The Affordable Care Act Decision Philosophical and Legal Implications [Paperback]

Interest in NFIB v. Sebeliushas been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Courts 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.

Introduction Fritz Allhoff and Mark A. Hall&nbsp; Unit 1: Context and History&nbsp; 1. NFIB v. Sebelius: Five Takes Glenn H. Reynolds and Brannon P. Denning&nbsp; 2. Popular Constitutionalism and the Affordable Care Act Josh Blackman&nbsp; 3. Metaphysical Philosophers and the Practical Statesmanship of Supreme Court Justices in National Federation of Independent Business v. Sebelius Brian E. Butler&nbsp; 4. By Any Means Necessary? The Constitutionalisation of Healthcare in the United States of America, United Kingdom, and Brazil Jane Marriot and Jamie Fletcher&nbsp; Unit 2: Analyzing the Opinions&nbsp; 5. Fractured Group Speech Acts and the Holding of NFIB v. Sebelius Caleb Mason&nbsp; 6. A Strategy of Increasing Judicial Power in NFIB v. Sebelius Tonja Jacobi&nbsp; 7. The Health Insurance Mandate Really is a Tax, and Thats a Good Thing Too Paul Gowder&nbsp; 8. Activity, Inactivity, and Production: Roberts Commerce Clause Argument&nbsp; <lãÂ