ABSTRACT

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.

chapter |6 pages

Introduction NFIB v. Sebelius

A Case for the Ages

part 2|61 pages

Analyzing the Opinions

part 3|60 pages

Individual Liberty

part 4|62 pages

Medicaid

chapter 13|14 pages

Fiscal Objections to Expanded Health Coverage

A Case Study of the Affordable Care Act

chapter 15|15 pages

Coercion, Political Accountability, and Voter Ignorance

The Mistaken Medicaid Expansion Ruling in NFIB v. Sebelius

part 5|58 pages

Future Implications

chapter 18|11 pages

The Health of the Commerce Clause

The Sebelius Decision and the Future of Federal Power

chapter 20|15 pages

The Alien Exclusion

The Affordable Care Act and the Oblique Rights of Those on the Margins