Federalism, Liberty, and Risk in NFIB v. Sebelius
Forthcoming in "The Future of Healthcare Reform in the U. S.," A. Malani and M. Schill, eds. University of Chicago Press, 2014
21 Pages Posted: 23 Apr 2013
Date Written: April 22, 2013
Abstract
This book chapter analyzes the Supreme Court’s decision in National Federation of Independent Business (NFIB) v. Sebelius. Contra conventional wisdom, it argues that the pivotal opinion of Chief Justice Roberts is not well explained in federalism terms. Rather, the decision is best understood in light of entrenched historical understandings of the federal government’s appropriate role in managing diverse species of risk.
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