Public Law & Legal Theory
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.
Aziz Huq, "Federalism, Liberty, and Risk in NIFB v. Sebelius," University of Chicago Public Law & Legal Theory Working Paper, No. 425 (2013).