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Author: Andrew Koppelman Publisher: Oxford University Press ISBN: 0199970025 Category : Health & Fitness Languages : en Pages : 195
Book Description
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.
Author: Andrew Koppelman Publisher: Oxford University Press ISBN: 0199970025 Category : Health & Fitness Languages : en Pages : 195
Book Description
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.
Author: Andrew Koppelman Publisher: ISBN: 9780190260187 Category : Constitutional law Languages : en Pages : 182
Book Description
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.
Author: Daniel Béland Publisher: University Press of Kansas ISBN: 0700635076 Category : Medical Languages : en Pages : 248
Book Description
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.
Author: Neal Devins Publisher: Oxford University Press, USA ISBN: 0199916543 Category : Law Languages : en Pages : 369
Book Description
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Author: Neal Devins Publisher: Oxford University Press ISBN: 0190279567 Category : Political Science Languages : en Pages : 369
Book Description
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Author: Laurence Tribe Publisher: Macmillan + ORM ISBN: 0805099131 Category : Political Science Languages : en Pages : 420
Book Description
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
Author: Nathaniel Persily Publisher: Oxford University Press ISBN: 0199301077 Category : Law Languages : en Pages : 401
Book Description
The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. Like the legislative battle leading to adoption of "Obamacare", the litigation took many unexpected twists and turns, culminating in a surprising, fractured and confusing decision from the Supreme Court. 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.
Author: Fritz Allhoff Publisher: Routledge ISBN: 1134641087 Category : Philosophy Languages : en Pages : 372
Book Description
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.
Author: Wendy Pearlman Publisher: Cambridge University Press ISBN: 1139503057 Category : Political Science Languages : en Pages :
Book Description
Why do some national movements use violent protest and others nonviolent protest? Wendy Pearlman shows that much of the answer lies inside movements themselves. Nonviolent protest requires coordination and restraint, which only a cohesive movement can provide. When, by contrast, a movement is fragmented, factional competition generates new incentives for violence and authority structures are too weak to constrain escalation. Pearlman reveals these patterns across one hundred years in the Palestinian national movement, with comparisons to South Africa and Northern Ireland. To those who ask why there is no Palestinian Gandhi, Pearlman demonstrates that nonviolence is not simply a matter of leadership. Nor is violence attributable only to religion, emotions or stark instrumentality. Instead, a movement's organizational structure mediates the strategies that it employs. By taking readers on a journey from civil disobedience to suicide bombings, this book offers fresh insight into the dynamics of conflict and mobilization.
Author: Andrew Koppelman Publisher: Oxford University Press, USA ISBN: 0197500986 Category : Law Languages : en Pages : 215
Book Description
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.
Author: Andrew Koppelman
Author: Andrew Koppelman
Author: Andrew Koppelman
Author: Daniel Béland
Author: Neal Devins
Author: Neal Devins
Author: Laurence Tribe
Author: Nathaniel Persily
Author: Fritz Allhoff
Author: Wendy Pearlman
Author: Andrew Koppelman