The Health Care Case: The Supreme Courts Decision and Its Implications

Paperback | June 26, 2013

EditorNathaniel Persily, Gillian E. Metzger, Trevor W. Morrison

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The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. No one could have predicted the strange coalition of justices and arguments that would eventually lead the Court to uphold the Affordable Care Act's principalprovisions. The constitutional case against the ACA was originally written off as frivolous, but after oral argument at the Court, many predicted that the unthinkable had now become likely. When the Supreme Court delivered its complicated and fractured decision, it offered new interpretations tofour different clauses in the Constitution. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law. They offer novel insights into the meaning of the health care decision for President Obama, the Roberts Court, and thedebate over constitutional interpretation.

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The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. No one could have predicted the strange coalition of justices and arguments that would eventually lead the Court to uphold the Affordable Care Act's principalprovisions. The constitutional case against the A...

Nathaniel Persily is the Charles Keller Beekman Professor of Law and Political Science at Columbia Law School. Gillian Metzger is the Vice Dean and Stanley H. Fuld Professor of Law at Columbia Law School. Trevor Morrison is the Liviu Librescu Professor of Law at Columbia Law School.

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Format:PaperbackDimensions:400 pages, 9.25 × 6.12 × 0.68 inPublished:June 26, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199301069

ISBN - 13:9780199301065

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Table of Contents

ContributorsNathaniel Persily, Gillian E. Metzger, and Trevor W. Morrison: IntroductionPart I: Reflections on the Supreme Court's Decision1. Jack M. Balkin: The Court Affirms the Social Contract2. Randy E. Barnett: Who Won the Obamacare Case?3. Richard A. Epstein: A Most Improbable 1787 Constitution: A (Mostly) Originalist Critique of the Constitutionality of the ACA4. Charles Fried: The June Surprises: Balls, Strikes, and the Fog of War5. Robert N. Weiner: Much Ado: The Potential Impact of the Supreme Court Decision Upholding the Affordable Care ActPart II: Lines of Argument: Commerce, Taxing and Spending, Necessary and Proper, and Due Process6. Jamal Greene: The Missing Due Process Argument7. Andrew Koppelman: "Necessary," "Proper," and Health Care Reform8. Gillian E. Metzger and Trevor W. Morrison: The Presumption of Constitutionality and the Individual Mandate9. Ilya Somin: The Individual Mandate and the Proper Meaning of "Proper"Part III: The Important Role of the Chief Justice10. Jonathan H. Adler: Judicial Minimalism, the Mandate, and Mr. Roberts11. Linda Greenhouse: Is it the Roberts Court?12. Neil S. Siegel: More Law than Politics: The Chief, the "Mandate," Legality, and Statesmanship13. John Fabian Witt: The Secret History of the Chief Justice's Obamacare DecisionPart IV: The Decision's Implications14. Samuel R. Bagenstos: Federalism by Waiver After the Health Care Case15. Andrea Louise Campbell and Nathaniel Persily: The Health Care Case in the Public Mind: Opinion on the Supreme Court and Health Reform in a Polarized Era16. Abbe R. Gluck: How Federalism Looks Now: Medicaid and the Nationalizing Effect of the Supreme Court's Old-Fashioned Federalism in Health Reform17. Michael J. Graetz and Jerry L. Mashaw: Constitutional Uncertainty and the Design of Social Insurance: Reflections on the ACA Case18. Timothy Stoltzfus Jost: The Affordable Care Act and the Constitution: Beyond National Federation of Independent Business v. Sebelius19. Sarah Rosenbaum: Medicaid's Next Fifty Years: Aligning an Old Program With the New Normal20. Theodore W. Ruger: Health Policy Devolution and the Institutional Hydraulics of the ACA