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Dr. Feld,

There were always very good policy grounds to oppose the reform plans.

But the constitutionality of them was never one of them.

The states had plenty of opportunity to oppose the plans on the policy grounds they are now trying to turn into questions of constitutional law.

But they failed to make their voices heard, for reasons that are inexplicable to me. It's too late now, and borderline frivolous constitutional arguments aren't going to change anything.

You're right that this is an important shift in power to the federal government. But the governors supporting these lawsuits only have themselves to blame for not raising this argument when it could have made a difference.


Evan Falchuk

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