alternatehistory.com

Although there have been many discussions about what if SCOTUS had struck down the ACA in 2012, I haven't seen many on "what if SCOTUS upholds the *entire* ACA in 2012, including the requirement that states expand Medicaid or lose existing Medicaid funds?" Now you may say that this is implausible, because the Court ruled 7-2 on this issue. (See Part Four of Chief Justice Roberts' opinion at http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf) But it is at least arguable that Kagan and Breyer voted tactically--they wanted to keep the vacillating Roberts on board on upholding most of the ACA, so they went along with him in rejecting the Medicaid expansion provision as written. If Roberts had been willing to accept it, I rather doubt that Breyer or Kagan would have cast the deciding vote against. I don't think there was any explicit "deal" and I don't say this can be proven, but it is at least plausible. So let's say that 5-4 the Court upholds the *entire* ACA...
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