Why Did Law Professors Misunderestimate the Lawsuits against PPACA?

34 Pages Posted: 16 Apr 2013 Last revised: 24 Jul 2014

See all articles by David A. Hyman

David A. Hyman

Georgetown University Law Center

Date Written: July 23, 2014

Abstract

Almost without exception, law professors dismissed the possibility that the Patient Protection and Affordable Act Act ("PPACA") might be unconstitutional -- but something went wrong on the way to the courthouse. What explains the epic failure of law professors to accurately predict how Article III judges would handle the case? After considering three possible defenses/justifications, this essay identifies five factors that help explain the erroneous predictions of our nation’s elite law professors, who were badly wrong, but never in doubt.

Keywords: constitutional law, health reform, PPACA

JEL Classification: K19, K23

Suggested Citation

Hyman, David A., Why Did Law Professors Misunderestimate the Lawsuits against PPACA? (July 23, 2014). 2014 University of Illinois Law Review 805; Illinois Public Law Research Paper No. 13-40; Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-19. Available at SSRN: https://ssrn.com/abstract=2224364

David A. Hyman (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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