On page 8 of Justice Ginsburg’s concurring opinion (page 73 in this pdf), she cites the amicus brief submitted by Health Care For All along with our partners HLA, MHA, GBIO, Community Catalyst and the Mass League of Community Health Centers:
States that undertake health-care reforms on their own thus risk “placing themselves in a position of economic disadvantage as compared with neighbors or competitors.” Davis, 301 U. S., at 644. See also Brief for Health Care for All, Inc., et al. as Amici Curiae in No. 11–398, p. 4 (“[O]ut
of-state residents continue to seek and receive millions of dollars in uncompensated care in Massachusetts hospitals, limiting the State’s efforts to improve its health care system through the elimination of uncompensated care.”). Facing that risk, individual States are unlikely to take the initiative in addressing the problem of the uninsured, even though solving that problem is in all States’ best interests. Congress’ intervention was needed to overcome this collective
She also cites the brief from the Commonwealth, filed by Attorney General Coakley.
Congrats to everyone that worked on the briefs, and to the Honorable Court!