The “Buffalo Buyout” has elicited considerable attention and a number of creative nicknames since it was added by House Republican leaders to the draft American Healthcare Reform Act on Monday night. (Among others: “Tammany Haul,” “Upstate Shakedown,” “Long Island Larceny,” “Hudson Heist.”) Amidst the outrage over the provision (outrage that is, I think, quite justified), one key point has been lost: the Buffalo Buyout is quite likely unconstitutional, and New York State will have a very strong argument if it tries to kill the provision in court.

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