The Tough Luck Constitution And The Assault On Health Care Reform
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The Tough Luck Constitution And The Assault On Healthcare Reform
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Author : Andrew Koppelman
language : en
Publisher: Oxford University Press
Release Date : 2013-04-11
The Tough Luck Constitution And The Assault On Healthcare Reform written by Andrew Koppelman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-11 with Health & Fitness categories.
Looks at Chief Justice John Roberts' upholding of "Obamacare," and shows how his decision was based on libertarian ideals and may not be a victory, but instead a blow, to progressives.
The Tough Luck Constitution And The Assault On Health Care Reform
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Author : Andrew Koppelman
language : en
Publisher:
Release Date : 2013
The Tough Luck Constitution And The Assault On Health Care Reform written by Andrew Koppelman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.
The legal challenge to the Patient Protection and Affordable Care Act of 2010 (ACA), and the Supreme Court's decision to uphold the law, is possibly the most momentous Supreme Court case on the issue of federal power in our era. Yet, despite the Court's ruling, the issue of health care reform is still a divisive issue. This book suggests that the constitutional arguments against it are spurious, and it explains why. After walking readers through the 125-year modern history of Supreme Court cases dealing with the regulation of commerce, the book tackles the arguments for and against the law.
The Tough Luck Constitution And The Assault On Health Care Reform
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Author : Andrew Koppelman
language : en
Publisher: Oxford University Press
Release Date : 2013-02-22
The Tough Luck Constitution And The Assault On Health Care Reform written by Andrew Koppelman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-22 with Political Science categories.
Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.
Gay Rights Vs Religious Liberty
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Author : Andrew Koppelman
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-06-02
Gay Rights Vs Religious Liberty written by Andrew Koppelman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-02 with Law categories.
Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.
Uncertain Justice
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Author : Laurence Tribe
language : en
Publisher: Macmillan + ORM
Release Date : 2014-06-03
Uncertain Justice written by Laurence Tribe and has been published by Macmillan + ORM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-03 with Political Science categories.
Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation’s laws in Uncertain Justice: The Roberts Court and the Constitution. From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live. “Marvelous...Tribe and Matz’s insights are illuminating.... [They] offer well-crafted overviews of key cases decided by the Roberts Court ... [and] chart the Supreme Court’s conservative path, clarifying complex cases in accessible terms.”—The Chicago Tribune “Well-written and highly readable...The strength of the book is its painstaking explanation of all sides of the critical cases, giving full voice and weight to conservative and liberal views alike.”—The Washington Post
Obamacare Wars
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Author : Daniel Béland
language : en
Publisher: University Press of Kansas
Release Date : 2023-02-10
Obamacare Wars written by Daniel Béland and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-10 with Medical categories.
Not five minutes after the Affordable Care Act (ACA) was signed into law, in March 2010, Virginia’s attorney general was suing to stop it. And yet, the ACA rolled out, in infamously bumpy fashion, and rolled on, fought and defended at every turn—despite President Obama’s claim, in 2014, that its proponents and opponents could finally “stop fighting old political battles that keep us gridlocked.” But not only would the battles not stop, as Obamacare Wars makes acutely clear, they spread from Washington, DC, to a variety of new arenas. The first thorough account of the implementation of the ACA, this book reveals the fissures the act exposed in the American federal system. Obamacare Wars shows how the law’s intergovernmental structure, which entails the participation of both the federal government and the states, has deeply shaped the politics of implementation. Focusing on the creation of insurance exchanges, the expansion of Medicaid, and execution of regulatory reforms, Daniel Béland, Philip Rocco, and Alex Waddan examine how opponents of the ACA fought back against its implementation. They also explain why opponents of the law were successful in some efforts and not in others—and not necessarily in a seemingly predictable red vs. blue pattern. Their work identifies the role of policy legacies, institutional fragmentation, and public sentiments in each instance as states grappled with new institutions, as in the case of the exchanges, or existing structures, in Medicaid and regulatory reform. Looking broadly at national trends and specifically at the experience of individual states, Obamacare Wars brings much-needed clarity to highly controversial but little-understood aspects of the Affordable Care Act’s odyssey, with implications for how we understand the future trajectory of health reform, as well as the multiple forms of federalism in American politics.
The Health Care Case
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Author : Nathaniel Persily
language : en
Publisher: Oxford University Press, USA
Release Date : 2013-07-04
The Health Care Case written by Nathaniel Persily and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-04 with Law categories.
The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.
Unraveled
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Author : Josh Blackman
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-26
Unraveled written by Josh Blackman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-26 with Law categories.
Six years after its enactment, Obamacare remains one of the most controversial, divisive, and enduring political issues in America. In this much-anticipated follow-up to his critically acclaimed Unprecedented: The Constitutional Challenge to Obamacare (2013), Josh Blackman argues that, to implement the law, President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty. At the same time, conservative opponents have stopped at nothing to unravel Obamacare, including a three-week government shutdown, four Supreme Court cases, and fifty repeal votes. This legal thriller provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'. Unraveled is essential reading to understand the future of the Affordable Care Act in America's gridlocked government in 2016, and beyond.
The Affordable Care Act Decision
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Author : Fritz Allhoff
language : en
Publisher: Routledge
Release Date : 2014-02-18
The Affordable Care Act Decision written by Fritz Allhoff and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-18 with Philosophy categories.
Interest in NFIB v. Sebelius has been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Court’s grant of certiorari, and the decision itself, both for its substantive holdings and the purported behind-the-scene dynamics. Legal blogs exploded with analysis, bioethicists opined on our collective responsibilities, and philosophers tackled concepts like ‘coercion’ and the activity/inactivity distinction. This volume aims to bring together scholars from disparate fields to analyze various features of the decision. It comprises over twenty essays from a range of academic disciplines, namely law, philosophy, and political science. Essays are divided into five units: context and history, analyzing the opinions, individual liberty, Medicaid, and future implications.
The Hollow Core Of Constitutional Theory
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Author : Donald L. Drakeman
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-08
The Hollow Core Of Constitutional Theory written by Donald L. Drakeman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-08 with History categories.
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.