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Governor

Legal Analysis of Section 1311(e)(1)(B) of the Patient Protection and Affordable Care Act and State-Sponsored Public Health Plans

You have requested an updated memorandum concerning the effect of section 1311(e)(1)(B) of the Patient Protection and Affordable Care Act (PPACA). Specifically, you have asked whether this section would allow a state, through its governor or other state official, to disallow private plans from participating in a state’s health benefit exchange, and whether this language could effectively be used to allow some type of state-sponsored health plan (i.e., a public health plan) to be the only insurance option offered.

Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments

The election of incumbent Senators as President and Vice President in 2008, combined with subsequent cabinet appointments, resulted in the highest number of Senate vacancies during a presidential transition period in over 60 years. Vacant seats were filled in Colorado, Delaware, Illinois, and New York, all states in which the governor appoints a temporary replacement. Controversies surrounding the replacement process in two of these states drew scrutiny and criticism of both the particular circumstances and the appointment process itself.