"Obamacare on Trial." That's the name of a new book by law professor Einer Elhauge about the Affordable Care Act case before the Supreme Court. Buy it here. Here's how Amazon describes the book:
This short book analyzes the Obamacare case — focusing on many points the Supreme Court was never told about — including the fact that the constitutional framers themselves had approved mandates to buy health insurance! It collects essays that Harvard Law Professor Einer Elhauge wrote to explain these new legal points in a clear, nontechnical fashion in The New York Times, The New Republic, The Atlantic, and elsewhere. It also reproduces excerpts from Chief Justice Robert's Opinion on the mandate.
And here are blurbs on the book by law professors Lawrence Lessig and Larry Tribe, respectively:
Elhauge asked a brilliant and devastatingly simple question of the Supreme Court's so-called "originalists." They simply ignored it. This beautiful book tells a story history won't forget.
Anyone who cares about the Supreme Court's approach to constitutional issues -- and especially about the claims of some Justices that they try to follow the Constitution's original meaning – must read Einer Elhauge's devastating analysis of what all nine Justices, and the hundreds of advocates whose briefs and arguments they studied, simply failed to take into account when the Supreme Court decided the Health Care Case of 2012. No history of that decision will be complete unless it includes this brilliant and eminently readable little book -- a book that deserves to become an instant classic.
Comments