Understanding the Faulty Predictions Regarding the Challenges to Health Reform

This Essay will focus on doctrinal issues and concentrate on one of Hyman’s contributory factors—that a law professor’s
prior beliefs influence how he or she perceives an argument or evolution of doctrine. It will consider both the individual mandate issue
and the spending issue that underlay the mandated expansion of Medicaid in the ACA. And it will filter the discussion through the experiential
prism of someone who had considerable involvement in the Medicaid component of the NFIB decision, advocating and predicting its outcome.

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