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

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

2013
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Overview
The Supreme Court’s decision in the Health Care Case, NFIB v. Sebelius, gripped the nation’s attention during the spring of 2012. Like the legislative battle leading to adoption of the Affordable Care Act (ACA or “Obamacare”), the litigation took many unexpected twists and turns. 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. 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. Early commentary viewed the decision as a victory for President Obama’s signature legislative achievement, even if five members of the Court agreed with several of the arguments advanced by the law’s detractors. Others focused on what the decision meant for the Roberts Court as an institution and for long-run debates over constitutional interpretation. 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.