Balkinization: The Health Care Case -- The Book!

The Health Care Case -- The Book!

Nate Persily

Oxford Press has just published The Health Care Case: The Supreme Court's Decision and Its Implications, which I edited along with Gillian Metzger and Trevor Morrison. Many Balkinization bloggers have contributed chapters. The Table of Contents appears below:

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

Sara Rosenbaum

20 Health Policy Devolution and the Institutional Hydraulics of the Affordable Care Act

Theodore W. Ruger

Posted 6:17 PM by Nate Persily [link]