The Tough Luck Constitution and the Assault on Healthcare Reform by Andrew KoppelmanThe Tough Luck Constitution and the Assault on Healthcare Reform by Andrew Koppelman

The Tough Luck Constitution and the Assault on Healthcare Reform

byAndrew Koppelman

Hardcover | March 15, 2013

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The legal challenge to the Affordable Care Act, and the Supreme Court's decision to uphold the law, is quite possibly the most momentous Supreme Court case on the issue of federal power in our era. Yet, despite the Court's ruling, the issue of health care reform is still an incredibly divisiveissue. For the left, the federal government has the power to regulate interstate commerce, and the health insurance industry surely falls under the definition of interstate commerce. For conservatives, the individual mandate is the core of the plan, and it represents an egregious erosion ofindividual rights and liberties. Andrew Koppelman, a leading constitutional scholar and an expert on the issue, thinks that the constitutional arguments against it are spurious, and in The Tough Luck Constitution and the Assault on Health Care Reform, explains why. After walking readers through the 125-year modern history ofSupreme Court cases dealing with the regulation of commerce, Koppelman tackles the arguments for and against the law. He contends that the New Deal established that that federal government had broad power over interstate commerce. If most commerce in a modern, complex economy like the US amounts tointerstate commerce - as case law currently holds - then surely health care, which constitutes one sixth of the economy and is dominated by an insurance industry that crosses state lines, is interstate commerce too. Koppleman's book closes with an analysis of the final decision. The Tough LuckConstitution and the Assault on Health Care Reform is an authoritative account of the issue-one that not only carries great implications for the upcoming presidential election, but which also serves as a definitive analysis for years to come.

About The Author

Andrew Koppelman is John Paul Stevens Professor of Law at Northwestern University, and author of Defending American Religious Neutrality (Harvard UP) and A Right to Discriminate? (Yale UP)
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Details & Specs

Title:The Tough Luck Constitution and the Assault on Healthcare ReformFormat:HardcoverDimensions:240 pages, 8.25 × 5.5 × 0.98 inPublished:March 15, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199970025

ISBN - 13:9780199970025

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Table of Contents

Introduction1. The Road to the MandateOrigins of health insuranceAfter Medicare and MedicaidObama2. Appropriate Constitutional LimitsThe enumerated powersNecessary and ProperThe unhappy story of judicially crafted limitsA Constitution of subsidiarityWhy the mandate is constitutional3. Bad News for Mail RobbersThe invention of the constitutional objectionBarnett's libertarianismThe path to the Supreme CourtThe Broccoli HorribleFrom court to Court4. What the Court DidThe mandateMedicaidSeverabilityExplaining John Roberts5. Where It HurtsSo what happens to the Medicaid expansion?Your tough luckAcknowledgements