Timothy Jost

Timothy Stoltzfus Jost is a professor of law at Washington and Lee University and a frequent commentator on the health-reform law.

Recent Articles

Turning the States From Adversaries Into Partners

The states came out as winners in the Affordable Care Act, though some don't seem to realize it.

President Barack Obama hugs House Speaker Nancy Pelosi after delivering remarks regarding the Affordable Health Care for America Act. (White House/Pete Souza)
"Every word in a bill is subject for an argument in court," Justice Stephen Breyer recently observed, suggesting that the 2,400-page Affordable Care Act could keep the courts busy for a very long time. Constitutional challenges to the law are now under way, and the regulations being issued by three federal departments -- Health and Human Services, Labor, and Treasury -- are sure to be grist for more legal controversy. But once the dust settles on the court challenges and the federal regulations, the action will be in the states, which will have the primary responsibility for implementing the law. And among the issues faced by the states, none will be more important than the design of health-insurance exchanges, which will play a key role in expanding coverage and bringing down its cost. In writing their health-reform bills, the Senate and House took sharply different approaches to implementation. The House bill created a new federal Health Choices Administration responsible for...