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The Health Care Case

The Health Care Case

The Supreme Court's Decision and Its Implications

9780199301058
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Description
The Supreme Courts decision in the Health Care Case, NFIB v. Sebelius, gripped the nations 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 Acts principal provisions. 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. Whenthe Supreme Court delivered its complicated and fractured decision, it offered new interpretations to four different clauses in the Constitution. This volume gathers together reactions to the decision from an ideologically diverse selection of the nations 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 the debate over constitutional interpretation.
Product Details
OUP USA
86601
9780199301058
9780199301058

Data sheet

Publication date
2013
Issue number
1
Cover
hard cover
Pages count
400
Dimensions (mm)
156 x 235
Weight (g)
794
  • Contributors; Introduction, Nathaniel Persily, Gillian E. Metzger, and Trevor W. Morrison; Part I Reflections on the Supreme Courts Decision; 1 The Court Affirms the Social Contract; Jack M. Balkin; 2 Who Won the Obamacare Case?; Randy E. Barnett; 3 A Most Improbable 1787 Constitution: A (Mostly) Originalist Critique of the Constitutionality of the ACA; Richard A. Epstein; 4 The June Surprises: Balls, Strikes, and the Fog of War; Charles Fried; 5 Much Ado: The Potential Impact of the Supreme Court Decision Upholding the Affordable Care Act; Robert N. Weiner; Part II Lines of Argument: Commerce, Taxing and Spending, Necessary and Proper, and Due Process; 6 The Missing Due Process Argument; Jamal Greene; 7 Necessary, Proper, and Health Care Reform; Andrew Koppelman; 8 The Presumption of Constitutionality and the Individual Mandate; Gillian E. Metzger and Trevor W. Morrison; 9 The Individual Mandate and the Proper Meaning of Proper ; Ilya Somin; Part III The Important Role of the Chief Justice; 10 Judicial Minimalism, the Mandate, and Mr. Roberts; Jonathan H. Adler; 11 Is it the Roberts Court?; Linda Greenhouse; 12 More Law than Politics: The Chief, the Mandate, Legality, and Statesmanship; Neil S. Siegel; 13 The Secret History of the Chief Justices Obamacare Decision; John Fabian Witt; Part IV The Decisions Implications; 14 Federalism by Waiver After the Health Care Case; Samuel R. Bagenstos; 15 The Health Care Case in the Public Mind: Opinion on the Supreme Court and Health Reform in a Polarized Era; Andrea Louise Campbell and Nathaniel Persily; 16 How Federalism Looks Now: Medicaid and the Nationalizing Effect of the Supreme Courts Old-Fashioned Federalism in Health Reform; Abbe R. Gluck; 17 Constitutional Uncertainty and the Design of Social Insurance: Reflections on the ACA Case; Michael J. Graetz and Jerry L. Mashaw; 18 The Affordable Care Act and the Constitution: Beyond National Federation of Independent Business v. Sebelius; Timothy Stoltzfus Jost; 19 Medicaids Next Fifty Years: Aligning an Old Program With the New Normal; Sarah Rosenbaum; 20 Health Policy Devolution and the Institutional Hydraulics of the ACA; Theodore W. Ruger;
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