The Chief Justice may have been wrong on the law when, in
National Federation of Independent Businesses v. Sebelius, 132 S. Ct. 2566 (
2012) he declared the ACA insurance reforms a “new program” in his analysis of the constitutionality of the Medicaid expansion. But he certainly was correct as a matter of policy in recognizing the ACA Medicaid expansion as a “shift in kind, not merely degree,” an amendment that transformed a “program to care for the neediest among us” into an “element of a comprehensive national plan to provide universal health insurance coverage.” See 132 S. Ct. 2566, at 2605-2606.
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