I think that the terms of the Affordable Care Act do give the states a fair amount of wiggle room and to do things as they see fit. The Affordable Care Act was not designed as some sort of one-size-fits-all solution from Washington. There's lots of discretion given to the states.
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Other Quotes by "Neal Katyal"

If Barr wants to keep defending Trump, he should take a page from one of his predecessors, Henry Stanbery, who stepped down as attorney general to serve as President Andrew Johnson's impeachment counsel. Stanbery, notably, tried to come back as attorney general after the impeachment proceedings concluded. The Senate did not confirm him.
Tags: he, back, who, down
Trump knows he's facing some pretty strong criminal liability when he leaves office, one way or another. Even if a sitting president can't be indicted, he's got to know his future looks like it's behind bars unless he cuts some sort of deal with the prosecutors.
Tags: strong, know, way, future
Many programs are built on the government's spending power, and the existence of an extraconstitutional limit on that power is a worrisome development.
Tags: limit, development, government, power
Merrick Garland was the most qualified nominee, not just in our lifetimes but perhaps in the history of the United States Supreme Court. The chief judge of the D.C. Circuit for 20 years, the nation's second-highest court. Never once been overruled by the Court in his 20 years. He was extraordinary.
Tags: nation, judge, never, history
Unanimity is important because it signals that the justices can rise above their differences and interpret the law without partisanship.
Tags: differences, rise, important, law
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