Thursday, June 28, 2012
What Does the ACA Ruling Mean For You?
If you are a constitutional law scholar and were hoping for Akhil Amar's job after his nervous breakdown, sorry. Make other plans.
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Post of the day.
Posted by: Charles Paul Hoffman | Jun 28, 2012 10:37:49 AM
only going on what I have read on SCOTUS blog, of course, but since I'm hearing that 5 justices rejected the Commerce Clause or N&P clause as a basis for the ACA's constitutionality, looks like it will be necessary to rework teaching in this area. Seems to suggest reinforced limits on Congress's power to legislate under these clauses. One question I'll have as I read the opinions is how to reconcile Gonzales v. Raich (especially Scalia's concurring opinion) with the health care decision.
Posted by: Chris Edelson | Jun 28, 2012 10:39:13 AM
and Akhil Amar may have been right when it came to Commerce Clause/N&P Clause jurisprudence (!)
Posted by: Chris Edelson | Jun 28, 2012 10:41:09 AM
Can I have Randy Barnett's job?
Posted by: Anonymous just because this is slightly mean :-) | Jun 28, 2012 10:55:31 AM
And don't forget the Medicaid decision. It will be interesting to see how many states give up the new money. And -- is this a one-off, or a the first of a more stringent set of opinions?
Posted by: Matt Bodie | Jun 28, 2012 10:58:32 AM
Jack Balkin alert -- elections lead to new constitutional visions, in part a result of the judges put there on account of them. Nod to is it Brian Galle and everyone else who worked on the tax argument.
Posted by: Joe | Jun 28, 2012 11:14:42 AM