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A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case

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The debate over the Affordable Care Act was one of the most important and public examinations of the Constitution in our history. At the forefront of that debate were the legal scholars blogging at the Volokh Conspiracy, who engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the cases - beginning before the law was even passed. Severa The debate over the Affordable Care Act was one of the most important and public examinations of the Constitution in our history. At the forefront of that debate were the legal scholars blogging at the Volokh Conspiracy, who engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the cases - beginning before the law was even passed. Several of the Volokh bloggers played key roles in developing the constitutional arguments against the ACA. Their blog posts and articles about the Act had a significant impact on both the public debate and the legal arguments in the case. It was perhaps the first time that a blog affected arguments submitted to the United States Supreme Court on a major issue. In the process, the bloggers helped legitimize a new type of legal discourse. This book compiles the discussion that unfolded at the Volokh Conspiracy blog into a readable narrative, enhanced with new context and analysis, as the contributors reflect on the Obamacare litigation with the advantage of hindsight. The different bloggers certainly did not always agree with each other, but the back-and-forth debates provide momentum as the reader follows the development of the arguments over time. A Conspiracy Against Obamacare exemplifies an important new form of legal discourse and public intellectualism.


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The debate over the Affordable Care Act was one of the most important and public examinations of the Constitution in our history. At the forefront of that debate were the legal scholars blogging at the Volokh Conspiracy, who engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the cases - beginning before the law was even passed. Severa The debate over the Affordable Care Act was one of the most important and public examinations of the Constitution in our history. At the forefront of that debate were the legal scholars blogging at the Volokh Conspiracy, who engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the cases - beginning before the law was even passed. Several of the Volokh bloggers played key roles in developing the constitutional arguments against the ACA. Their blog posts and articles about the Act had a significant impact on both the public debate and the legal arguments in the case. It was perhaps the first time that a blog affected arguments submitted to the United States Supreme Court on a major issue. In the process, the bloggers helped legitimize a new type of legal discourse. This book compiles the discussion that unfolded at the Volokh Conspiracy blog into a readable narrative, enhanced with new context and analysis, as the contributors reflect on the Obamacare litigation with the advantage of hindsight. The different bloggers certainly did not always agree with each other, but the back-and-forth debates provide momentum as the reader follows the development of the arguments over time. A Conspiracy Against Obamacare exemplifies an important new form of legal discourse and public intellectualism.

29 review for A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case

  1. 5 out of 5

    Simon

    This review has been hidden because it contains spoilers. To view it, click here. I definitely don't agree with their politics, but quite frankly I'm in awe (in a scary way) at how quickly these bloggers (and, to be fair, a few others like David Rivkin) managed to find the clinching argument (activity vs inactivity) that the individual mandate of Obamacare was illegal, as well as to change public opinion from supporting Obamacare to detesting it. (Obamacare did survive but without an effective penalty for healthy people not buying insurance until they become sick, and thus in I definitely don't agree with their politics, but quite frankly I'm in awe (in a scary way) at how quickly these bloggers (and, to be fair, a few others like David Rivkin) managed to find the clinching argument (activity vs inactivity) that the individual mandate of Obamacare was illegal, as well as to change public opinion from supporting Obamacare to detesting it. (Obamacare did survive but without an effective penalty for healthy people not buying insurance until they become sick, and thus in effect no mandate, it quickly became a walking dead survivor, since one key leg in the tripos (individual mandate, must-issue, subsidies) was kicked away.) I particularly liked the back-and-forth between Orin Kerr, who served admirably as a foil in countering anti-Obamacare arguments, and the other bloggers. Nonetheless I think these bloggers come across as a bit too self-congratulatory at the end. I'm definitely in awe of, and even a little scared of, their power to shape public opinion (if not quite to get five Supreme Court votes) but that doesn't mean I have to like the way they come across.

  2. 5 out of 5

    Janie

  3. 5 out of 5

    Trevor Burrus

  4. 4 out of 5

    Nathan

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    Matthew Raketti

  6. 4 out of 5

    Adam Hanson

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    David

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    Jeremy

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    Bakunin

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    Melissa

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    Donald Forster

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    Mars Cheung

  13. 5 out of 5

    Madison

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    Susan

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    Ethan

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    Malea

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    Matthew Zabel

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    Waldland

  19. 4 out of 5

    Lucas Pattison

  20. 5 out of 5

    Dan Hactor

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    Kai

  22. 4 out of 5

    Fivewincs

  23. 4 out of 5

    Jonathan

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    James

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    Camille

  26. 5 out of 5

    Jobber

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    Ken Peluso

  28. 5 out of 5

    Amar Baines

  29. 4 out of 5

    Allen Patterson

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