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

Nathaniel Persily, Gillian E. Metzger, and Trevor W. Morrison

Abstract

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 b ... More

Keywords: Supreme Court, Constitution, constitutional law, health care, Affordable Care Act, Commerce Clause, tax power, John Roberts, NFIB v. Sebelius

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199301058
Published to Oxford Scholarship Online: September 2013 DOI:10.1093/acprof:oso/9780199301058.001.0001

Authors

Affiliations are at time of print publication.

Nathaniel Persily, editor
Columbia University

Gillian E. Metzger, editor
Columbia University

Trevor W. Morrison, editor
Columbia University

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