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Vol 21 No 11 Nov/Dec 2016

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The Health Care Case: The Supreme Court's Decision and Its Implications

Edited by: Nathaniel Persily, Gillian E. Metzger, Trevor W. Morrison

ISBN13: 9780199301065
Published: June 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback
Price: £26.99



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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 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. 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. They offer novel insights into the meaning of the health care decision for President Obama, the Roberts Court, and the debate over constitutional interpretation.

Subjects:
Other Jurisdictions , USA
Contents:
CONTRIBUTORS
INTRODUCTION, NATHANIEL PERSILY, GILLIAN E. METZGER, AND TREVOR W. MORRISON
PART I REFLECTIONS ON THE SUPREME COURT'S 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 JUSTICE'S OBAMACARE DECISION
JOHN FABIAN WITT
PART IV THE DECISION'S 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 COURT'S 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. MEDICAID'S 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