The Health Care Case

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.

"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

• 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