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Author:   Nathaniel Persily (Professor of Law and Political Science, Professor of Law and Political Science, Columbia University) ,  Gillian E. Metzger (Professor of Law, Professor of Law, Columbia University) ,  Trevor W. Morrison (Professor of Law, Professor of Law, Columbia University)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 23.90cm , Height: 2.80cm , Length: 16.50cm
Weight:   0.794kg
ISBN:  

9780199301058

ISBN 10:   0199301050
Pages:   400
Publication Date:   04 July 2013
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of 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"

Reviews

<br> Truly one-stop shopping for anyone interested in understanding the meaning and significance of the historic health care cases of 2012. With contributions by some of the most insightful and influential thinkers in the field, this volume clarifies and expands upon what the ACA litigation did and did not signify, what it says about the legacy of the Roberts Court, and where we go from here. An invaluable read. -Dahlia Lithwick, senior editor, Slate<p><br> This is a wonderful collection of essays about the case of the century by the nation's leading scholars. Each page yields new and valuable insight. -Barry Friedman, Jacob D. Fuchsberg Professor of Law, New York University School of Law<p><br> This remarkable book shows beyond doubt that, contrary to Justice Robert Jackson's famous quip, the Supreme Court is neither infallible nor final. The health care case is over, but the argument over what it will mean has just begun. Anyone who seeks an appreciation of the stakes of that debate will find this diverse set of provocative essays indispensable reading. -Michael C. Dorf, Robert S. Stevens Professor, Cornell University Law School<p><br>

Truly one-stop shopping for anyone interested in understanding the meaning and significance of the historic health care cases of 2012. With contributions by some of the most insightful and influential thinkers in the field, this volume clarifies and expands upon what the ACA litigation did and did not signify, what it says about the legacy of the Roberts Court, and where we go from here. An invaluable read. -Dahlia Lithwick, senior editor, Slate This is a wonderful collection of essays about the case of the century by the nation's leading scholars. Each page yields new and valuable insight. -Barry Friedman, Jacob D. Fuchsberg Professor of Law, New York University School of Law This remarkable book shows beyond doubt that, contrary to Justice Robert Jackson's famous quip, the Supreme Court is neither infallible nor final. The health care case is over, but the argument over what it will mean has just begun. Anyone who seeks an appreciation of the stakes of that debate will find this diverse set of provocative essays indispensable reading. -Michael C. Dorf, Robert S. Stevens Professor, Cornell University Law School

Author Information

Nathaniel Persily is the Charles Keller Beekman Professor of Law and Political Science at Columbia Law School. Gillian Metzger is the Vice Dean and Stanley H. Fuld Professor of Law at Columbia Law School. Trevor Morrison is the Liviu Librescu Professor of Law at Columbia Law School.

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