana Law Review
    Volume76
    StatePublished - Jan 1 2015

    Keywords

    • healthcare
    • Obamacare
    • federalism
    • Medicaid

    Disciplines

    • Jurisprudence
    • Law
    • State and Local Government Law
    • Supreme Court of the United States

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