There are very few Supreme Court cases that are as consequential and controversial as National Federation of Independent Business v Sebelius, the recent challenge to the Affordable Care Act (ACA), and Citizens United v Federal Election Commission, which struck down congressional limits on corporate and union spending on political advertising. The ACA ruling, in which the ACA’s individual mandate was upheld (as a tax), allows the nation to continue on the path of health care reform, even if the Supreme Court did potentially undermine Medicaid expansion. But Citizens United is now being deployed to repeal the ACA through a sustained campaign bankrolled by big corporations.
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