Andrew Koppelman in the Illinois Law Review on why legal academics failed to predict the Obamcare decision: The oral argument caused great consternation precisely because judges who had previously endorsed a broad view of Congressional power now suddenly abandoned principles that had been unquestioned for decades, and embraced limits that they had never before even mentioned and that made no sense as a matter of either constitutional interpretation or political philosophy. The explanation for the near-success of the challenge was a combination of libertarian prepossessions and pure Republican party loyalty. Because such behavior is so far outside the bounds of normal, responsible judicial action, the law professors did not anticipate it. bit.ly/1bmVd2j
Posted on: Mon, 03 Feb 2014 14:05:12 +0000
Trending Topics
Recently Viewed Topics
© 2015