The Benefits of Opt-In Federalism Academic Article

abstract

• The Affordable Care Act (“ACA”) is a controversial and historic statute that mandates people make insurance bargains. Unacknowledged is an innovative mechanism ACA uses to select the law that governs those bargains: opt-in federalism. Opt-in federalism – in which individuals choose between federal and state rules – is a promising theoretical means to make and choose law. This Article explains why, and concludes that the appeal of opt-in federalism is independent of ACA. Whatever the statute’s constitutional fate, future policymakers should consider opt-in federalist approaches to answer fundamental but exceedingly difficult questions of health and retirement law.

authors

• Maher, Brendan

published proceedings

• Boston College Law Review

author list (cited authors)

• Maher, B. S.

complete list of authors

• Maher, Brendan S

publication date

• November 2011

publisher

• Boston College Law School  Publisher

published in

• Boston College law review. Boston College. Law School  Journal

keywords

• ACA
• Erisa
• Federalism
• Health Care
• Health Law And Policy
• Insurance Law
• Law
• PPACA
• Reform

URI

• https://scholarship.law.tamu.edu/facscholar/1421

start page

• 1733

end page

• 1793

volume

• 52

issue

• 5

URL

• https://scholarship.law.tamu.edu/facscholar/1421/