Document Type
Article
Publication Date
2019
First Page
1471
Volume
2019
Issue
6
Source Publication Abbreviation
Brigham Young University Law Review
Abstract
This article explores how multistate litigation over the Affordable Care Act (ACA) reveals the pluralistic nature of state governance, challenging the conventional view of states as unitary actors. It analyzes conflicts among attorneys general, governors, and legislatures in shaping state positions on federal policy, highlighting the interplay of federalism, separation of powers, and partisan dynamics. Through landmark cases such as NFIB v. Sebelius, King v. Burwell, and Texas v. United States, the article demonstrates how state officials mobilize along national party lines while maintaining structural independence under state constitutions. These intrastate divisions complicate judicial assumptions about accountability in federalism doctrine and raise procedural questions about who legitimately speaks for a state in court. The author proposes reforms to clarify representation and strengthen accountability, emphasizing the need for courts to respect states’ internal structures when adjudicating federalism disputes.
Recommended Citation
A State Is a ‘They,’ Not an ‘It’: Intrastate Conflicts in Multistate Challenges to the Affordable Care Act, 2019 B.Y.U L. Rev. 1471 (2020)