Law Professors Comment On The Supreme Court’s Health Law Decision

Not surprisingly, this has been a field day for law professors who have an opinion on the Justice Robert's opinion in the ACA case.  For convenience, we've brought links to commentary together in one convenient place.  They're in no particular order and readers are encouraged to add additional links within the comments.

Mike Dorf here

Jonathan Adler here

Tim Jost here

Randy Barnett here

Larry Solum herehere, here, and here

Richard Epstein here

David Bernstein here

Laurence Tribe here

Adam Winkler here

Nicole Huberfeld here

Rick Hills here

Howard Wasserman here

Alan Morrison here

Tom Smith here

Rick Hasen here

8 Comments

  1. Alfred Brophy

    We should also congratulate the law faculty whose law journal scholarship was cited in the opinions: Lynn Baker and Mitchell Berman's 2003 "Getting off the Dole" in the Indiana Law Journal; Evan Caminker's State Sovereignty and Subordinacy in the Columbia Law Review in 1995; Mark Hall's Commerce Clause Challenges to Health Care Reform in the Penn Law Review in 2011; Nicole Huberfeld, Federalizing Medicaid, in the U.Penn. Journal of Constitutional Law in 2011; Susan Rose-Ackerman's Cooperative Federalism and Co-Optation in the Yale Law Journal in 1983.

    I see that Roberts also used Gerald Gunther's edition of Marshall's defense of McCullough, which was published anonymously, no?

    Have I missed anyone?

  2. Rita_Trivedi

    I'd add in the four professors who gave their takes in NPR's article Legal Scholars React: 'Many People Were Stunned' at http://tinyurl.com/78y4gtt

    Richard Garnett
    Erwin Chemerinsky
    Jamal Greene
    Neil Siegel

    Also commenting in the same article were scholars Ilya Shapiro from the Cato Institute and Robert Alt from the Heritage Foundation.

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