June 29 2012: In the (educated and thoughtful) commentaries following in the wake of yesterday's announcement by the Supreme Court that the primary points of the Affordable Care Act were constitutional, we have found -- and will continue to post as we read more -- some interesting sideline points covered in the decision.
In a fine analysis of why Chief Justice John Roberts stepped outside his conservative cohort, "Why Did Roberts Do It? To Save the Court," David L. Franklin, Vice Dean and Associate Professor of Law at DePaul University, posting on Slate, notes [emphases ours]:
...striking down Congress’ threat to eliminate all Medicaid funding to states that refuse to expand eligibility, is the most surprising. Although based on the common sense notion that Congress shouldn’t be allowed to bribe states by making them offers they can’t refuse, it fails to provide a yardstick by which to measure such coercion. My hunch is that this holding will be read narrowly and will not imperil the many “cooperative federalism” programs that already exist, from No Child Left Behind to Title IX to the Clean Air Act. But it is only a hunch.