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

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.

Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center and Director, Georgetown Center for the Constitution, USA.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law, USA.

David E. Bernstein is the George Mason University Foundation Professor at the George Mason University School of Law, USA.

Orin Kerr is the Fred C. Stevenson Research Professor at the George Washington University Law School, USA.

David B. Kopel is the Research Director at the Independence Institute, USA.

Ilya Somin is a Professor of Law at George Mason University School of Law, USA.

Trevor Burrus is a Research Fellow at the Cato Institute Center for Constitutional Studies, USA.

Foreword by Paul Clement
Introduction
1. In the Beginning
2. The Law is Passed
3. The Cases Begin
4. Decisions, Decisions
5. Moving Up the Ladder
6. The Big Show
7. Argument
8. Decision Time and Aftermath
Post-Script and Concluding Thoughts