Front cover image for The health care case : the Supreme Court's decision and its implications

The health care case : the Supreme Court's decision and its implications

Nathaniel Persily (Editor), Gillian E. Metzger (Editor), Trevor W. Morrison (Editor)
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 Act's principal provisions. When the 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 nation's leading scholars of constitutional, administrative, and health law
eBook, English, 2013
Oxford University Press, Oxford, 2013
Trials, litigation, etc
1 online resource
9780199301072, 9780199354412, 9780199344888, 0199301077, 0199354413, 0199344884
Introduction / Nathaniel Persily, Gillian E. Metzger and Trevor W. Morrison
The court affirms the social contract / Jack M. Balkin
Who won the Obamacare case? / Randy E. Barnett
A most improbable 1787 Constitution : a (mostly) originalist critique of the constitutionality of the ACA / Richard E. Epstein
The June surprises : balls, strikes, and the fog of war / Charles fried
Much ado : the potential impact of the Supreme Court decision upholding the Affordable Care Act / Robert N. Weiner
The missing due process argument / Jamal Greene
"Necessary, " "proper, " and health care reform / Andrew Koppelman
The presumption of constitutionality and the individual mandate / Gillian E. Metzger and Trevor W. Morrison
The individual mandate and the proper meaning of "proper" / Ilya Somin
Judicial minimalism, the mandate, and Mr. Roberts / Jonathan H. Adler
Is it the Roberts court? / Linda Greenhouse
More law than politics : the chief, the "mandate, " legality, and statesmanship / Neil S. Siegel
The secret history of the chief justice's Obamacare decision / John Fabian Witt
Federalism by waiver after the Health Care case / Samuel R. Bagenstos
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
Federalism from federal statutes : health reform, Medicaid and the old-fashioned Federalists' gamble / Abbe R. Gluck
Constitutional uncertainty and the design of social insurance : reflections on the ACA case / Michael J. Graetz and Jerry L. Mashaw
The Affordable Care Act and the Constitution : beyond National Federation of Independent Business v. Sebelius / Timothy Stoltzfus Jost
Medicaid's next fifty years : aligning an old program with the new normal / Sara Rosenbaum
Health policy devolution and the institutional hydraulics of the Affordable Care Act / Theodore W. Ruger
Includes index