On this episode of the AEI Events Podcast, an expert panel examines the legal history of the Affordable Care Act (ACA) and provide a forecast of future areas of conflict as changes continue under the Trump administration.

Thomas Miller of AEI began by framing the issue within broader political and policy realities. Seth Chandler of the University of Houston Law Center attributed many of the ACA’s shortcomings to flaws in the statute’s original architecture, noting that, for several reasons, Congress has done little to address such ills. Timothy Jost, formerly of Washington and Lee University, explained that much of the law’s design involved deferring to future administrative action, which resulted in a complicated and contentious system as the law evolved under diverging political interests.

Joel Ario of Manatt Health focused on the perspectives and approaches of individual states on key questions such as the individual mandate, risk pools, and the use of technology. Christopher Condeluci of CC Law & Policy turned his attention to congressional intent, suggesting that some changes did occur during implementation even if such actions were consistent with some of the law’s policy objectives.

This event took place on July 9, 2018.

Watch the full event here.

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  1. Joe D. Inactive
    Joe D.
    @JosephDornisch

    I’d really like someone on this site to explain why, and why it should be so, that Americans need standing to sue the federal government. I would think by virtue of being an American I am a counter party and enabled to sue the federal government. I might not have a case, it might be laughably stupid, incoherent, or illogical, but I would think I would have standing – I pay taxes, I am an heir to those who voted to accept the constitution and as such am in a contract (the constitution) with the federal government.

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