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Holding Congress to its Word: Statutory Realism, Second-Generation Textualism, and ACA Entrenchment in Maine Community Health Options
Abbe R. Gluck
Professor of Law and Faculty Director, Solomon Center for Health Law and Policy, Yale Law School
Abbe R. Gluck[ ]
“The stakes of the risk corridor cases underscore the ACA’s outsized impact. The Supreme Court decides many of the most contentious and significant issues facing the nation, but even the Supreme Court does not get many $12 billion cases.”
- Former U.S. Solicitor General Paul Clement, who opposed the ACA in the Supreme Court twice before defending it in 2020[2]
No statute in modern American history has been challenged as much as the Affordable Care Act (ACA). Few, if any, other statutes are as long or as complex in design. No statute has been as politically wounded: Congress tried unsuccessfully to repeal the ACA more than seventy times and then worked instead, ....

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