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After the Supreme Court Decision: What Happened? What’s Next? Tom Miller American Enterprise Institute July 9, 2012.

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Presentation on theme: "After the Supreme Court Decision: What Happened? What’s Next? Tom Miller American Enterprise Institute July 9, 2012."— Presentation transcript:

1 After the Supreme Court Decision: What Happened? What’s Next? Tom Miller American Enterprise Institute July 9, 2012

2 The Ruling “It’s a big deal” A strange “majority of one” One door closes, another one opens Tie goes to the government Whatever doesn’t kill me makes me stronger!

3 Let’s cultivate our gardens, in the best of all possible worlds

4 The Chief’s Opinion Roberts: no commerce clause authority Inactivity, can’t compel commerce If necessary, it’s not proper But, results-driven judgment call There must be a tax in there, somewhere…

5 Tax vs. Penalty: Decepticons

6 Without Limits, What Could Future Congresses Do?

7 Medicaid Coercion

8 Severability: Chainsaw, Implosion, or Weedwhacker?

9 Post-Scotus Takeaway Points Exit fees, weak enforcement Rewinding Medicaid? CBO rescoring Pressure on exchanges Back to politics by usual channels Overinvested in courts Industry shrugs or smiles Fed overreach didn’t start with mandate

10 Is There a Health Policy Consensus on the Right?


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