Does Congress have to tear down before it can build up?
The Medicaid expansion portion of the Supreme Court’s ruling on the Affordable Care Act was most fundamentally a decision to reorder the relationship between the federal government and the states, a decision to subordinate the idea of nationhood to judge-made deference-to-states theory. Voters, we were told, were not savvy enough to figure out the respective roles of federal and state officials and apportion credit or blame accordingly.