Год выпуска: 2015 Автор: Randall Kelso Издательство: LAP Lambert Academic Publishing Страниц: 52 ISBN: 9783659368110
Описание
In his book, Unprecedented: The Constitutional Challenge to Obamacare (2013), Professor Josh Blackman makes three major conclusions: (1) the Patient Protection and Affordable Care Act of 2010 (ACA/Obamacare) was unprecedented in a number of ways; (2) despite the Supreme Court eventually voting to uphold almost all of the ACA, the litigation was, in many respects, a substantial victory for the conservative legal movement; and (3) to the extent Chief Justice Roberts may have changed his position in the case sometime between his initial vote following oral argument and his final decision, it was likely the product of a desire to preserve long-term court legitimacy against a background of liberal political and media pressure. This review challenges each of these three conclusions, presenting the argument that: (1) the ACA, while a major piece of legislation, is not that unprecedented; (2) the litigation outcome was a substantial defeat for the conservative legal movement; and (3) the...
