While the mandate question holds great constitutional interest, the outcome won't greatly affect Obamacare's operation one way or the other. The Medicaid question, in contrast, is crucial.

The sensible course of action in the face of uncertainty is to enact the Federal Consent Decree Fairness Act and to monitor its outcomes.

Renewed attacks on the Court"s "activist" federalism decisions provide occasion to examine the impact of the justices" statutory decisions on federalism.

Attacks on the Court’s "activist" federalism decisions provide occasion to examine the impact of the justices’ sea-changing, but widely underestimated, statutory decisions on federalism.

While progressives peddle a moribund, European social model, originalist pragmatism takes its bearings from the constitutional architecture.