Authors

Aziz HuqFollow

Publication Date

2013

Publication Title

Public Law & Legal Theory

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.

Number

425

Included in

Law Commons

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