Abstract

http://ssrn.com/abstract=2437958
 


 



Hobby Lobby and the Pathology of Citizens United


Ellen D. Katz


University of Michigan Law School

June 10, 2014

Duke Journal of Constitutional Law & Public Policy, Forthcoming
U of Michigan Public Law Research Paper No. 413

Abstract:     
This Essay explores a distinct way Citizens United v. Federal Election Commission promises to influence pending challenges to the Patient Protection and Affordable Care Act (ACA), and a host of cases to come. Specifically, the way Citizens United approached precedent will likely affect, and radiate well beyond, the current ACA challenges. Citizens United read a number of prior decisions to adopt rules those decisions deliberately chose not to espouse. While this is not an entirely new move for the Court, the contribution of Citizens United was to normalize this disconcerting stance. The Roberts Court seems increasingly comfortable approaching precedent just as it did in that case. This Essay identifies this move as a consistent practice across a number of decisions, and explains why it is cause for deep concern.

Number of Pages in PDF File: 15

Keywords: Citizens United, Hobby Lobby, Affordable Care Act, precedent, Roberts Court

JEL Classification: K10, K30, K32, K40, K41

Accepted Paper Series





Download This Paper

Date posted: May 18, 2014 ; Last revised: June 13, 2014

Suggested Citation

Katz, Ellen D., Hobby Lobby and the Pathology of Citizens United (June 10, 2014). Duke Journal of Constitutional Law & Public Policy, Forthcoming; U of Michigan Public Law Research Paper No. 413. Available at SSRN: http://ssrn.com/abstract=2437958

Contact Information

Ellen Katz (Contact Author)
University of Michigan Law School ( email )
625 South State Street
LR 960
Ann Arbor, MI 48109-1215
United States
734-647-6241 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 878
Downloads: 203
Download Rank: 89,137

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.266 seconds