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The Health Care Case – The Supreme Court's Decision and Its Implications - Oxford Scholarship Online
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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


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


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

Part I Reflections on the Supreme Court’s Decision

Chapter 5 Much Ado

Robert N. Weiner

Part II Lines of Argument

Part III The Important Role of the Chief Justice

Part IV The Decision’s Implications

Chapter 15 The Health Care Case in the Public Mind

Andrea Louise Campbell, and Nathaniel Persily

End Matter