Sunday, April 21, 2013

Hyman on Law Professors and the PPACA

Jason Mazzone

While I am rocking the boat here at Balkinization, I may as well flag my colleague David Hyman's new essay on "Why Did Law Professors Misunderestimate the Lawsuits against PPACA." The abstract reads:
Almost without exception, law professors dismissed the possibility that the Patient Protection and Affordable Act Act ("PPACA") might be unconstitutional -- but something went wrong on the way to the courthouse. What explains the epic failure of law professors to accurately predict how Article III judges would handle the case? After considering three possible defenses/justifications, this essay identifies five factors that help explain the erroneous predictions of our nation’s elite law professors, who were badly wrong, but never in doubt.
The essay is forthcoming in the University of Illinois Law Review, which will also be doing a mini-symposium on it.

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